Allow Cookies!
By using our website, you agree to the use of cookies
Supreme Court Directs Centre, States/UTs To File Affidavit Showing Compliance Of Directions: COVID-19 Suo moto case
The court’s hearing on 27th July commenced with the judges observing that most of the states had failed to file a response to the directions which had been given by the Court vide their judgment dated 19th June. The bench further wanted to know if the directions had been complied by the Centre as well as the States, as the centre had not provided any details of compliance.
It was also observed by that court that the affidavit filed by the center did not give the details of obedience in accordance with the slew of directions passed by it on June 19. Therefore the Supreme Court has directed the centre to file a fresh and detailed affidavit within two weeks to have a look at the steps that have been taken in the execution of the directions issued by the court on 19th June 2020.
“An affidavit has been filed on behalf of the Union of India, which does not give the details of compliance of the directions except that orders have been issued to comply with the directions. Mere direction to comply with the directions is not enough. The steps taken towards compliance of the directions have to be brought on the record", stated SC in the order.
The directions were given in the suo moto case named “In Re: Proper Treatment of COVID-19 Patients and Dignified Handling of Dead Bodies in the Hospitals, etc” by a bench comprising of
Justices Ashok Bhushan, R. Subhash Reddy, and MR Shah. The further went on to direct the states which had not filed their replies, to file a suitable compliance report within two weeks.
In reply to the hearings on 27th, Solicitor-General Tushar Mehta submitted to the Court that time was required to file a proper reply. Accordingly, the court granted the Centre and the states two weeks to file a suitable compliance affidavit.
The bench ordered, "The State Governments / UTs have not filed affidavits giving details of compliance of various directions issued by this Court on 19th June 2020. We are of the view that the Chief Secretaries of the States have to take steps to ensure that directions issued by this Court in an order dated 19th June 2020 are complied with. An appropriate compliance report is filed. We grant two weeks to the States / UTs to file an appropriate compliance affidavit. The Union of India may also file a detailed affidavit within two weeks giving the details of the various compliance of the directions which were issued by this Court”
The apex court had taken suo moto cognizance of reports of alleged mishandling of coronavirus affected dead bodies and also the ill-treatment of COVID positive patients. Notice regarding the same was issued to the Union of India, NCT of Delhi, States of Maharashtra, West Bengal, Tamil Nadu, and Gujarat, as well as to LNJP Hospital in Delhi. To enable the court to give appropriate directions, it sought to bring the status reports with regard to government hospitals, patient care, and the details of the staff, infrastructure, etc. before it.The Supreme Court after taking into consideration the status reports issued multiple directions and guidelines on subjects of patients' care, hospital management, testing, infrastructure, and precise implementation of it.
Inter alia, the SC directed the Ministry of Health and Family Welfare to form an expert Committee to inspect, supervise and issue necessary directions to all hospitals in NCT of Delhi.
86540
103860
630
114
59824