Excelsior Correspondent
Srinagar, Apr 29: The High Court today sought reply from the Government on the issues including ensuring provisions of care to families of health staff engaged in COVID-19 management and their safety against violence and action plan after removal of lockdown.
The Division Bench of Chief Justice Gita Mittal and Justice Rajnesh Oswal said the court has not received any report from the Government on important issues like removal of lockdown -desirable public response and provisions of information.
Secretaries of Health and Medical Education, Social Welfare Department, Director Information and Secretary JK State Legal Service Authority have been directed to take appropriate action on the issue and comply positively the court direction by submitting the action plan on next date of hearing in the matter.
Addressing the issues of safety, care, health and violence against healthcare professionals and clinical establishments a legislative frame work was required to be brought into. Court has been informed by the counsel appearing for Central Government that an Ordinance “The Epidemic Disease (amendment) Ordinance 2020” has been promulgated on April 22. Court directed the counsel to place the copy of the Ordinance before it on next date.
Court on previous hearing had directed for filing of objections and concerns of the Home Ministry to the Draft Bill of ‘Health Service Personal and Clinical Establishments Prohibition of violence and Damage to Property’ Bill, 2019′ which had been proposed by the Ministry of Health and Family Welfare. DB directed the Ministry of Home Affairs to place on record its objections to the said issue.
On the lack of efficient internet facility in both UTs, Court has been informed that for the Union Territory of Ladakh, the internet facilities are fully functional confirming that the internet facility is fully functional in the J&K UT. Court has also been informed that two writ petitions on this issue are already pending in Supreme Court for consideration. “In view of the matter pending before the Supreme Court of India, we close our consideration of this issue in this writ petition”, DB recorded.
On the issue of welfare of stranded migrant labourers and visitors, Court has received a report filed by Divisional Commissioner Jammu submitting therein that there are no stranded tourists in districts of Jammu. However, with regard to migrant labourers, Court has been informed that Deputy Commissioners are personally attending to the requirement and needs of these labourers and they are being fulfilled by providing them all necessary assistance and food.
“It is confirmed that there is no reported distress or nutritional crisis. Apart district administration, efforts of the regional and district red-cross societies and volunteers are being utilized for handling grievance and distress promptly and efficaciously”, the Divisional Commissioner confirmed.
The Divisional Commissioner Kashmir has not filed his report on this issue as he was directed. “Let a report be filed by Divisional Commissioner Kashmir before the next date of hearing”, the DB directed and asked the civil authorities to continue to ensure that there is no distress to any of these persons.
On the issue of availability of safety equipment to health care professionals, a report has been filed by Additional Secretary to Government H&ME department informing the Court that there is no storage of technicians for carrying out COVID-19 testing in J&K and the guidelines issued by MOH&FW and ICMR from time to time are strictly followed.
The capacity of testing, he submitted, stands increased from 100 to 700 tests per day and is expected to increase to 1000 per day. “COVID-19 testing facilities have been made available in five laboratories and the matter is being reviewed under the Chairmanship of Financial Commissioner, H&ME department” he added.
He also informed the Court that purchase orders to set up RT-PCR labs in New Medical Colleges at Anantnag, Baramulla, Doda, Kathua and Rajouri stand placed and existing labs, RT-PCR machines on loan have been ordered from Universities of Jammu, Kashmir and SKUAST-Srinagar.
HC denies bail to Qayoom
The High Court today denied bail to Bar Association President Mian Abdul Qayoom as the authorities informed the Court that the High Powered Committee has taken a view on his release but the detenue is not covered in the guidelines issued by the Supreme Court.
The Division Bench of Chief Justice Gita Mittal and Justice Rajnesh Oswal was hearing the application of Qayoom seeking his shifting from Tihar Jail to Delhi at his residence or granting him bail in view of ongoing pandemic.
Both the prayers were not considered as the Court has been informed that the High Power Committee on his release on parol has taken a view and submitted that the release of PSA detenue is not covered in the guidelines issued by the Supreme Court and therefore the request of the applicant for release cannot be considered by it.
With regard to shifting him to his residence at Delhi in view of his health condition, Court has been informed that regular medical checkups of the detenue are being ensured. In this regard, attention of the Court has been drawn to the Medical Board constituted consisting of departments of Cardiology, Endocrinology, Urology and Hospital Administration by the Medical Superintendent AIIMS New Delhi to examine the detenue.
Court has been informed that all necessary tests in the required disciplines were conducted upon Qayoom by the Board which has opined that the applicant does not require hospitalization and can be treated for his ailments in Jail Hospital or at the first referral Centre.
Qayoom who appeared through video conferencing before the Court submitted it is correct that he is being treated at AIIMS but on account of the COVID-19 lockdown, he cannot be taken to the said hospital and is being treated in the jail facilities.
On the other hand, the Superintendent, in his report, confirmed that the general condition and vitals of the applicant were stable and satisfactory and that he is under regular treatment and follow-up from the doctors on duty and Senior Residents from the discipline of Medicine, Ophthalmologist, Orthopedics as well as specialist at AIIMS and all prescribed medications are regularly being provided to him.
“In view of the above and having heard Qayoom in person, we are satisfied that his medical health is being fully taken care of and his requirements to enable him to keep the fasts during the month of Ramazan as well as his medical health is being fully looked after by the authorities of the Tihar Jail”, the DB recorded.
Court directed the Jail authorities to continue to ensure that all medical treatment is provided to Qayoom and also such tests as are medically advised are duly provided keeping in view his fragile state of health especially regarding his kidney and cardiology problems.
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