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Common Cause v. UOI

Court
High Court of Delhi
Decided
16 May 2008
Bench
T.S. Thakur, Veena Birbalauthor
Case no.
W.P.(C) 10412/2006

Judgment

VEENA BIRBAL, J

T.S. THAKUR, J May 16, 2008 ns

Case details

Parties and counsel

Page No.1 of 8 IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: May 16, 2008 + Writ Petition (Civil) No. 10412/2006 # Common Cause (A Registered Society) ... Petitioner ! Through: Ms.Meera Bhatia, Advocate with Ms.Pooja Aganpal, Advocate versus $ Union of India & Anr. ... Respondents ^ Through:Ms.Monika Garg, Advocate for UOI. Mr.Amiet Andlay, Advocate for Delhi Govt. CORAM: * HON'BLE MR. JUSTICE T.S. THAKUR * HON'BLE MS. JUSTICE VEENA BIRBAL 1. Whether Reporters of local papers may be allowed to see the judgment. No 2. To be referred to the Reporter or not? No 3. Whether the judgment should be reported in the Digest? No * Veena Birbal, J. 1. Present petition is filed in public interest by common cause (a registered society) seeking direction from this court to issue a writ in the nature of mandamus directing the respondents to install close circuit cameras and sound system in ICU's in Government Hospitals. 2. It is averred in the petition that petitioner society has Page No.2 of 8 been taking up common problems of people for securing redressal thereof. It is averred that present petition is filed for installation of close circuit monitors in ICUs in hospitals so that there is check on the activities of hospital staff working there and conditions of patients in ICU is monitored properly. It is alleged that patient in ICUs are generally in critical conditions and require proper monitoring by nurses and their family members. It is alleged that by installing close circuit monitors there will be a proper check on the conditions of patients. Further, medical superintendent and Heads of Departments in each of the ward can observe their staff and note their performance. It is alleged that unconscious and traumatized patients in ICU's Units are unable to convey their message to nurses for their needs and from the point of view of safety of patients, close circuit cameras and sound system should be installed in Government hospitals so that these patients can be looked after properly. It is further stated that family members and relatives of the patients admitted in ICUs are not allowed to visit inside to avoid infections as a Page No.3 of 8 result of which they are not in a position to know about the progress of their patients and if in ICUs, CCTV camera are installed their problems will also be solved. It is further averred that by means of close circuit cameras condition of each patient can also be closely monitored. 3. In response to above petition, counter affidavit of Dr. (Mrs.) B R Sawhney Chief Medical Officer, Directorate General of Health Services, Government of India, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi on behalf of Union of India/respondent No.1 is filed wherein it is stated that the Union of India has already decided to install CCTVs in strategic location in three Central Government Hospitals, namely Safdarjang Hospital, Dr. Ram Manohar Lohia Hospital and Lady Hardings Medical College & Associated Hospitals, New Delhi, in order to observe the flow of patients and also to ascertain and to keep vigil on the activities of the hospital. Some of the locations where it has been decided to install CCTVs are departments/wards including administrative block, MS Office, HOD Offices, Page No.4 of 8 corridors, OPD blocks etc of the aforesaid hospitals. The work in this regard have already been awarded to CPWD which is likely to be completed during the current financial year. As regards installation of CCTVs in ICUs are concerned, it is stated that ICU is an highly critical area wherein ratio of nurse : patient and doctor : patient is much higher as compared to general wards. The supervision by senior doctors is also rigorous in ICUs. Besides, there are warning systems in these ICUs connected to critical patients to alert the staff in case of change in the condition of those patients. It is averred that there is an adequate check on the activities of hospital staff and conditions of patient in the

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