'Serious Matter': Supreme Court To Hear Rajkot COVID Hospital Fire Case In Second Week Of March

The Supreme Court  on Monday adjourned the hearing of the suo moto case regarding the fire in Rajkot, Gujarat on 26.11.2020 which had resulted in the death of Covid patients in Hospital to the second week of March. The matter was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.

Advocate Aparna Bhat, appearing for some victims, submitted that she had filed her submissions and that the state had responded to the same. However, she added, that the State of Gujarat had come up with an Ordinance to regularise unauthorised constructions. She said–

"Your lordships passed an order which put that in abeyance. Could your lordships ask the State of Gujarat to file an affidavit providing the actual status of what they have done? What they filed before this court is completely different. They had said that no coercive action shall be taken against anybody concerning a building construction in violation, your lordship had put that in abeyance. What we have come to know is now they have made a statute which is defying the order. Their submission has to be clarified- how can they come up with a legislation?"

Per contra, the State of Gujarat submitted–

"We regularized certain hospitals because there was a shortage of hospitals and they could not be shut down due to Covid. There was no further regularisation of this hospital. Thereafter, we came up with a comprehensive legislation for the hospitals which have marginally crossed fire safety. They are structurally intact, the entire buildings."

CJI DY Chandrachud, noting that the matter was quite important, stated–

"We will hear the matter, second week of March. This is a serious matter, we won't dispose it like this."

Background

Earlier, the Apex Court had noted that on July 8, the Gujarat government had issued a notification that directed that no coercive action should be taken against the buildings having no BU permission till three months from December 31, 2021, which is the last date of applicability of the Gujarat Epidemic Diseases COVID-19 Regulation, 2020. While confronting the State of Gujarat on its decision to issue notification extending the timeline for hospitals to rectify compliances, the Supreme Court had on July 19 decided to consider if the notification was in breach of its order dated December 18, 2020 regarding maintenance and audit of fire safety measures in hospitals.

Reportedly, the Gujarat government on July 23 issued a second order, clarifying that the July 8 order only pertained to compliance with Gujarat Town Planning and Urban Development Act and not the Gujarat Fire Prevention and Life Safety Measures Act, further stating that for any premise non-compliant with the latter, competent authorities "shall continue to take all actions, including coercive actions…"

The Court then had observed -

"Such a notification will be directly in conflict. And the notification is under section 122 of the Town Planning Act. How can the government say that by issuing such notification, a statutory provision will not be applicable at all? S.122 circulars can be issued in furtherance of the Town Planning Act and not to stay the provisions of the Town Planning Act. I don't know who is advising the government"

The said Section 122 states that every appropriate authority under the Town Planning Act shall carry out such directions or instructions as may be issued from time to time by the State Government for the efficient administration of the Act.

Prior to that the Bench had also sought to ask the State to produce a copy of the report of the Commission of Enquiry headed by Justice Mehta, along with the action that has been taken by the State regarding recommendations contained in the report. SG Tushar Mehta told the bench that the report of the Commission has been filed in a sealed cover. However, the bench had not received it.

On December 18, 2020 three specific directions were issued by the Court regarding maintenance and audit of fire safety measures in hospitals :

a. All States/UTs were directed to appoint one nodal officer for each covid hospital, to be made responsible for ensuring the compliance of all fire safety measures.

b. In each district, State Government was to constitute a committee to carry out a fire audit atleast once a month and inform the deficiency to management of the hospital and report to the Government for taking follow-up action.

c. The Covid hospital that had not obtained NOC from the fire department was immediately required to apply for NOC. In the event Covid Hospital was found not having NOC or not having obtained renewal; appropriate action was to be taken by the State

The Bench had observed on 19th July that–

"During the course of the hearing, it has transpired that on 8 July 2021, a Notification has been issued by the State Government, by which an extended timeline has been issued for rectifying compliances for a period of three months commencing from the last date of the applicability of the Gujarat Epidemic Diseases Regulations 2020. The Court has been informed that the last date being 31 March 2022, the extended period of three months would commence thereafter. The issue whether the Notification has been issued in breach of the directions which were issued by this Court would merit being considered. Before we consider the matter any further, we are of the view that this aspect should be explained on affidavit by the State of Gujarat".

The State of Gujarat was also required to file before this Court a comprehensive statement indicating (i) the audits which were conducted in pursuance of the order dated December 18, 2020; and (ii) the result of the audits specifically in terms of which hospitals were found not to be in compliance with the safety and other norms under the Development Control Regulations.

 Case Title: In re proper treatment of covid 19 patients & dignified handling of dead bodies in the hospitals etc SMW(C) No. 7/2020

Click Here To Read/Download Order