HC seeks Govt reply on Covid-19 measures

Excelsior Correspondent
Srinagar, Mar 12: The High Court today sought reply from Government indicating therein as to what steps and measures have been taken to combat the spread of Coronavirus.
Hearing a Public Interest Litigation filed by an advocate Azra Ismail and keeping in view the importance of the matter, the Division Bench of Chief Justice Gita Mittal and Justice Rajesh Bindal heard the matter through video conferencing as the Bench was available at Jammu wing of High Court.
The Division Bench after hearing the Counsels Faisal Qadri and Soleh Peerzada appearing in the PIL issued notice to Chief Secretary of J&K which has been accepted by the Government counsel in open court and court directed him to file the reply to the contentions raised in the PIL within four days and ordered listing of the matter on March 16.
Court has also directed the Government to place the copy of response already filed in a PIL which is pending at Jammu wing of court to the instant PIL. Court will hear both the petitions one pending at Jammu wing and the instant PIL together on Tuesday.
It was noted that the pandemic of Novel Coronavirus is reported to have extended its impact to this part of the globe as well, which is manifest from the isolation of some suspected patients in SKIMS and apart from such prognosis the influx of tourists and repatriation of local residents from China and other affected regions is likely to keep the situation vulnerable and further compounded by the ill-preparedness of the authorities and the recessive medical facilities.
Court during the proceedings of the matter has been informed that the local Government has yet to come up with any concrete policy to combat the impeding outbreak of the disease. The hygienic condition of hospitals and Primary Health Care centres continues to remain by and large dismal. The standardized preventive measures globally in vogue, provide for screening and pre-emptive quarantine of the suspected patients generally manifested by paraxia (fever, influenza etc), besides commissioning of special Fever Hospitals at isolated places.
“Special vigil at Airports, Railway and Bus terminal is generally advised as a mode of preventive measure for identifying the victims and the carriers of the disease. Under the precarious conditions, the Health Department is under an obligation to adopt and promote the preventive measures in a concerted manner, lest to render the spread of the epidemic inevitable”, read the PIL
It has been further added that the crowded places like schools, hospitals, public utility centers including courts require special attention on sanitization and taking such measures to sieve off the infected people. The Government is under an obligation to develop infrastructure for keeping in readiness the Personal Protective Equipments for the medical and para-medical staff.
The ground of filing of the instant PIL has been taken that the Government is bound to act expeditiously lest to expose the people to the vagaries of a dreaded epidemic and the Article 47 makes improvement of public health a primary duty of the State. “Courts must enforce this duty against a defaulting authority. The Article recognizes the improvement of public health as one of the primary duties of the State”, read the ground taken in the petition.
Petitioner apart from seeking taking of effective preventive measures to combat the epidemic of Coronavirus also sought to formulate a policy laying the infrastructure for the comprehensive prevention, control and treatment of the pandemic of Coronavirus and to set up special Fever Hospitals and isolated treatment centers managed by specially trained medical and para-medical staff and setting up special screening system for the detection of suspected or infected persons at airports, bus and railway terminals across the Territory.