Kerala High Court
Kerala Private Hospitals ... vs Adv.Sabu P. Joseph on 30 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Thursday, the 30th day of March 2023 / 9th 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 24/03/2023 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.TO.
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 30th day of March, 2023
ORDER
Devan Ramachandran, J.
This case assumes greater importance now because diligence
and care for "Covid-19" is again advised.
2. We are happy that the learned Senior Government Pleader -
Sri.S.Kannan reports to us that the Government is proposing to
amend the The Kerala Healthcare Service Persons and Healthcare
Service Institutions, (Prevention of Violence and Damage to
Property) Act 2012, to ensure that no further attacks on doctors and
healthcare personnel take place. We also note with appreciation his
submission that meetings are scheduled at the highest levels with
all the stakeholders, including the parties to this case, on
04.04.2023 and 11.04.2023.
3. As we have been always saying and consistently reminding,
it is only if citizens are told and impressed upon, that an attack on a
doctor or a healthcare personnel - for whatever be the reason - is
unacceptable, will its chances be reduced. We believe that one of
the most important factors that can aid in this is the opinion of this
Court, particularly the intent to treat every such incident as being
R.P.No.379 of 2021 in W.P.(C)No.10659 of 2021 & W.P.(C)No.11820 of 2021
non-negotiable.
4. We, therefore, declare that, until decisions are taken at the
highest levels - legislatively and otherwise - every incident of
attack on a doctor or healthcare personnel will be treated as being
in conflict with our intent or orders; and that necessary action will
be pursued in such regard also.
5. We direct the Secretary of the Health and Family Welfare
Department, Thiruvananthapuram, to make this order of us known
to the public through appropriate means including publications,
papers and such other media, because we are certainly of the
opinion that if people understand the consequences of their
actions, they would refrain from adventurism, which sometimes is
also on account of lack of respect for the law.
List on 26.05.2023.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
anm
30-03-2023 /True Copy/ Assistant Registrar
