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PILs Allege Non-Covid19 Patients Refused Treatment By Hospitals; Bombay HC Seeks State & Centre's Reply [Read Order]

Nitish Kashyap
24 April 2020 8:32 AM GMT
PILs Allege Non-Covid19 Patients Refused Treatment By Hospitals; Bombay HC Seeks State & Centres Reply [Read Order]
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The Bombay High Court on Thursday while hearing a batch of PILs contending that hospitals in the city are turning away non-covid19 patients, directed the state and the central government to take the issue seriously and come up with effective solutions for the same in their affidavits.

Justice KR Shriram heard the PIL filed by one Mehrwan Farshed in-chamber and directed the order passed in the same applicable to the other two PILs, one filed by Dayanand Stalin and the other was filed by Mutahhar Khan.

All the three PILs raised similar issues about patients unable to get medical attention in a non-Covid19 situation and seek directions to hospitals to provide adequate facilities for treatment of non-coronavirus patients.

Khan's PIL refers to several news reports stating that many hospitals in Mumbai have singularly dedicated all their facilities in combating the pandemic of Covid-19. Hence, they refused to treat patients suffering from any other ailments, even those who approached the emergency or casualty department resulting in a few fatalities, the plea states.

Moreover, petitioners have also sought directions from the Court to ensure hospitals in the city treat patients other than those infected with Covid-19. A list of such hospitals should be made available to the general public, the PIL states.

Senior Advocate AY Sakhare appeared on behalf of the Municipal Corporation and submitted that this is a serious issue which requires immediate attention. He assured the Court that he would advise the Corporation suitably and an affidavit in response will be filed by April 29, 2020. Sakhare suggested that if petitioners have any valuable suggestion to make, they may address a communication to that effect to the Senior Law Officer of the Corporation.

Senior Advocate Gayatri Singh appeared for Mutahhar Khan and Gaurav Shrivastav for Mehrwan Farshed.

Appearing for the Union of India, ASG Anil Singh contended that the subject matter of this petition, along with other larger issues is also under consideration before the Supreme Court of India.

Court observed-

"In my view, this is also a matter which the State and Central Government should be concerned with and therefore, petitioners may address their communications with suggestions, if any, to the Health Secretary of the State Government at Mantralaya and to the Ministry of Health and Family Welfare in the Central Government.

I would expect the concerned to take these petitions very seriously and come with an effective solution in their affidavits. Other respondents may also give their suggestions to the Corporation/State Government/Central Government."

The matter was adjourned and will now be heard on April 30

Click Here To Download Order

[Read Order]

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