Delhi High Court issues directions to various Authorities including the Government, AIIMS and District Magistrate on a Plea addressing the Grievance of Non-COVID Patients

Must Read

Madras HC Reaffirms Trial Court’s Decree in Case of Thimmaraya & Ors. V. Gowrammal

A Civil Revision Petition was filed by three petitioners against the dismissal of their application on the file of...

Delhi High Court Disposes Ashok Arora’s Appeal Against Suspension From Supreme Court Bar Association

In the present Petition, Senior Advocate Ashok Arora challenged an Order passed by a Single Judge bench. The Order...

Allahabad High Court Dismisses Application To Quash Prima Facie Allegations of Criminal Intimidation and Outraging Modesty

Allahabad High Court, on 17th November 2020, dismissed an application filed under Section 482 of Cr.P.C. and refused to...

Delhi High Court Prohibits Gathering in Public Places To Celebrate Chhat Puja

The Order had come in a Writ Petition moved by Shri Durga Jan Seva Trust. The Petition sought to...

Bombay High Court Directs State To Pass Tribe Claim Within Two Weeks, Refuses To Intervene on Merits of Claim Itself

The Division Bench of Bombay High Court consisting of Justice S.S. Shinde and Madhav Jayajirao Jamdar passed an order...

Kerala High Court Dismisses Petition by Allocating Respondent To Vacancy in IFS Cadre

On 16th November 2020, the Division Bench at Kerala High Court, consisting of Honourable Justice A.M. Shaffique and Honourable...

Follow us

On May 8, the division bench of Justice Vipin Sanghi and Justice Rajnish Bhatnagar directed various authorities to take action as the matter concerns non-COVID patients who are under treatment.

Observation of the Court

Advocate Darpan Wadhwa who is appearing on behalf of the petitioner raised four contentions-

First contention

The petitioner said that the persons housed in the night shelter were supposed to be shifted to Gargi School. However, only 76 persons were shifted, and the remaining 74 persons remain at the night shelter. Additionally, social distancing norms are not maintained in the aforementioned location.

The learned standing counsel Rahul Mehra, for the Government of NCT of Delhi (GNCTD), points out that they have already filed a list of hospitals that are offering free non-COVID treatment. Advocate Mehra submitted that out of 37 hospitals administered by them, only 2 have been converted into exclusive COVID-19 facilities. The remaining 35 hospitals continue to provide treatment to non- COVID-19 patients irrespective of their place of residence.

The court directed Advocate Mehra representing GNCTD to serve the petitioner and other counsels in the matter the list of the rest 35 hospitals providing treatment to non-COVID patients.

Second contention

The petitioner has also contended that the persons shifted to Gargi School are not able to afford transport to AIIMS to receive treatment. He points out that at Radha Swami Satsang facility at Bhati, the DTC has made available transportation and a similar facility may be provided at Gargi School.

Advocate Chauhan, who appears for Delhi Urban Shelter Improvement Board (DUSIB) stated that they have been providing two types of accommodations. Namely, tents – which are erected on the footpath opposite AIIMS, and night shelters – which are semi pucca structure equipped with toilet facilities.

He specified that the tented accommodation was created to deal with extremely cold conditions, and it is not habitable in summer. This is why the occupants of the tents have been shifted to Gargi School.

He concedes that there is no maintenance of social distancing norms in the shelters due to high occupancy. Therefore, it may be necessary to shift about 100 occupants wherever they can be accommodated.

Advocate Mehra submitted that the facility at Radha Swami Satsang is managed very well.  He would also instruct the District Magistrate-South to consult with Radha Swami Satsang to take more inmates if capacity permits.

Advocate Varma representing AIIMS said that they need to check whether some of the inmates can be accommodated within the Vishram Sadan of AIIMS. As they are receiving treatment at AIIMS, it would be more convenient if they are accommodated therein.

The court also asked the respective counsels to show the availability of the facilities on the next date. It also directed the District Magistrate-South to make transport available to the inmates at Gargi School so that they could receive treatment at AIIMS.

Third contention

Advocate Wadhwa referred to para 2(c) of the AIIMS status report wherein they have stated that the further treatment of urgent and non-urgent patients would be coordinated by forming batches. Advocate Wadhwa points out that this statement requires clarity as to how exactly the issue will be dealt with.

The court affirmed the petitioner’s submission that this statement of AIIMS requires clarity. It is not clear as to how exactly AIIMS would be providing the treatment at Gargi School or night shelters. Hence, the court asked AIIMS to file a better status report in this regard before the next date with copies to other counsels.

Fourth contention

The petitioner lastly remarked that though GNCTD is providing food, the same does not meet the needs of some patients. This is because they require a semi-solid or liquid diet due to their specific medical condition.

Court’s Decision

The Delhi High Court directed the District Magistrate-South to look into this aspect and provide patients at Gargi School or night shelter with a special diet (semi-solid or liquid) as required.

The Division bench will hear the matter again on May 14, 2020, with the implementation of all the issued directions.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

1 COMMENT

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Madras HC Reaffirms Trial Court’s Decree in Case of Thimmaraya & Ors. V. Gowrammal

A Civil Revision Petition was filed by three petitioners against the dismissal of their application on the file of the Sub-Judge, Hosur. The case...

Delhi High Court Disposes Ashok Arora’s Appeal Against Suspension From Supreme Court Bar Association

In the present Petition, Senior Advocate Ashok Arora challenged an Order passed by a Single Judge bench. The Order held that Mr Arora had...

Allahabad High Court Dismisses Application To Quash Prima Facie Allegations of Criminal Intimidation and Outraging Modesty

Allahabad High Court, on 17th November 2020, dismissed an application filed under Section 482 of Cr.P.C. and refused to quash the charge sheet (dated...

Delhi High Court Prohibits Gathering in Public Places To Celebrate Chhat Puja

The Order had come in a Writ Petition moved by Shri Durga Jan Seva Trust. The Petition sought to quash and set aside an...

Bombay High Court Directs State To Pass Tribe Claim Within Two Weeks, Refuses To Intervene on Merits of Claim Itself

The Division Bench of Bombay High Court consisting of Justice S.S. Shinde and Madhav Jayajirao Jamdar passed an order on 17th November 2020 in...

Kerala High Court Dismisses Petition by Allocating Respondent To Vacancy in IFS Cadre

On 16th November 2020, the Division Bench at Kerala High Court, consisting of Honourable Justice A.M. Shaffique and Honourable Justice Gopinath. P heard the...

AP High Court: If an Auction Is Conducted by a Cooperative Bank, the Property Ceases to be Property of the State

A single-judge bench consisting of honourable justice Ninala Jayasurya gave orders on the writ petition filed by the petitioner. The petition challenges the action...

Madras HC Rules in Favour of the Authorities in FMGE Examination, Finds Writ Petitions Against the Exam Void of Merit

Three aspirants of Foreign Medical Examinations moved to the High Court by filing a Writ Petition under Article 226 of the Indian Constitution. They...

Hong Kong High Court Rules for Independent Mechanisms To Be Set up To Deal With Complaints Against Police Officers

The present suit was brought by a journalist association because of the police brutality that the protestors faced in the protests against the China...

Madras High Court Maintains That Government Policy Is To Prioritize Own State’s Candidates and Sets Aside Nativity Certificate Rejection Order

Varsha Totagi, a NEET aspirant filed a Writ Petition under Article 226 of the Indian Constitution. She had been denied Nativity Certificate without which...

More Articles Like This

- Advertisement -