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| Division bench hears PIL pertaining to spread of COVID-19 in J&K | | Issues slew of directions, directs officials, others to respond | | Early Times Report
Jammu, Apr 17: A Division Bench of J&K High Court comprising Chief Justice Gita Mittal and Justice Rajnesh Oswal on Friday issued a slew of directions to J&K government. The Division Bench heard the Public Interest Litigation pertaining to spread of COVID-19 in J&K Union Territory through video conferencing and video calls.
Advocate Ateeb Kanth pointed out that report filed by the Health Department states that only 157 technicians are available due to which insufficient sampling is being undertaken. Kanth submitted that despite the Government stand that 50,000 travellers have entered into J&K, only 4,000 people have been tested for COVID-19.
The DB directed Chief Secretary of J&K UT as well as Secretary, Health and Medical Education to examine the issue urgently. The Division Bench further observed that a report has been filed by Monika Kohli, Amicus Curiae. “However, the same was received only this morning. The report requires to be examined. We have noted in our order that 19 States and 3 Union Territories have framed serious legislations addressing this issue,” the DB said. Kohli has submitted that the stand taken by the Ministry of Health and Family Welfare, Government of India in these proceedings is most unfortunate and insensitive. Kohli pointed out that healthcare professional are being subjected to extreme violence in a spate of incidents all over the country.
The Division Bench observed that 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. The DB directed Vishal Sharma, ASGI shall file the concerns and objections of the Ministry of Home Affairs on the said Bill. The DB further observed that in view of the above, it is necessary to have the stakeholders before us. It 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.
The DB further observed that a report dated 15th April 2020 has been filed by Shailendar 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 affected.
The DB directed the Secretary, General Administration Department to inform the court about 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.
The DB further observed that the Darbar Move entails loss of several working days. It directed the Secretary/Commissioner, Finance Department to place before the court an estimation of the salary bill for one week of the staff which is involved in the Darbar Move.
The Division Bench observed that large number of migrant and contract labourers and visitors are stranded in different locations in the UT. The DB directed the Divisional Commissioners of Jammu and Srinagar to submit a report about locations of such persons and the measures which are being undertaken to ensure that needs of these stranded persons are being fulfilled.
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