Patna High Court: The Division Bench of Chakradhari Sharan Singh And Mohit Kumar Shah, JJ., expressed its sheer dissatisfaction over the progress made by the Health Department, Government of Bihar on many fronts in fighting COVID crises. The Bench expressed,
“At this stage, in our opinion, if some drastic step is not taken, the situation in the State of Bihar, arising out of COVID crisis, which has already gone beyond control, is likely to deteriorate to immeasurable proportions.”
The Bench noticed that even after giving assurance that 60 oxygen beds were available in ESIC Hospital, Bihta, which were in the process of being enhanced to 500 beds, the State government had not been able to ensure proper utilization of even 60 oxygen beds, let alone, enhancing the number of beds, primarily because of non-supply of medicines. Similarly, though the Bihar Health Society had been directed by the government to make available fund to the tune of Rs. 50 lakhs to the District Health Society, Patna, for supplying drugs/ medicines, so far there had been no supply of medicines in the facility at ESIC, Hospital, Bihta.
Opining that various orders issued by the Court in the instant matter speak for themselves, the Bench stated that it is essential for the Court to take some drastic step to prevent the situation in the state from deteriorating to immeasurable proportions as it already had gone beyond control. The Court stated.
“This Court will be failing in its duty if necessary orders are not passed befitting the present situation, in the larger public interest, to ensure protection of right to life of the people in the State of Bihar.”
Advocate General, Mr. Lalit Kishore had submitted that before any order is passed the State may be given an opportunity to file affidavit, as the Government had successfully met the challenge arising out of COVID-19 crisis, had done the best which could have been done and there had been substantial increase in the healthcare facilities and COVID beds to facilitate treatment of the COVID patients.
Accordingly, the Court directed the state to file affidavit by 06-04-2021 and while doing so, the Court further reminded the state to keep in mind various facts emerging from the orders passed by this Court from time to time in this matter. Refusing to issue any further direction the Bench remarked,
“Despite the fact that in spite of repeated directions issued by this Court, in the Court’s opinion, most of them have remained on paper and have not been complied with, awaiting the response of the State Government.”
[Shivani Kaushik v. Union of India, Civil Writ Jurisdiction Case No. 353 of 2021, Order dated 04-05-2021]
Kamini Sharma, Editorial Assistant has put this report together
Advocates before the Court:
For the Petitioner/s: Shivani Kaushik (In Person)
For the UOI: Dr K.N. Singh (ASG)
For the State: Anjani Kumar, AAG-4
For the Respondent 5: Mrs Binita Singh
For Respondent 6: Shivender Kishore, Sr. Advocate
For PMC: Prasoon Sinha