Nagpur: Concerned over deaths due to Covid-19 and unavailability of beds, oxygen and medicines, the Nagpur bench of Bombay high court reminded the Maharashtra government about its obligation to save them.
“At this juncture, we must point out that it is the state’s solemn duty to save and preserve precious life of every citizen under Article 21 of the Constitution of India. We would be failing in our duty if we do not remind the government of this solemn obligation by doing whatever is possible for it today in this direction,” a division bench comprising justices Sunil Shukre and Shreeram Modak said.
While hearing a suo motu PIL based on TOI reports of bed shortage, the bench pointed out the spike in Covid-19 cases witnessed in Nagpur is of the steepest kind, not seen even during the first phase of pandemic last year. “We all agree that urgent steps are required to be taken. In this direction, some of the suggestions have been given by amicus curiae Shreerang Bhandarkar, senior counsel MG Bhangde, government pleader Ketki Desai and counsel for the respective parties.”
Warning the medical and paramedical personnel, and also institutions and organizations, to join duties to contain Covid-19 pandemic after being requisitioned by the government, the bench warned them of action. “All of them are duty bound to obey the directives passed by the nodal authorities with immediate effect. We would like to warn them that if any names of the defiers are supplied, this court would not hesitate to take necessary action, including contempt of lawful authority and also issuing punitive orders.”
The warning came after the collector and NMC commissioner informed that even though specific orders have been issued by them as nodal authorities under the Epidemic Act and Disaster Management Act, requisitioning services and facilities for the purpose, the orders are not being strictly complied with by some medical and paramedicals personnel, institutions and organizations. This is affecting the quality of healthcare being provided by medical fraternity under their supervision.
“We must remind such reluctant or disobedient service providers and duty renderers that if they do not comply with the orders, they would be failing in their constitutional obligation and doing so at their peril, inviting coercive action against them. However, considering the present situation and ordinary human difficulties, HC would be the last one to resort to any coercive measure against any reluctant or disrespectful personnel, institutions and organizations,” the judges said, adding that they wouldn’t be punishing them at this juncture.
Reminding the doctors working or posted in government hospitals about their duties, the judges said everyone is duty bound to meet the obligation and give medical assistance for preservation of life.
“No law or state action can intervene to avoid or delay the discharge of paramount obligation cast upon the medical profession members. The obligation to preserve life being total, absolute and paramount, laws of procedure whether in statute and or otherwise, which would interfere with its discharge, can’t be sustained and must, therefore, give way to whatever is conducive to saving and preservation of precious human life,” they said.
Collector, NMC to verify condition of 4 hosps
The HC directed collector and NMC chief to verify conditions of ESIC and three Ayurveda hospitals on whether they could be converted to treat Covid-19 patients. The total capacity of all these four establishments is 450. The suggestion in this regard came from IMA counsel Bhanudas Kulkarni.
“On being satisfied that these hospitals can be made functional, those should be started for treating coronavirus patients by Wednesday evening and a report shall be placed before this court,” the bench said.