Division Bench of J&K High Court Comprising Chief Justice Gita Mittal and Justice Rajnesh Oswal sued a series of directions to the government and its departments, while hearing public interest litigation pertaining to spread of coronavirus in the Union Territory.
The entire proceedings in the matter were conducted through video conferencing and video calls, and both judges heard the matter from their respective residences here.
During the course of hearing, Division Bench observed that it is pointed out by Ateeb Kanth, Advocate that in the report filed by the Health Department, only 157 technicians are available for which reason insufficient sampling is being undertaken. It is submitted by Mr. Kanth that as a result, despite the Government stand that 50,000 travellers have travelled into J&K, only 4,000 people have been tested for Covid-19.
DB directed Chief Secretary, UT of J&K as well as Secretary, Health and Medical Education to examine issue urgently.
Division Bench further observed that a report has been filed by Ms. Monika Kohli, learned Amicus Curiae. However, the same was received only this morning by both of us. The report requires to be examined. We have noted in our order that 19 States and 3 Union Territories have all framed serious legislations addressing this issue. Ms. Kohli submits that the stand taken by the Ministry of Health and Family Welfare, government of India in these proceedings is most unfortunate and insensitive. Ms. Kohli points that despite the available framework and the serious pandemic issues which are being addressed by healthcare professional, these personnel are being subjected to extreme violence in a spate of incidents all over the country. Ms. Kohli points out that valuable public property (as ambulances, police vehicles) involved in COVID-19 issues, are being stoned and damaged for which there is no compensation. It is urged that these public resources are in extreme short supply. Ms. Kohli submits that she has came across reports from Jammu and Kashmir of an actual incident of doctors in Budgam who were held hostage by the public and of instances where doctors have been asked to vacate the hotel accommodation which they were occupying as they were engaged in undertaking Covid-19 containment and treatment measures. She submits that the issue of safety, care, health and violence against these healthcare professionals needs to be addressed on priority in the Union Territories of Jammu and Kashmir as well as Ladakh.
Division Bench observe dthat given the stand taken by the Ministry of Health and Family Welfare, Govt. of India which had actually drafted the Healthcare Service Personnel and Clinical Establishments (Prohibition of Violence and Damage to Property) Bill, 2019 (“Draft Bill”) and sent it for the consideration of Ministry of Home Affairs, we are of the view that before we examine the issue further, the view which was taken by the Ministry of Home Affairs needs to be placed before us.
DB further observed that it is informed that even public consultation on that Bill was long over.
DB directed Vishal Sharma, ASGI shall file before us the concerns and objections of the Ministry of Home Affairs on the said Bill which stood drafted by the Ministry of Health and Family Welfare.
DB further observed that In view of the above, it is necessary to have the stakeholders before us, issued notices to Indian Medical Association
through its National President, Junior Resident Doctors through its Secretary, Government Medical College, Jammu and Doctors Association of Kashmir through its President Dr. Nisar-ul-Hassan, Medicine Department SMHS Hospital, Karan Nagar, Srinagar.
DB further directed the order dated 10th April 2020 as well as this order be sent to the above three associations. They may send their views and comments via e¬mail to the Registrar Judicial(s) in these matters.
DB further ordered that Adv Monika Kohli and all the counsels examine the Bill which was propounded by the Ministry of Health and Family Welfare and compare the same with the legislations enacted by the various states and UTs and make submissions there on the next date.
DB further observed that A report dated 15th April 2020 has been filed by Mr. Shalendar Kumar, Principal Secretary to the Government, Social Welfare Department. Unfortunately, despite repeated orders, the Social Welfare Department is unable to comprehend the requirement/compliance which was required to be effected. In Para 7 of our order dated 10th April 2020, we had sought a report with regard to specific category of persons (i.e. dependents/families of healthcare personnel/government personnel, official engaged in Covid-19 management). This would include dependents/families of doctors, nurses, ambulance drivers, safai karamcharis, police personnel, etc who are engaged in Covid-19 issue. A 300 page report which has been sent on e-mail relating to the general response of the department to Covid-19 issues.
DB after gone through the report observed that this had not been sought by us and directed the Social Welfare Department address the specific information sought by us. It also appears that this report has not been submitted through learned AAG which is incorrect.
DB observed that During the hearings before us, we have found that in respect of applications moved in Srinagar, Mr. Shah Amir, AAG would request that copy of the application be served upon the Government counsel in Jammu as he had no access to the records which were in Jammu. This has been our experience in case of matters which came up for consideration in Jammu if the Darbar was at Srinagar as well.
DB directed the Secretary, General Administration Department to inform this court as to the status and location of all records of the Government of Union Territory of Jammu and Kashmir as at present. This report shall be filed within two days from today.
DB further observed that the Darbar Move entails loss of several working days while the records are being packed and therefore re-arranged after the move is effected and directed the Secretary/Commissioner, Finance Department place before us an estimation of the salary bill for one week of the staff which is involved in the Darbar Move.
During the course of hearing, Division Bench observed that Our attention is drawn to the fact that there are large number of migrant and contract labourers, visitors to places of religious importance in Jammu and Kashmir and tourist spots in Jammu and Kashmir who, on account of the lockdown, have been stranded in different locations in the Union Territory. We are informed that these people have been given temporary shelters in mosques etc without any formal plan for their transportation back to their homes or places of their origin.It is also submitted that these persons are living in deplorable conditions and their essential needs are not being met. These persons are stated to be located in various places in the Kashmir valley including in Shopian, Srinagar and other places.
DB directed the Divisional Commissioners of Jammu and Srinagar submit a report to this court with regard to the conditions regarding the above categories of persons. We shall be informed about the locations of such persons and the measures which are being undertaken for ensuring needs of these stranded persons and the action plan regarding these persons. JNF