Rajasthan High Court Bench comprising Chief Justice Indrajit Mahanty and Justice Inderjeet Singh, while dealing with a PIL filed by Rajasthan High Court Bar Association highlighting the issue of COVID patients and shortage of Covid Hospitals, has ordered the formation of State and District level Committee.
Background of the Case
The PIL (Rajasthan High Court Bar Association v. State of Rajasthan) pertained to the Plight of Covid Patients highlighting the issues faced by them, lack of medical facilities, and shortage of beds.
Submission made by Petitioner
Counsel for the petitioner submitted that in the various hospitals situated in Jaipur City beds for treating the COVID patients are not available. Counsel further submitted that essential drugs and injections like Remdesivir are not adequately available in the hospitals. Counsel further submitted that information with regard to the availability of beds is also not available to the attendants of the patients. Counsel further submitted that SMS Hospital be also declared as a COVID treating hospital.
Counsel further submitted that more dedicated COVID hospitals be declared and lastly submitted that for proper monitoring of the problems a committee is constituted. Counsel further submitted that the Bar Council of Rajasthan has agreed to hand over its building situated at Jaipur and Jodhpur for the opening of dedicated COVID hospitals for treatment of COVID patients and Advocates and their families be given priority, and prayed that the State Government be directed to provide the infrastructure like oxygen, beds, injections, doctors, medical & nursing staff, etc.
Submission of Advocate General
Learned Advocate General appearing on behalf of the State submitted that the State Government is making serious efforts to come out with the solutions and a committee of three Cabinet Ministers of the State met with the High Power Committee of the Ministers of the Central Government on 27.04.2021 to discuss the problem about the availability of oxygen, drugs & injections like Remdesivir, etc.
Learned Advocate General further submitted that the Central Government has assured for the supply of these items to the State Government as early as possible. Learned Advocate General further submitted that for COVID treatment rates have already been fixed by the State Government for various private and government hospitals and in the government hospitals treatment is given to COVID patients free of cost. Learned Advocate General further submitted that an online portal is available on the internet indicating the availability of beds in the private as well as government hospitals in the State of Rajasthan.
It was also submitted that not only is there great pressure on the medical infrastructure in the State for the treatment of patients, but the entry of attendants into the medical facilities has also led to great difficulties being faced by the COVID warriors and doctors in treating the patients. Learned Advocate General assured that if the building at Jaipur and Jodhpur is handed over to the State Government by the Bar Council of Rajasthan, appropriate medical facilities will be provided by the State Government at the earliest
Submission on behalf of Union of India
Mr. Anand Sharma, learned counsel appearing on behalf of the Union of India submitted that the Hon’ble Supreme Court is seized with the matter regarding supply of oxygen throughout the country. He further submitted that the Central Government is making every possible effort for the supply of oxygen in different States throughout the country as well as supply of drugs, injections as per the demand raised by the State Governments.
Order of the Court
Court after hearing the learned Counsels directed and ordered for the formation of State and District Level Committees.
State Level Committee:
1. Chairman, Bar Council of Rajasthan
2. Advocate General, State of Rajasthan
3. Additional Solicitor General
4.Presidents of the Rajasthan High Court Bar Association, Jodhpur/Jaipur.
The convenor of the committee shall be the Secretary of the State Bar Council, Rajasthan.
Court ordered that,
“The aforesaid committee shall set up Emergency Assistance Cells at Jodhpur/Jaipur State Bar Council offices. The Help-Desk shall be manned 24 hours and adequate number of telephone/cell numbers be provided for operation of the helpline number. Adequate publicity be given to such Help-Desk and helpline numbers. The State Bar Council shall take steps to depute such a number of personnel, as required to attend the calls. Such emergency helpline numbers would be widely publicised, both in the Print and Electronic Media in order to make the public aware of the assistance available at hand as well as to instil confidence in them during the present pandemic situation.
The offices of the committee shall regularly inform and contact the various officials appointed by the State and/or Municipal Bodies and/or Health Authorities to make available necessary medical assistance, such as ambulance, hospitalization and medical care etc., as may be needed by the people referred to by the committee.”
District Level Committee:
Similarly, District Level Committees were directed to be formed, in the following manner, at all District Headquarters except Jodhpur and Jaipur.
1. Secretary, District Legal Services Authority.
2. President, District Bar Association.
3. Nominated member of Rajasthan State Bar Council
Court further stated that,
“We hope and trust that the committees formed by us will take all necessary steps to alleviate the difficulties being faced by the general public at large in the State of Rajasthan and act as a bridge with the authorities created by the State for the purpose of dealing with the present COVID pandemic.
We further direct that the State Level Committee shall obtain reports from all the District Level Committees and submit such reports before this Court on a fortnightly basis. In addition to it, it is hereby directed that the State is to provide necessary police assistance at all hospitals in order to control the entry and exit into the hospitals and limit access of attendants of patients to one attendant per patient at any one time. This direction is being issued for the welfare of the patients who require treatment. This Court expresses its expectation as well as confidence that the committees set up by it shall supplement the efforts being made both by the Union of India as well as the State of Rajasthan in the matter of providing medical aid to the people of our State.”
Case Details
Case Title: Rajasthan High Court Bar Association v. State of Rajasthan
Bench: Chief Justice Indrajit Mahanty and Justice Inderjeet Singh
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