"Very Difficult For Bureaucracy, Political Leaders To Accept Failures And Inability, Not In Their Veins": Delhi High Court

The Delhi High Court on Wednesday remarked that it is very difficult for the bureaucracy and the political leaders of the day to accept failures and their inability and that the same is not in their veins.

A division bench comprising of Justice Vipin Sanghi and Justice Jasmeet Singh was dealing with an application filed by Delhi Judicial Members Association seeking directions to ensure that judicial members and their family are provided with adequate covid care facilities by establishment of a centralized mechanism within districts and attachment of hospital in each district.

"It is very difficult for the bureaucracy and political leaders to accept failure. Even inability they will not accept. But what the ground reality is, we all are seeing." The bench orally remarked.

Advocate Dayan Krishnan appearing for the Association apprised the Court that the facilities provided to such judicial officers on the ground were "eye washing" and that while some districts have attachment to hospitals, others don't. 

"We have indicated court wise, it shows that most of the covid care facilities set up are similar to the care which can be given at home. The nodal officer is not working. I'll give an example of Rohini. The DJ contacted the DM and DM said I have only Rohini under me and I can't see facilities anywhere else in Delhi. There can be some centralized mechanism so that such officers are coordinating with each other and also there should be some centralized facility to ensure that district wise attachment is there with a hospital." Krishnan submitted before the Court.

This was substantiated by Advocate Shobha Gupta who submitted that the judicial officers had themselves pooled around 10,000 Rs each to set up covid care facilities and that nothing was done by the Delhi government.

In view of this, Senior Advocate Rahul Mehra appearing for GNCTD assured that the State will be taking adequate steps in this regards and that details must be placed before the State of such needy officers falling under moderate to severe category so that adequate steps may be taken.

At this, Justice Sanghi orally remarked thus:

"Today we're not in a situation of oxygen beds etc. But We cannot be sure that we will not see such a problem again. We should be prepared for the worst. We should make a system plan so that in case a crisis arise again, we're able to deal with it. People are going to their offices, they are going on the ground, exposing themselves and the least the State can do is to provide them comfort that in case they are infected, they will be taken care of. Otherwise they'll stop working."

Observing that the judicial officers are at par with other frontline workers such as doctors, police officers etc, the Bench also observed thus:

"In HCs files are digitalized and infrastructure here is different and is much better. This is not there in District Courts. Transportation of physical files may not be desirable also. Some judges have to come to courts out of necessity. To say that their work or responsibility must not be recognised as essential work is not correct. They are also performing an essential duty. Not because they are holding the position of judges but because of the nature of duty which they are serving to the society."

At this, Mehra submitted that the "We should not fall shy of the fact that these have to be declared as front line workers. If vaccinations can be brought in, the third wave can be stopped. If we sit on the Vaccination, god knows how many waves will come."

During the course of hearing, it was suggested that a meeting can be convened between the members of the Judicial Association and the Chief Secretary of Delhi Government to take further steps in the matter.

Accepting this, the Court issued notice in the plea and posted the matter for further hearing on next Wednesday i.e. May 27 to report status in the matter.