Low Death Rate & High Recovery Rate Of Covid Patients Not A Mere Coincidence; Bombay HC Lauds Aurangabad Admin & Civic Body, Issues Guidelines [Read Order]

Division bench of Justice RV Ghuge and Justice SD Kulkarni was hearing a suo motu public interest litigation taken up after newspaper reports expressing grave concern about the rising number of cases in Aurangabad. In July, the Court had warned strict action against those public servants and officials appointed for fighting the pandemic of coronavirus, who refused to show up for work. Court had even warned of a surprise visit to hospitals and quarantine centres to ensure that there is discipline in the concerned staff.

In last Tuesday's hearing, Court observed that the Principal seat's judgment in Jan Swasthya Abhiyan & Anr Vs State of Maharashtra & Ors. and the Nagpur bench's view taken in the matter of Citizens Forum for Quality vs. State of Maharashtra and others dated June 10, 2020 will be applicable to the present case as well.

Noting that there were certain grievances or complaints as regards alleged excessive billing and alleged obstinate attitude shown by certain private hospitals in admitting Covid­-19 patients, the bench had called upon Public Prosecutor DR Kale to take effective steps with regard to such complaints. PP Kale informed the Court that the Divisional Commissioner of the Aurangabad Division Sunil Kendrekar, the Administrator of the Aurangabad Municipal Corporation Astik Kumar Pandey, the District Collector Uday Chaudhari and the Commissioner of Police, Aurangabad Chiranjeev Prasad, had formed a committee to deal with such complaints.

Thereafter, Amicus Curiae Senior Advocate Rajendra Deshmukh told the Court that this PIL could be utilized for issuing certain directions and guidelines for administering measures for the containment of Covid-­19 pandemic.

The bench was informed by the Amicus Curiae and the Public Prosecutor that though the growth of fresh patients of Covid­-19 in the State of Maharashtra has not abated, the administrations in the 13 districts amenable to the jurisdiction of this Bench, have considerably succeeded in controlling the pandemic. Court said-

"The local administrations in all districts are putting in strenuous efforts and are working relentlessly even upto late hours in the night. They begin their activities in the early hours of the day and are leaving no stone unturned in their efforts to contain the spread of coronavirus".

Court referred extensively to the principal seat's judgment wherein Chief Justice Dipankar Datta directed the State to consider increasing budgetary allocation for public healthcare and advised citizens to 'serve' or perform 'seva' to others by staying indoors. The bench observed-

"It is possible that some employees may be acting negligently and may have indulged in dereliction of duties. It is equally possible that some employees may have faltered or lapses may be attributable to their conduct, which could be out of inadvertence. Each of such cases will have to be dealt with by the administration and an appropriate action can be initiated by following the due procedure of law.

At the same time, we deem it appropriate to record that the aggrieved patients or the kith and kin of the victims of callousness and negligence at the hands of the employees on Covid­-19 duties or hospitals, etc., would be at liberty to take recourse to a remedy as is permissible in law, notwithstanding the pending disciplinary action initiated by the employer of such employees."

Moreover, the bench referred to the high recovery rate of positive patients in India and in Maharashtra and noted that the same is encouraging. Court said-

"We are given to understand that despite the dense population of this country, the death rate/ mortality in positive patients is one of the lowest in the world. Co­morbidities have also contributed to the cause of death in many cases.

In this backdrop, it would be unfair on our part to keep the Damocles Sword of initiating criminal action and registering of criminal offences, hanging on the administration and Covid-­19 employees. We have no doubt that the district administration is working hard. However, black sheep are found in all walks of life and in all spheres. It is mostly such work shirkers and indisciplined employees, who give a set back to the spirit and momentum of hardworking employees and give a bad name to the system."

Court went on to state that the general public at large, on getting to know such instances through the print and electronic media, develops an apprehension or an impression that the State and the local administration have failed. However-

"We, while dealing with such cases of work shirking, dereliction of duties and negligence, would be failing in our duties if the effective steps and measures adopted by the administration for battling the spread of Covid­-19 pandemic, are ignored. The dedicated Covid­-19 warriors, who are risking their lives and their families in this war against the pandemic, need to be complimented. The low death rate and high percentage of recovery of patients is not a mere coincidence and is unquestionably the result of dedicated hard work of the corona warriors. Their service in such extra­ordinary testing times, is a service to the Nation and mankind."

Referring to the media's important role as a fourth pillar of our democracy, Court said it has a enormous capacity to highlight the effective efforts of the administration as well as the shortcomings-

"However, good efforts put in by the administration should not be criticised merely for the sake of public consumption. Unnecessary or unwarranted criticism has it's own pitfalls. It could cause irreparable damage and would dampen the spirit of the covid­19 warriors. We are aware that the Constitutional Court is to ensure that the fundamental rights of the citizens guaranteed under the Constitution of India, have to be protected. The Constitutional Court should neither be shy of nor find itself powerless in upholding the fundamental rights of the citizens as guaranteed under Article 21."

Finally, Court directed the district collectors in all districts to establish a task force if not already established. The bench also warned action against private hospitals levelling excessive charges on both Covid and non-Covid patients.

The bench observed-

"Service to mankind is service to the Lord Almighty. It is a pious act. Much has been done. Lot more needs to be done. In this situation, we are reminded of the 1922 poem by Robert Frost, titled as "Stopping by Woods on a Snowy Evening", which ends with "The woods are lovely, dark and deep, But I have promises to keep, And miles to go before I sleep, And miles to go before I sleep." We are sure that these words would inspire all those involved in the Covid­19 battle, to continue their good work to save mankind. The translation by Girija Kumar Mathur of the original by Charles Albert Tindley (I will overcome some day), "Hum Honge Kaamyab Ek Din", will give all enough inspiration."

Finally, disposing of the PIL, Court complimented the district administration comprising all the District Collectors, District Superintendent of Police and the Civil Surgeons in Aurangabad but said-

"At the same time, we expect the State and the administration to deal with willful and intentional acts of negligence, callousness and work shirking, with a strict hand and initiate appropriate action against such errant employees/officers."

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