Kerala High Court
Kerala Private Hospitals ... vs Adv.Sabu P. Joseph on 24 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Friday, the 24th day of March 2023 / 3rd Chaithra, 1945
RP NO. 379 OF 2021(S) IN WP(C) 10659/2021(S)
REVIEW PETITIONER/RESPONDENT NO.5:
KERALA PRIVATE HOSPITALS ASSOCIATION HAVING ITS REGISTERED
OFFICE AT KPHA HEAD QUARTERS,ASHIR BHAVAN ROAD,
KACHERIPPADY,ERNAKULAM,KOCHI-682018,
REPRESENTED BY ITS PRESIDENT,HUSSAIN KOYA THANGAL.
RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 4 & RESPONDENTS 6 TO 12
IN WP(C)No.10659/2021:
1.ADV.SABU P. JOSEPH ,AGED 46 YEARS,S/O.T.A.JOSEPH,
VICE-CHAIRMAN,LEGAL CELL,HUMAN RIGHTS FORUM,
REG.NO.186/IV/19,REGISTERED OFFICE AT
B NO:XX-638,CLASSIC TOWER,A M ROAD,PERUMBAVOOR-683542.
2.THE STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF
KERALA,SECRETARIAT,THIRUVANANTHAPURAM-695001.
3.DIRECTOR GENERAL OF HEALTH SERVICES,
DIRECTORATE OF HEALTH SERVICES,
GENERAL HOSPITAL JUNCTION,THIRUVANANTHAPURAM-695035.
4.INDIAN COUNCIL OF MEDICAL RESEARCH ,
V.RAMALINGASWAMI BHAVAN,
P O BOX NO.4911,ANSARI NAGAR,NEW DELHI-110029.
REPRESENTED BY ITS SECRETARY AND DIRECTOR GENERAL.
5.UNION OF INDIA, REPRESENTED BY ITS SECRETARY,
HEALTH AND FAMILY WELFARE,NIRMAN BHAVAN,NEW DELHI-110011.
P.T.O
6.STATE HEALTH AGENCY, REPRESENTED BY EXECUTIVE DIRECTOR,
ARTECH MEENAKSHI PLAZA,5TH AND 8TH FLOOR,OPP.GOVT.WOMAN
AND CHILD HOSPITAL,THYCAUD,THIRUVANANTHAPURAM-695014.
7.NATIONAL HEALTH MISSION REPRESENTED BY THE EXECUTIVE
DIRECTOR, NRHM BUILDING,GENERAL HOSPITAL,DIRECTORATE
OF HEALTH SERVICE, JAI VIHAR,KANNUKUZHY,
THIRUVANANTHAPURAM-695035.
8.KERALA MEDICAL SERVICES CORPORATION LTD.
REPRESENTED BY EXECUTIVE DIRECTOR,C.V.RAMAN PILLAI ROAD,
WOMAN AND CHILDREN HOSPITAL,THYCAUD,
THIRUVANANTHAPURAM-695014.
9.THE INDIAN MEDICAL ASSOCIATION(IMA),KERALA
REPRESENTED BY PRESIDENT,HEADQUARTERS,ANAYARA.P.O,
THIRUVANANTHAPURAM-695029.
10.QUALIFIED PRIVATE MEDICAL PRACTITIONERS ASSOCIATION,
REPRESENTED BY ITS PRESIDENT,FLOOR-V-E/F,
VALLAMATTAM ESTATE, RAVIPURAM,M.G.ROAD,KOCHI-682015.
11.CATHOLIC HEALTH ASSOCIATION OF INDIA,
REPRESENTED BY THE EXECUTIVE DIRECTOR,PASTORAL
ORIENTATION CENTRE, CIVIL LINE ROAD,PALARIVATTOM,
KOCHI-682028.
12.MUSLIM EDUCATIONAL SOCIETY ,BANK ROAD,CALICUT-673011,
REPRESENTED BY ITS PRESIDENT DR.P.A.FAZAL GAFOOR.
*ADDL. R13 IMPLEADED
13.THE STATE POLICE CHIEF, KERALA
*ADDL R13 SUO MOTU IMPLEADED AS PER ORDER DATED 09.09.2021
IN RP 379/21 IN WPC 10659/21.
P.T.O.
ADDL. R14 IMPLEADED
14.DR.ARAVIND C.S., S/O.SREEDHARAN, AGED 50 YEARS,
RESIDING AT THIRUVANANTHAPURAM, GENERAL SECRETARY,
KERALA GOVERNMENT MEDICAL COLLEGE TEACHERS ASSOCIATION,
THIRUVANANTHAPURAM-695 011.
ADDL. R14 IS IMPLEADED AS PER ORDER DATED 19/01/2023 IN
IA.1/2023 IN RP 379/21 IN WPC 10659/21.
Review petition praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to allow the above
the Review Petition, review the judgment dated 10/05/2021 in
WP(C)No.10659/2021, and to pass such other order or further orders as
this Honourable Court may deem fit and proper in the circumstances of
the case.
This petition again coming on for orders upon perusing the
petition, this Court's judgment dated 10/05/2021 in WP(C)10659/2021 &
order dated 08/03/2023 in RP.379/2021 and upon hearing the arguments of
SRI.SYAM DIVAN (SENIOR ADVOCATE) along with SRI.K. ANAND, Advocates for
the petitioner, ADVOCATE GENERAL & GOVERNMENT PLEADER for R2 & R3,
DEPUTY SOLICITOR GENERAL OF INDIA for R4 & R5, DR.S. GOPAKUMARAN NAIR
(SENIOR ADVOCATE) along with SRI.SURAJ T.ELENJIKKAL, Advocate for R9,
M/S.M.GOPIKRISHNAN NAMBIAR, K.JOHN MATHAI, JOSON MANAVALAN, KURYAN
THOMAS, PAULOSE C. ABRAHAM, JAI MOHAN & RAJA KANNAN, Advocates for R10,
SRI.S. KANNAN, SENIOR GOVERNMENT PLEADER for Addl.R13 and
of SRI.P.SREEKUMAR, Advocate for Addl.R14, the court passed the
following:
P.T.O.
DEVAN RAMACHANDRAN,
&
DR.KAUSER EDAPPAGATH, JJ.
=========================
R.P.No.379 of 2021 in W.P.(C)No.10659 of 2021
& W.P.(C)No.11820 of 2021
==========================
Dated this the 24th day of March, 2023
ORDER
Devan Ramachandran, J.
Read order dated 08.03.2023.
2. Sri.S.Kannan - learned Senior Government Pleader, has
placed on record the reports of the two police officers, with respect
to the incidents mentioned therein.
3. We do not propose to say in detail today; but, suffice it to
record that we cannot approve of the attacks on doctors and
medical personnel, whatever be the reason. We are indicating this
because, we get the feeling that there is an attempt - perhaps
unintended - to justify the attacks in one form or the other.
4. We make it clear that, whatever be the provocation or
reason that anyone may impel or project, an attack on a medical
personnel is unacceptable and that this is non-negotiable.
5. The Government, therefore, has to now tell us the modus to
ensure such attacks never take place, because what we are
concerned about is not the action after such an attack, but the
prevention itself.
6. Sri.S.Kannan - learned Senior Government Pleader sought a
R.P.No.379 of 2021 in W.P.(C)No.10659 of 2021 & W.P.(C)No.11820 of 2021
few days time for this, but taking note of the fact that two or three
other incidents are also stated to have happened during the period
when we are in seizen of this issue, we deem it appropriate to list it
on 30.03.2023 itself, because we do not think that any time can be
lost.
We close for now, recording that it is our firm belief that
unless the Civil society is properly sensitized, as also the doctors,
the unfortunate strife at least in a very few cases, will continue.
Our endeavor is to end this and we, therefore, call upon the
Government to come out with firm suggestions including,
legislative, if they have any in mind.
List on 30.03.2023.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
anm
24-03-2023 /True Copy/ Assistant Registrar
