Thread by @barandbench

Bench of Justices Ashok Bhushan, Subhash Reddy and MR Shah to shortly hear its suo motu case concerning fire tragedies in COVID-19 hospitals across the country in the wake of two such incidents in Rajkot and Ahmedabad
#SupremeCourt
#SuoMotu
#RajkotFireTragedy

Hearing begins

Justice MR Shah: The affidavit does not sat which hospitals have Fire NOCs. It only says we are flowing this and that. They are citing 2016 information

SG: that is why I am saying the picture is not as rosy as it seems.

SG: Gujarat has done this..

Justice MR Shah: No they have not. Have you shown which number of Covid hospitals have the safeguards?

Justice MR Shah: 16 notices were sent to the Rajkot hospital itself but nothing was done about it

Solicitor-General cites the Gujarat affidavit and says this is how every state must file an affidavit.

SG: 328 dedicated COVID hospitals in the state of Gujarat has all needed fire safety measures. Fire safety audit committee was formed only for covid hospitals. Same audit is being conducted to observe major fire safety requirements.

Justice MR Shah: out of 214 private hospitals, 62 has no NOC. This is regarding fire safety audit..

SG: we are not saying everything is hunky dory

Justice Shah: if NOC is not there then how can fire safety norms be complied with

SG: We can shut down these hospitals as we need more facilities for COVID patients

SC: We are not asking you to shut down.

We direct other states to file replies too to show that fire safety audit report is carried out in COVIF hospitals. Nodal officers to be appointed too

Justice MR Shah: Who are the nodal officers? Some NGO etc?

SG: some one who is accountable and responsible

SG: I will clarify whether they are government persons or certain authorised individuals.

SG: In government they are government doctors or officers. In private they are private individuals belonging to the same hospital.

Justice Bhushan: What about implementation of mask wearing protocol and social distancing measures?

SG: only fines can be a deterrent

Justice Bhushan: crores have been collected by the state as fine?

SG: State of Gujarat has collected 80 to 90 crores as fine.

Justice Shah: is it not shocking??

SG: Rs 500 fine is not a deterrent enough fine

Justice Reddy: marriages are being conducted on large scale

SG: in Gujarat the auspicious days are over

Justice Shah: For NRI's there are no auspicious days

#courtroomexchange

Counsel cites how election rallies are being conducted in Assam and how the election commission guidelines have to be followed

SC: What are those guidelines?

Solicitor-General says all such guidelines of the Elexction Commissiom would be followed

Solicitor-General Tushar Mehta states a similar order like Gujarat HC imposing community service mandate for violation of social distancing and mask protocols has been passed by Allahabad HC. An appeal has been filed. SG seeks permission to circulate

SC: Okay, do that

Justice Bhushan: doctors are working without any break

Justice Shah: They are doctors not poppers. They have studied for months. You must give them a break after continuous service.

SG: We will take this into account.

Supreme Court: List on Friday for orders.

#SupremeCourt