"Ensure That Buildings Of Rajasthan Bar Council Shall Be Made Operational As Covid Care Centre At The Earliest For Advocates, Family Members": Rajasthan HC Directs State

The Rajasthan High Court, bench at Jaipur, last week directed the State Government to ensure that the Rajasthan Bar Council buildings at both the benches shall be made operational at the earliest as covid care centre so that the advocates and their family members having initial symptoms may be treated or isolated.

A division bench comprising of Chief Justice Indrajit Mahanty and Justice Satish Kumar Sharma ordered thus:

"The State Government shall ensure that the buildings of the Bar Council of Rajasthan, both at Jaipur and Jodhpur shall be made operational as Covid Care Centre at the earliest. Necessary medical staff shall be deputed at both the places and essential medical facilities, such as oxygen concentrators/oxygen cylinders and medical kits shall be made available so that the Advocates and their family members having initial symptoms of the disease may be treated and/or isolated. An action taken report shall be placed before the Court by the next date positively."

The development came in a letter plea filed by the Rajasthan High Court Bar Association highlighting the plight of Covid patients and the situation arising out of shortage in hospitals into a PIL. The Court had last month formed State Level and District Level Committees to alleviate the difficulties being faced by the general public at large in the State of Rajasthan.

Observing that the Committees constituted are functioning as "as catalyst to facilitate the Covid patients to get proper and timely treatment", the Court reiterated thus:

"The concerned authorities shall cooperate the committees by taking immediate steps to resolve the grievances so reported by these committees, however in case any grievance is not redressed, the concerned committee shall communicate the same to the Covid Redressal Cell, constituted in the office of the Registrar General of this Court and in turn, the Cell so constituted shall bring the unattended grievances to the notice of a Nodal Officer to be appointed by the Secretary, Medical & Health, State of Rajasthan, who shall ensure redressal of the same at the earliest possible."

During the course of hearing, Abhishek Manu Singhvi and Advocate General MS Singhvi for the State of Rajasthan apprised the Court that Central Government had allocated medical oxygen, however, due to paucity of cryogenic tankers, it was not possible to get the required quantity of oxygen for the increasing number of covid positive patients.

It was also submitted that the Central Government should be directed to ensure logistics for transportation of oxygen, allocation and timely supply of oxygen and essential medicines in proportion to the active cases in the State.

Hearing the parties and their submissions, the Court acknowledged and appreciated the efforts put in by the Central Government, State Government, NGOs' and individuals for containment of the Covid-19 pandemic and "to join hands to minimize the pains of sufferers of the pandemic."

"We record our satisfaction that as a result of total lock-down and other preventive measures, the number of active patients is decreasing, but no laxity can be afforded till total control over the pandemic is achieved. In our opinion, no purpose would be served by fault finding or blaming each other, rather it may discourage the corona warriors who are dedicated and committed to serve the sufferers even by putting their lives in danger. Once we overcome the pandemic, everyone would get ample opportunity to introspect to take necessary steps or to formulate a concrete plan to effectively deal with probable third wave of the pandemic." Court observed.

Furthermore, taking note that a national task force has been constituted by the Supreme Court to ensure proper allocation of oxygen and essential medicines by the Central Government to the States, the Court found that a proper mechanism has been in place for the aforesaid purpose.

Observing that the requirement of the oxygen and essential medicines depends upon the number of active patients which varies day-by-day, the Court directed the State of Rajasthan to place the requirement of oxygen and necessary logistics for its transportation and essential before the Central Government with necessary projected details.

"The requirement of the State shall be immediately considered by the Central Government and allocation of oxygen and essential medicines shall be strictly made in proportion to the active patients of Covid-19 at the earliest possible, and adjustments maybe made in the next installment, if any surplus is available from the earlier allocation." The Court directed.

Furthermore, the Court went ahead to direct the Centre to consider to arrange required number of cryogenic tankers for transportation of medical oxygen as well as allocation of the oxygen from within the State from nearby places to avoid delay in transportation.

"We are confident that looking to the urgency and importance, the Central Government/Task Force shall ensure timely supply of oxygen and medicines as per allocation so that not even a single person suffers on that count." The Court observed at the outset.

While posting the matter for further hearing on May 26, the Court directed the Union of India to file reply in the matter.

Title: Rajasthan High Court Bar Association v. State of Rajasthan

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