NEW DELHI: The Supreme Court Monday requested the Gujarat authorities to apprise it whether or not the report of a fee of inquiry headed by Justice D A Mehta (retd), which had probed two incidents of fireplace at hospitals in Rajkot and Ahmedabad in 2020, has been tabled in meeting and if not, by when it is going to be performed.
A bench of Justice DY Chandrachud and Justice Hima Kohli additionally requested the Gujarat authorities to file an affidavit indicating steps taken in view of the findings of the Justice Mehta (retd) fee.
The prime court docket was listening to a suo motu matter on the correct remedy of COVID-19 sufferers and dignified dealing with of the lifeless within the Gujarat hospitals by which it had taken cognizance of fireplace incidents through the peak of COVID-19 pandemic in 2020.
At the outset, senior advocate Dushyant Dave, showing for a number of the kin of victims of fireplace incidents mentioned some sort of strict motion is required and court docket should be aware of the incident, which had occurred in Gujarat on Sunday.
The bench instructed Dave there are such a lot of features on this suo motu matter and aksed him to be particular on what’s to be handled first. Dave mentioned he’s showing for kin of victims of fireplace incidents, who’ve died within the hospitals.
The bench mentioned this matter is confined to Gujarat solely to which Dave replied that the court docket has taken cognisance of the hearth incidents within the state however related instructions are wanted for pan-India.
“There are no safety measures. No NOCs taken. Hospitals are being run in five-six storeys buildings in residential areas, where even fire tenders cannot approach. This is culpable homicide. People are being killed. They are being suffocated in case of any fire tragedy”, he mentioned.
Dave mentioned there isn’t a doubt that hospitals are wanted however they need to be in business and never residential areas.
Counsel showing for one of many intervenors identified that Gujarat authorities has not too long ago come out with an ordinance to regularise the unauthorised constructions within the state.
Dave mentioned this court docket has final yr stayed the same notification by which the state authorities tried to regularise the unauthorised building and now they’ve come out with an ordinance.
The bench mentioned it can not take care of the validity of the ordinance within the suo motu matter and it must be challenged individually.
The bench then requested for the counsel, showing for Gujarat authorities, to which it was knowledgeable that nobody is obtainable.
Advocate Rajat Nair, instructed the bench that although he’s showing for the Union of India, he can say {that a} one-man fee was appointed by the state authorities to inquire into the hearth incidents and it has filed its report.
The bench mentioned that if the fee was appointed beneath Commission of Inquiry Act then the report must be first tabled within the Assembly and requested whether or not that has been performed.
The prime court docket ordered the counsel for Gujarat to apprise it whether or not the report of the fee has been tabled within the meeting and if not, when it is going to be performed.
It requested him file an affidavit indicating the state’s plan of motion pursuant to the findings of the fee and listed the matter after November 7.
On August 27, final yr the highest court docket had requested the Gujarat authorities to desk on the primary day of its subsequent meeting session the report of fee of inquiry headed by Justice D A Mehta (retd).
During the listening to, the highest court docket had requested the counsel showing for Gujarat authorities, beneath what provisions a notification which prolonged the deadline by three months for hospitals to rectify the violations of constructing by-laws, was issued by the state and the way such notification may be sustained.
She had replied that beneath part 122 of Gujarat Town Planning and Urban Development Act, the notification was issued and added that the federal government has taken a “pragmatic” method in view of doubtless third wave of the COVID-19.
On July 19, final yr, the highest court docket had noticed that hospitals have develop into like enormous actual property industries as an alternative of serving humanity within the face of COVID-19 tragedy.
It directed that ‘nursing houses’ working from two to three-room flats in residential colonies which pay little consideration to fireside and constructing security norms, needs to be closed.
It had pulled up the state authorities for extending the deadline until July subsequent yr for hospitals to rectify the constructing by-laws violations, and mentioned the “carte blanche” notification was in enamel of its order of December 18, 2020 and folks will proceed to die in hearth incidents.
On December 18, 2020, the highest court docket had directed all states to represent a committee in every district to conduct hearth audit of COVID-19 hospitals not less than as soon as a month, inform the administration of medical institutions about any deficiency and report back to the federal government for taking observe up motion.
It had directed that each one states and Union Territories ought to appoint one nodal officer for every COVID hospital, if not already appointed, who shall be made answerable for making certain compliance of all hearth security measures.
It had taken observe that Gujarat authorities has appointed Justice D A Mehta-led fee to undertake enquiry with regard to fireside in Shrey Hospital, Navrangpura, Ahmedabad, along with enquiry into the incident of fireplace in Uday Shivanand Hospital, Rajkot.
NEW DELHI: The Supreme Court Monday requested the Gujarat authorities to apprise it whether or not the report of a fee of inquiry headed by Justice D A Mehta (retd), which had probed two incidents of fireplace at hospitals in Rajkot and Ahmedabad in 2020, has been tabled in meeting and if not, by when it is going to be performed.
A bench of Justice DY Chandrachud and Justice Hima Kohli additionally requested the Gujarat authorities to file an affidavit indicating steps taken in view of the findings of the Justice Mehta (retd) fee.
The prime court docket was listening to a suo motu matter on the correct remedy of COVID-19 sufferers and dignified dealing with of the lifeless within the Gujarat hospitals by which it had taken cognizance of fireplace incidents through the peak of COVID-19 pandemic in 2020.
At the outset, senior advocate Dushyant Dave, showing for a number of the kin of victims of fireplace incidents mentioned some sort of strict motion is required and court docket should be aware of the incident, which had occurred in Gujarat on Sunday.
The bench instructed Dave there are such a lot of features on this suo motu matter and aksed him to be particular on what’s to be handled first. Dave mentioned he’s showing for kin of victims of fireplace incidents, who’ve died within the hospitals.
The bench mentioned this matter is confined to Gujarat solely to which Dave replied that the court docket has taken cognisance of the hearth incidents within the state however related instructions are wanted for pan-India.
“There are no safety measures. No NOCs taken. Hospitals are being run in five-six storeys buildings in residential areas, where even fire tenders cannot approach. This is culpable homicide. People are being killed. They are being suffocated in case of any fire tragedy”, he mentioned.
Dave mentioned there isn’t a doubt that hospitals are wanted however they need to be in business and never residential areas.
Counsel showing for one of many intervenors identified that Gujarat authorities has not too long ago come out with an ordinance to regularise the unauthorised constructions within the state.
Dave mentioned this court docket has final yr stayed the same notification by which the state authorities tried to regularise the unauthorised building and now they’ve come out with an ordinance.
The bench mentioned it can not take care of the validity of the ordinance within the suo motu matter and it must be challenged individually.
The bench then requested for the counsel, showing for Gujarat authorities, to which it was knowledgeable that nobody is obtainable.
Advocate Rajat Nair, instructed the bench that although he’s showing for the Union of India, he can say {that a} one-man fee was appointed by the state authorities to inquire into the hearth incidents and it has filed its report.
The bench mentioned that if the fee was appointed beneath Commission of Inquiry Act then the report must be first tabled within the Assembly and requested whether or not that has been performed.
The prime court docket ordered the counsel for Gujarat to apprise it whether or not the report of the fee has been tabled within the meeting and if not, when it is going to be performed.
It requested him file an affidavit indicating the state’s plan of motion pursuant to the findings of the fee and listed the matter after November 7.
On August 27, final yr the highest court docket had requested the Gujarat authorities to desk on the primary day of its subsequent meeting session the report of fee of inquiry headed by Justice D A Mehta (retd).
During the listening to, the highest court docket had requested the counsel showing for Gujarat authorities, beneath what provisions a notification which prolonged the deadline by three months for hospitals to rectify the violations of constructing by-laws, was issued by the state and the way such notification may be sustained.
She had replied that beneath part 122 of Gujarat Town Planning and Urban Development Act, the notification was issued and added that the federal government has taken a “pragmatic” method in view of doubtless third wave of the COVID-19.
On July 19, final yr, the highest court docket had noticed that hospitals have develop into like enormous actual property industries as an alternative of serving humanity within the face of COVID-19 tragedy.
It directed that ‘nursing houses’ working from two to three-room flats in residential colonies which pay little consideration to fireside and constructing security norms, needs to be closed.
It had pulled up the state authorities for extending the deadline until July subsequent yr for hospitals to rectify the constructing by-laws violations, and mentioned the “carte blanche” notification was in enamel of its order of December 18, 2020 and folks will proceed to die in hearth incidents.
On December 18, 2020, the highest court docket had directed all states to represent a committee in every district to conduct hearth audit of COVID-19 hospitals not less than as soon as a month, inform the administration of medical institutions about any deficiency and report back to the federal government for taking observe up motion.
It had directed that each one states and Union Territories ought to appoint one nodal officer for every COVID hospital, if not already appointed, who shall be made answerable for making certain compliance of all hearth security measures.
It had taken observe that Gujarat authorities has appointed Justice D A Mehta-led fee to undertake enquiry with regard to fireside in Shrey Hospital, Navrangpura, Ahmedabad, along with enquiry into the incident of fireplace in Uday Shivanand Hospital, Rajkot.