Court on Its Own Motion v. UOI & Ors

VEENA BIRBAL, J

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

IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 16th May, 2008 + Writ Petition (Civil) No. 13758/2006 & CM 12136/06 # The Court on its own motion ... Petitioner ! Through: Mr. Rajiv Saxena, Amicus Curiae versus $ Union of India & Others ... Respondents Through: Ms. Monika Garg, Advocate for UOI. Mr. S. Sirish Kumar with Mr. Amandeep Joshi, Advocates for GNCTD. Mr. O.P. Saxena, Advocate for MCD. 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. The present matter has been taken up by this Court suo-motu, in public interest on the basis of series of newspaper reports published in "The Hindustan Times" on August 10, 2007, August 11, 2007, August 13, 2007, August 15, 2007, August 16, 2007 respectively wherein deplorable conditions of various five government hospitals namely Sushruta Trauma Centre, Hindu Rao Hospital, Kasturba Gandhi Hospital, Loknayak Hospital, Swami Dayanand Hospital were highlighted in the newspaper. During the course of proceedings, Mr. Rajeev Saxena, Advocate was appointed as an amicus curiae by this court vide orders dated 27.09.2006. Mr. J.C. Mehta, Architect, was impleaded as petitioner on his prayer and he was permitted to assist as an amicus curiae. Mr. J.R. Midha, Standing Counsel, Government of NCT also arranged a meeting on 2.2.2007 of amicus curiae with Chief Secretary of Govt. of Delhi/Pr. Secretary (Health), Govt. of NCT of Delhi. This Court had directed all the above hospitals by its order dated 20 September, 2006 to furnish status reports regarding the conditions prevailing in their respective hospitals. 2. During the course of pendency of the proceedings, Mr. Rajeev Saxena, Amicus Curiae stated that on 7.10.2006 he visited Sushruta Trauma Centre which developed as a specialized annexe to Lok Nayak Jai Prakash Narain Hospital as is working under the aegis of said hospital. In inspection report he pointed out various shortcomings in the centre like non-availability of doctors, specialists and other staff personnel, ambulances, beds in casualty ward etc. The hospital further lacked in providing clean water, sterilized linen, aprons, disposable gloves, oxygen cylinders etc. to doctors and patients. The maintenance, general sanitation and hygiene is also poor. 3. The status reports were furnished by all the above referred hospitals in compliance of order of this Court. Status report of Sushruta Trauma Centre A status report dated 12.4.2007 prepared by the Medical Superintendent showing improvements done in the Trauma Centre after the submission of report of Shri Rajiv Saxena, amicus curiae, has been filed. As per said report facilities at the registration counter of hospital have been improved. One person is available at the counter all the times. Aforesaid counter has been declared independent w.e.f. 23rd February, 2007 and it has the following departments: i) Radiology ii) Anesthesia iii) Surgery iv) Orthopedics v) Neuro-Surgery Specialists and senior residents are available in the hospital for above mentioned specialities. Besides medical officers and junior residents are also available in the hospital for above mentioned specialties. Doctors from other specialties come from LNJP hospital to attend critical patients whenever needed. To improve connectivity between medical officers/specialists in various departments reimbursement of mobile phone has been allowed upto the prevailing norms. The centre has been provided with two administrative vehicles and the ambulance is now used for patient care only. It is further stated that the proposal for providing food to the admitted patients is likely to be cleared. The casualty services have been improved by posting additional staff. The status of linen on the beds has been improved by getting extra linen. Immediate car