In a marked departure from its previous scathing order of May 22, where it had compared the Ahmedabad Civil Hospital to a dungeon, the Gujarat High Court appears to have softened its stand on the state administration’s efforts to control the pandemic.
In its order dated May 29, the court has said, “All those who cannot extend their helping hand in this difficult times (sic) and do anything good for the people at large have no right to criticize the functioning of the State Government. If the State Government would not have been doing anything, as alleged, then probably, by now, we all would have been dead.”
The court also expressed dismay at how its previous orders were “being misused for some oblique motive.” The court said, “In our opinion, the Public Interest Litigation is meant for the benefit of the lost and lonely and it is meant for the benefit of those whose social backwardness is the reason for no access to the Court. We also say that the PILs are not meant to advance the political gain and also to seek any political mileage. The Public Interest Litigation should never be made a political battle.”
Elaborating further on the subject of politicisation of the pandemic the court said, “In times of crisis, we need to bind, not bicker. The COVID 19 crisis is a humanitarian crisis, not a political crisis. Hence, it is imperative that no one politicise this issue.”
The Gujarat government is facing serious flak for mismanagement of the crisis and multiple petitions have been filed against it. And while the HC had previously taken the state government to task, in its latest order shown greater compassion to the state government. It said, “Merely criticising the government in power is not going to magically cure people of COVID 19, nor is it going to to make the dead come back to life. (sic)” It added, “Simply highlighting the flaws and gaps in the State’s handling of the situation only creates fear in the minds of people.”
However, the court did not let the state government completely off the hook. On the subject of the facilities at the Ahmedabad Civil Hospital, the HC said, “We would still like to keep a close watch of the functioning of the Civil Hospital and if we are not satisfied with the same, then we may have to take some further steps in accordance with law.”
The court also directed the State Government to concentrate on the following issues to maintain the level of administration and functioning of the Civil Hospital in the interest of the patients and the specialists, doctors, paramedical and all others serving at the Civil Hospital.
[1] There should be no shortage of manpower in all categories: specialists, doctors, nurses, servants, technicians, physiotherapists etc;
[2] The patients admitted in the COVID Hospitals are demanding attention and care in terms of the medical care protocols required for proper treatment. There are different medical protocols for different categories of patients. There could be severely symptomatic patients, there could be moderately symptomatic patients and there could be mild symptomatic patients and for each of the categories of such patients, the protocols to be followed are different. It is alleged that the medical protocols required for different categories of patients are not being strictly followed.
[3] There is another circumstance which relates to the COVID patients. No Attendants are allowed to assist and take care of the patients. Normally admitted nonCOVID patients are allowed one attendant who takes care of their hygiene, their food, their daily necessities. However, for COVID patients, such care is to be taken by the Nurses, attendants and other staff of the hospitals.
[4] Although not confirmed, but, there are reports both in the print and digital medias that the COVID patients have lost their lives on account of proper care and attention not being provided to them. It has also come to our knowledge on account of dehydration and other negligence, COVID patients have lost their lives.
[5] There are also reports that necessary precaution are (sic) not being taken for the attending doctors and staff in terms of providing essential protective gadgets, consumables, PPE kits, etc. They cannot be put to risk under any circumstances.
The entire order may be read here:
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Ahmedabad Civil Hospital “as good as a dungeon”: Guj HC slams state gov’t