"Treat Judicial Officers As Frontline Workers, Earmark COVID Hospitals For Them And Their Families", PIL Filed In Delhi HC

The Petition filed by Shobha Gupta and others (advocates enrolled with the Bar Council of Delhi) has been moved before the HC stating that due to the nature of work in the Courts, the COVID protocol was not being followed in courts and Ld. judicial officers are exposed to the VIrus immensely.

The PIL by Gupta and others seeks the setting up of a mechanism by which the Judicial Officers of Delhi get proper treatment and admission in the earmark Pvt./Government Hospital for covid-19 upon being tested positive, nearby their residence, court complexes.

The Plea states,

"The Judicial Officers in view of their judicial independence and unbiased nature of work lead secluded life and because of their nature of work they have limited circle/interaction"

Submissions in the PIL

The plea submits that with the onset of the second wave of the deadly coronavirus an alarming (number of judges) has tested positive for coronavirus and to the utter dismay a few left for heavenly abode.

It has been argued in the plea that unless some drastic measures are taken now, the other Judicial Officers infected with the novel coronavirus may also face severe health consequences for which appropriate health care may not be available at the right time

In this backdrop, the plea has stated that since 24th March till 20th April, a number of Judges and their family members contracted the deadly virus and suffered from Covid and that in almost every District Court Judicial Officers are Covid positive.

"Six judicial Officers from the Saket complex required urgent hospital admission. Despite efforts, four of them could not secure even a bed at the nearest Covid hospital Max Smart. Unfortunately, one DHJS officer, sh. Kovai Venugopal, succumbed to the disease because of late hospital admission. His widow and a 9-year-old daughter survive him. The Ld. Add session Judge District Satna (MP) Sh. Jagdish Aggarwal succumbed to death due to Covid," the plea states.

The plea argues that after the resumption of physical hearings in the Court Premises in Delhi the Judicial Officers of Delhi selflessly exposed themselves to scores of people and undetected virus on a daily basis.

Importantly, the plea also submits,

"The Judicial officers have been meted out with discrimination by not being included in the list of frontline workers. That the fact that when the entire country was under lockdown, continuous duties for maintenance of law and order like magistrates performing Jail duties were being performed by the Judicial officers has been totally ignored by the Government. That the fact remains that the Judicial Officers have been most exposed to the deadly coronavirus and yet they have been discriminated against by not being included in the list of frontline workers."

Stressing that the fourth wave of 'coronavirus' in Delhi has been spreading at a very fast rate, the plea argued that if proper precaution and healthcare facilities are not provided to the Judicial Officers then it can prove to be fatal for the majority of the Delhi Judiciary.

Prayers of the plea

• To direct the GNCT of Delhi to immediately declare Ld. Judicial Officers (DJS/DHJS) as frontline workers and provide them by Setting up a mechanism for the medical treatment of Judicial Officers in Delhi infected with the coronavirus and or serious related ailments;
• To direct the Government to earmark Private and Government hospitals near respective the Court residence complex in Delhi for the treatment of the Judicial Officers (DJS/DHJS).
• To convert the dispensaries in the residential colonies of Judicial Officers and dispensaries near the Court Complexes to Covid Centers;
• To treat the judicial officers with severe symptoms and treatment as frontline workers.