Order on felling of poplar trees kept in abeyance
Excelsior Correspondent
SRINAGAR, Apr 11: The High Court today directed the J&K Government to submit the status report with regard to availability of COVID-19 test kits and ventilators.
The direction followed after the Court was informed that there are deficiencies in the availability of the test kits and ventilators for the infected persons with COVID-19 in the J&K Union Territory.
Court has been informed by the assisting counsel Faisal Qadri in the PIL that an NGO ‘Athrout’ has offered six ventilators to GMC Srinagar which have been refused.
“Let Secretary, Health and Medical Education ascertain the circumstances in which these ventilators were refused, if the same were offered and the issue will be considered on next date”, Division Bench of Chief Justice Gita Mittal and Justice Rajnesh Oswal directed.
Attention of the Court has also been drawn to the status report of H&ME department as there is no reference to the sufficiency of availability of test kits and ventilators in J&K UT. Court was also informed that the welfare of pregnant women, neonates and infants has to be specially taken care of.
Senior counsels Altak Naik and K S Johal expressed difficulties being faced by these categories of persons on account of insufficient facilities being available for them as also lack of information as to how they must proceed for medical assistance and vaccinations.
The DB directed the Secretary H&ME department to look into this issue and put out a protocol if not in place. “In any case, adequate publicity be given to the manner in which these categories of the population would be looked after”, the DB said.
High Court also sought the details of expenses and accommodations for the previous two Darbar Move incurred on employees and kept in abeyance the directions, if any, passed earlier with regard to felling of Russian poplar trees.
Director Information has been directed to facilitate giving wide publicity to all the protocols. Court also directed the Secretary GAD Union Territory of J&K to provide details of the Government officials at all levels who were involved in the four Darbar Moves in the year 2018 and 2019. “The information be provided in the tabulation with also the total figures”, the Court directed.
In this connection, Secretary of Finance Department has been directed to provide in a tabulation form, setting out move-wise categories and heads and figures of the finances incurred on the four Darbar Moves for these two years.
He has also been directed to provide the details of the financial benefits, temporary move allowances admissible to the employees as also the financial expenditure on these counts for these two years. Director General of Police has been directed to provide the details of the police personnel who were involved in providing security cover to the personnel involved in the move for these two years.
“The DGP shall also provide the number of police personnel who have been detailed on COVID-19 related issues and duties in Srinagar. Secretary, Estates department shall provide details of the accommodations belonging to it as well as that which was hired houses, hotels, guest houses for providing accommodation to the personnel involved in the Darbar Moves in these two years and expenses which were incurred in hiring facilities for making available accommodation to the Move-employees”, the DB directed.
Secretary Estates has also been directed to submit a report with regard to current status of the Hotels and Guest Houses and residential facilities which are used for housing personnel on the Darbar Move. Registrar General of High Court has been asked to place a report on relevant aspects of Darbar Move of Court staff.
These directions followed after the court was apprised with regard to recent decision of Government of Darbar Move. Court has been informed that effecting the Move of Civil Secretariat at this stage would be at a huge expense which is completely unwarranted and results in unnecessary squandering of financial resources of the Government.
It has been submitted before the court by Advocate Shafkat Nazir that because of its nature there is possibility of persons moving carrying infection. Advocate Faisal Qadri submitted before the court that the security personnel who are critically needed for COVID-19 functions and deployments as also transport vehicles, would needed to be withdrawn for providing security to the Government personnel, securing VIPs and important persons who would all shift to Srinagar.
“In order to enable as considered view to be taken, it is necessary to have firm information with regard to the implications of the Darbar Move in these times”, Court said.
Court felt it necessary to deal with the issue of felling of female poplar trees saying it needs to be revisited before these trees are felled and directed the Chief Secretary of J&K UT to constitute a committee within four days, headed by Principal Chief Conservator of Forests and other experts on trees, medicine, respiratory diseases and other subjects relevant to this issue.
Court directed the committee to examine all aspects relating to the matter including the impact of the pollen and fluff from the poplar trees, the desirability of felling poplar trees (Russian Poplar) and suggest all necessary steps including felling of trees.
“The secretaries of Health and Forest departments shall thereafter take a considered view on the report of the Committee and place the same before the Chief Secretary for consideration at the earliest”, Court directed.
Court has made it clear that on previous hearing it had left the decision and action on the issue to be taken by the H&ME department and no direction of felling these trees was passed. “We today direct that any prior order directing felling of the poplar trees would be kept in abeyance till the proceedings of committee are completed and placed before the court.
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