Thread by @barandbench

#Gujarat High Court to hear case registered Suo Motu taking note of the #COVID19 management in State.

Hearing before Bench of Justices Bela M Trivedi and Bhargav D Karia.

#COVID19India

Advocate General Kamal Trivedi to appear for State.
Senior Advocate Mihir Joshi to appear for corporation authorities.
Senior Advocate Percy Kavina to appear for Gujarat High Court Advocates Association.

#COVID19India

Hearing begins.

Court: There are two sets of petitions - one is fire safety measures, then COVID.

We will take fire safety first.

#COVID19India #COVID19

Since the bench is specially constituted for hearing the matter and they are hearing the matter for the first time, the Bench is trying to figure out the pleadings filed and to be filed.

#COVID19India #COVID19

Amit Panchal, petitioner in person reads out the prayers in his application.

Court asks why are particular municipal corporations not made party to the proceedings.

Panchal submits that the State government has issued directions through the Urban Development Dept.

Panchal: There was an enquiry into the fire incident. The state has admitted in the report that they were aware of the lapses in the hospitals.

Court: The State is overall responsible no doubt, but the immediate responsibility also lies with the municipality.

Panchal: When some hospitals were found to be lacking in safety measures, they were removed from the COVID designated list and then when there was a surge in cases, they added those hospitals back in.

Court: Probably they thought there was an old and a new building.

Court: They thought the old building had NOC and they were not aware the building was being run as COVID hospital which is hard to believe!

Panchal: This is the 7th incident. While I am speaking there is an incident in Surat.

Court: Yes, somebody has to be held accountable. Any normal prudent human would be shocked by this!
Just forming Commissions will not solve the problem.

AG Trivedi: My Ld friend is appealing to your emotions. It is fine. But the ones who are silent are not unconcerned.

Trivedi: There is no question of keeping report in wraps. There is a lot of efforts required to make a report, it is a little time consuming.

Trivedi: Why the municipality should be made a party is, because there was an affidvait filed. .

Court: We have read your affidavit. But then what do we do about this?

Trivedi: We will have to investigate to find out who is at fault..

Court: You will find the person, you will find him, hang him, punish him, whatever.. But what are you going to do about such incidents? To prevent such incidents?
This amounts to contempt of the orders passed since the past 20 yrs.

Trivedi: Milords but then we will have to find out who is responsible for this..

Court: How was the State not aware of such hospital?

Trivedi: It started operating as a COVID designated hospital..

Court: How can a hospital be a COVID designated hospital without informing the State?

Trivedi: This particular hospital did not.

Court: Then how do you maintain statistics of the COVID patients getting admitted and etc.

Court: And we are concerned about all hospitals, not just COVID hospitals .

Trivedi: Yes of course, all lives are important.

Court grants time to other respondents in other applications to file their responses and applicants are given time to file rejoinder to the replies.

We will keep these matters on May 25.

Adv Rustom Marshall appearing for an applicant submits that his application pertains to a question of having a hospital in a residential building.

Adv Mihir Thakore appears for 5 sealed hospitals submit that there are several hospitals which have been sealed for this reason.

Thakore: It is a reality that there are 100s of hospitals which are being operated in residential buildings in Ahmedabad. There was a public notice which permitted them to regularise such buildings. But they have only sealed 5 hospitals so far.

Thakore: They are also right in a way. If they seal every building then the medical infrastructure may come to a halt.

Panchal: The law should apply to all equally and it has be followed. In the order of July 2000, the High Court had held the commissioner responsible.

Court: OK, reserve your arguments for the main matter.

Court records the submissions made by the lawyers.

Court directs the municipality to be added as party to the petition. Notice is issued to them. They are directed to file reply.

All fire safety matters are listed for hearing on May 25, 2021.

The Court is now hearing the matters pertaining to COVID management.

Court: Before we begin, let us say this (to the Govt Pleader) - we are disappointed with the manner in which affidavits were sent to our houses.
The affidavits were lose pages, not paginated, tagged.

Court: Also they cannot be sent to our house every time. They have to be sent to our office. And if to our house, then the AGP has to accompany them at least. Kindly note this for the next time.

Adv Kavina seeks for a short adjournment for the reason that they received State’s reply only 12 hours before the hearing.

Kavina: Please post this hearing by a couple of days.

Trivedi: Let this go on Friday, as Thursday the Supreme Court is hearing the Suo Motu matter.

Trivedi: The GP and myself will be instructing the SC lawyers back and forth.

Adv Shalin Mehta appearing for an intervenor submits that if it is convenient for the Bench, then they can sit on Friday even if holiday, since it is vacation.

Kavina: Let us not have them point fingers at us for keeping the hearing on Eid. Kindly keep the hearing on Monday.

Mehta requests the court to consider if marriages can be postponed by 15 days to #BreakTheChain of COVID.

Mehta: If possible and without being misunderstood even number of people attending funeral and weddings can be reduced.

Court: Yes absolutely we agree.
(To AG) There is substance in Mehta’s submission - why do we need so many people for marriages and funerals. It is too much.

Mehta: And especially for a COVID death!

Mehta: I believe 50 and 20 for marriages and funerals is super spreaders.

Trivedi: I agree for marriages. But for cremations we have been getting representations that if SOPs are followed let us allow people. SO we fixed it to 20..

Court: You take your call, but then do something about the numbers.

Govt Pleader: There were suggestions given to me by Mr. Kavina.

Kavina: I prefer taking minor issues to the lawyers directly.

Court: Yes we are on the higher issues of hygiene in hospitals etc.

Kavina: Let me be honest - Indians are bad at keeping their toilets clean..

Court: This is the problem in foreign countries too. Human minds work the same everywhere. Let us not blame ourselves like that.

Kavina: We will make a chart with all directions - what are complied with, what is to be complied with and what steps are in place for compliance.

Panchal: However we should not be stopped from raising facts. This is not blaming the authorities. It is only for facts.

Court: We are also not considering this to be an adversarial litigation.

Adv Poddar seeks to intervene in the matter and seeks for a reply on the application.

Court: We are not going to direct reply for every application. You are not even made a party.

Court: In any case, you are not made a party. Your application is more or less covered by the main petition.

Another advocate mentions an intervention application.

Court: We are not going to entertain all applications now. You send your suggestions to Mr. Kavina. We don’t care who is approaching the court - MP or MLA.

Kavina: We are only assisting the Court in analysing the information which comes to the Court.

Kavina: We are not suggesting policies.

Court: Neither are we. And we have personally gone through all applications. Most of them have repetitive prayers. There is no question of hearing them again.

Hearing ends.

Matter placed for hearing on May 17.