Manipur High Court
Mr. Naresh Maimom vs Union Of India ; & Ors on 10 September, 2021
KABORA Digitally signed
by
MBAM KABORAMBAM
SANDEEP SANDEEP SINGH
Date: 2021.09.10 Item No. 4
SINGH 16:27:05 +05'30' (Through Video Conferencing)
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
PIL No. 26 of 2021
Mr. Naresh Maimom
Petitioner
Vs.
Union of India ; & Ors.
Respondents
BEFORE
HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR
HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR
10.09.2021
Sanjay Kumar (C.J.):
[1] Mr. Serto T Kom, learned counsel, appears for the petitioner. Mr. S.
Suresh, learned ASG, appears for the Union of India. Mr. Lenin Hijam, learned
Additional Advocate General, Manipur, appears for the State authorities, and Mr.
M. Devananda, learned counsel, appears for RIMS, Imphal.
[2] The additional affidavit dated 01.09.2021 filed by respondent No. 1,
and the additional affidavit dated 06.09.2021 of respondent Nos. 2 & 3, are taken
on record.
[3] As the judgment and order dated 16.07.2020 passed by a Division
Bench of this Court in PIL No. 16 of 2020 now stands confirmed by the Supreme
Court, the directions therein have to be given effect to. Mr. Lenin Hijam, learned
Additional Advocate General, Manipur, and Mr. S. Suresh, learned ASG, seek
time to ascertain as to what steps are being taken in compliance with the
aforesaid judgment and order and report.
Additional affidavits shall be filed by the next date of hearing giving
full details of the steps initiated to comply with the said judgment and order.
[4] The additional affidavit dated 01.09.2021 filed by the Secretary,
Ministry of Health and Family Welfare, Government of India, New Delhi, reflects
that a sum of ₹. 85.95 crore was proposed as financial assistance to the State of
Manipur under ECPR-II. Out of this, the Central Government's share of 90%
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comes to ₹ 78.07 crore, while the State Government's share is the remaining
10%. The affidavit also discloses that the Central Government has already
released ₹. 38.67 crore out of its share, but there is no indication as to when the
balance will be released. As this amount was proposed to be released during the
financial year 2021-2022 and nearly half of the financial year has elapsed, the
Central Government has to take steps for releasing the balance amount
expeditiously. Mr. S. Suresh, learned ASG, seeks time to obtain instruction in this
regard. Needful shall be done by the next date of hearing.
Mr. Lenin Hijam, learned Additional Advocate General, Manipur,
shall also report as to what steps have been taken by the State Government to
release its share out of this financial assistance and the measures taken to
effectively utilize these amounts.
[5] The additional affidavit dated 06.09.2021 of the State authorities,
reflects that a decision was taken to augment the health care infrastructure in the
Districts if the bed occupancy exceeded 40% for any bed category. However, no
details are given as to when this decision was taken and as to what steps have
been taken to augment health care infrastructure in the event the occupancy
exceeded 40% in relation to any bed category. The affidavit to be filed by the
State authorities shall also address this aspect.
Ms. Rosita Haobam, Special Secretary (Health & FW), Government
of Manipur, is present in this video conference. She is requested to be present in
the next video conference hearing also to assist this Court.
Post on 04.10.2021.
A copy of this order shall be supplied online or through whatsapp to
the learned counsel for the parties.
JUDGE CHIEF JUSTICE
Sandeep
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