High Court Directs Jammu & Kashmir And Ladakh Authorities To Ensure Smooth Movement Of Ambulances For Public Health Emergencies

While closing a Public Interest Litigation (PIL) a bench composed of Chief Justice Tashi Rabstan and Justice Puneet Gupta, underscored the critical need for rapid medical response systems in public health emergencies.

The PIL filed by White Globe, a registered trust, through its chairman, Shoaib Iqbal Qureshi had sought a writ of mandamus requiring the state to establish a comprehensive Standard Operating Procedure (SOP) for the smooth movement of ambulances, ensuring timely transport of patients to hospitals without delay. The trust highlighted the importance of efficient ambulance passage, especially in congested urban areas where traffic can severely impact response times.

To ensure a cohesive response to the petition's concerns, the Court in its previous order had appointed the Divisional Commissioner, Kashmir, as the Nodal Officer and was directed to compile a comprehensive affidavit, consolidating inputs from various departments to present a unified stance on the issues raised.

Perusing the affidavit, filed on February 22, 2024 te bench noted the detailed contributions from departments such as the National Health Mission (NHM) J&K, the Directorate of Health Services, and the Regional Transport Office, Kashmir which outlined key initiatives under the Jammu & Kashmir Emergency Medical Services (JKEMS) program, implemented in collaboration with BVG India Pvt. Ltd. since March 2020.

The court noted that JKEMS currently operates a fleet of GPS-enabled ambulances, including 71 Advanced Life Support (ALS) ambulances and additional Basic Life Support (BLS) vehicles, which can be accessed via a 108 toll-free service and the response times are designed to be within 20 minutes in urban areas and 30 minutes in rural zones, enhancing the fleet's reach and efficiency.

Further, the affidavit reported that outdated ambulances no longer fit for service had been retired and auctioned off, ensuring the active fleet met the National Ambulance Code. The affidavit also noted collaboration with the Traffic Department, whereby emergency movement information is communicated to facilitate smoother passage, alongside a 24/7 control room in Srinagar to provide real-time traffic assistance for emergency vehicles.

After a thorough review of the Nodal Officer's affidavit the court acknowledged the substantial efforts already undertaken by various departments to address the issues raised in the PIL. In particular, the Court observed,

“The petitioner has placed on record a copy of the order issued by the Sr. Superintendent of Police, Traffic, City Srinagar, in November, 2015, under the titled 'Standing Operating Procedure for free passage to ambulances' in order to ensure free movement of ambulances in City Srinagar.”

Recognizing the progress made, the Court found no need to prolong the case. “After going through the statements made in the affidavit (supra) by the Divisional Commissioner, Kashmir, we are of the opinion that most of the departments have already taken note of the grievances put forth before this Court in the present Public Interest Litigation and have taken appropriate actions to redress the same,” the Court noted.

Directing the Chief Secretaries and DGPs of both UTs, in coordination with the Health Departments, to devise a standardized mechanism ensuring uninterrupted ambulance movement across Jammu & Kashmir and Ladakh the court closed the PIL remarking,

“Accordingly, there is no need to keep the present petition pending and the same is disposed off”

Case Title: White Globe Vs State of J&K

Citation: 2024 LiveLaw (JKL) 297

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