Thread by @barandbench

Justice DY Chandrachud led bench of #SupremeCourt to shortly hear its suo motu case regarding Proper Treatment of Covid 19 Patients and Dignified Handling of Dead Bodies in the Hospitals
#covid19

Sr Adv Dushyant Dave appears

Sr Adv Maninder Singh seeks two weeks time to file a reply

Dave: Our family members have died in most unfortunate scenario in Gujarat. State has failed to take measures and its an abject failure on their part. All hearings before the commission was virtually but was of no help. This report will have no sanctity then.

Sr Adv Dave: These hospitals in Gujarat were started in residential buildings. ICUs were at a place where it was impossible for fire tenders to reach and no mechanism for fire safety

Justice Chandrachud: there was an audit on fire safety measures to be conducted and non compliance was not permitted. What have you done?

Sr Adv Singh: I will put this in affidavit

Justice MR Shah: we cannot allow this everytime a case cannot be adjourned

Justice Shah: 40 hospitals in Gujarat were held liable and they came to High Court. Later government order was that no action should be taken against hospitals for violation of fire safety. such an order is a contempt of this court !!

Justice Shah: we had ordered one nodal hospital be appointed for every COVID hospital. Then fire audit once in a month was ordered.

#SupremeCourt

Justice Shah: Solicitor General Mehta please look into this, It is a very serious issue. How can government pass such an order that no action will be taken against hospitals??

Sr Adv Dave: I appeal to SG Mehta's heart. Immediate steps were assured will be taken.

Justice Chandrachud: once there's a mandamus is there it cannot be overridden by an executive notification like this! You now give a carte blanche and say hospitals doesn't have to adhere till 2022 and people will continue dying and be burnt

Sr Adv Dave: we spent nearly 17 lakhs for my brother who was battling with COVID and yet we could not save him. people have gone bankrupt and they are insolvent. Mr Mehta can take effective measures in this regard.

Justice Shah: you are briefed inaccurately Mr. Singh

Justice Chandrachud: we want the state to respond. we will not countenance for the executive to work around the direction given by us. This is unacceptable.

Sr Adv Singh: its not about state not wanting to comply with the order in letter and spirit. The state will never make any attempt to wriggle out

Justice Shah: its there in newspapers. somebody must be instructing you. Please ask her

Sr Adv Dave: husband of the victim had clarified that fire safety measures were not in place. state fought tooth and nail against us in the high court. please look at Advocate General's ferocious statements in the high court.

Justice Chandrachud: apprise me what is the notification about?

SG Mehta: i too came to know about it for the first time.

Sr Adv Manisha Lavkumar: some permissions like margin space etc could not be rectified so it was said let the hospitals operate during COVID and we make sure that all compliance is taken.

Justice Chandrachud: screen share it with us

Sr Adv Manisha Lavkumar: I do not have it off hand.

The notification has been screen shared with the bench

Justice Shah: protection is till?

Adv: June 30, 2022

Justice Shah: so you will not do anything till then?

Sr Adv Singh: this is only with regard to building use

Justice Chandrachud: we will ask for a justification how was this order issue in face of December 2020 judgment of this court

Justice Chandrachud: By December 18, 2020 judgment of this court, all states were directed to appoint nodal officers in each hospital to ensure fire safety norms are followed. COVID hospitals who don't have noc from fire department appropriate action was to be taken

Justice Chandrachud: on July 8, 2021 gujarat government passed a notification. state of Gujarat to explain why this notification was brought into force and be brought on record.

Justice Chandrachud: Prima facie we have to consider this. We have to consider if this is in breach of the judgment of this court

SC: State of Gujarat shall also file before this court a comprehensive statement showing audits which were conducted in pursuance with December 2020 judgment of this court regarding fire safety

Justice Chandrachud: Sr Adv Dave states another SLP is pending before this court and issues here may have a bearing in the same. We direct this SLP be placed before the Chief Justice on the administrative side and list it before appropriate bench.

SG Tushar Mehta: Mr Dave is more on individuals and i am on the issue

Sr Adv Dave: everyone knows who is on what. you can attribute anything to me

Justice Chandrachud: please maintain equanimity in this court

Justice Chandrachud: one patient who recovered from COVID and was to be released the next day and he burnt alive. Two nurdes also died. these tragedies have unfolded in front of our eyes. These hospitals are real estate industry or service to humanity?

Justice Shah: if measures are given by the commission please see that the recommendations are implemented

Justice Chandrachud: hospitals have become large industry now based on human distress and we cannot prosper them at the cost of lives. let such hospitals be closed

Justice Chandrachud: Let not such hospitals operate in buildings with four rooms etc.

Justice Shah: let not the impression go that state is shielding such hospitals.

#supremecourt

Matter to be taken up after two weeks.

Justice Chandrachud: put your house in order. What is this report in sealed cover by commission etc?, it is not a nuclear secret. !

#supremecourt #covid19 #hospitalfiresafety

[Fire Safety in COVID hospitals] "What is this report in sealed cover? This not nuclear secret:" Supreme Court pulls up Gujarat govt

report by @DebayonRoy

#SupremeCourt #COVID19India #firesafety

Read full story: bityl.co/7u0O