Allahabad HC asks UP Govt to explain, as to how it is dealing with Covid-19 Surge in Rural, Sub-urban Areas
The Allahabad High Court on Friday, while hearing suo moto proceedings initiated to examine Covid-19 situation across Uttar Pradesh, directed the Additional Advocate General to apprise them on the next date fixed as to how the State Government was dealing with the surge of pandemic in rural and sub-urban areas and smaller cities of the State.
A Division Bench of Justice Siddharth Verma and Justice Ajit Kumar observed that,
“Sri Anuj Singh, learned Advocate, who has appeared through video conferencing has brought to the notice of the Court that the surge of pandemic was now being seen in rural areas also and the situation had alarmingly worsened for want of proper medical care. He has also argued that in those districts where medical health infrastructure was weak, a large number of deaths were reported but since the concentration of the Government in the recent past had been towards the major cities, the smaller districts and cities got unfortunately ignored and also did not get the attention of media.”
Further, the bench directed the District Magistrate, Lucknow to submit a detailed report of the action taken against the two private hospitals (Sun Hospital and Samarth Hospital) and if in his final opinion it is found that mischief has been committed by them deliberately endangering lives of innocent and creating unnecessary panic to serve the vested interests.
Regarding alleged deaths for want of oxygen in Medical College, Meerut in its Trauma Centre the bench observed that,
‘The District Magistrate, Meerut, in our considered view, has not conducted enquiry in the letter and spirit of the mandate contained in our order. He should have obtained specific information especially when judicial notice had been taken of the viralled news item and concrete material should have been placed before us as reply to our query.”
Therefore, the bench directed the District Magistrate, Meerut to hold a comprehensive investigation into the matter and will submit report to the Court again by personally appearing online on the next date fixed.
In relation to the seized case properties like life saving drugs Remdesivir as well as oxygen cylinders and oximeters and such other related seized articles the bench directed,
“to all the concerned Magistrates in the entire State of Uttar Pradesh to immediately dispose of the case properties like life saving drugs namely Remdesivir, Oxygen cylinders and oximeters and such other related articles within a week of the case being instituted before them. We also direct the Director General of Police to immediately issue advisory to all the Senior Superintendents/ Superintendents of Police in the State to direct the concerned police officers who have seized or would seize in future such articles from illegal possessions, to immediately within 24 hours of such seizure, approach concerned Magistrates for the disposal of such property and in the event they approach the concerned Magistrate, he shall 6 dispose of the case properties exercising power under Section 457 Cr.P.C. within three days thereafter in view of the current pandemic caused by Covid-19.”
Further during the hearing, the Counsel appearing for State Election Commission argued that 77 deaths have come to be reported so far from 28 districts and reports from other districts are still awaited. However, at the same time he submitted that the State Government had decided to give compensation of Rs.30,00,000/- to the family members of the deceased polling officers.
On the question of role of the State Election Commission in conducting the elections more particularly in the face of current pandemic, the learned counsel for the State Election Commission has sought time till next Tuesday to study the matter and to address the Court on the said issue.
On the question of availability of vaccine, proposed expenditure and the steps taken in the face of the fact that threat of third waive of Covid-19 pandemic looms large and how much vaccines were available, the bench was informed that,
“the available vaccine in the make of Covaxin and Covishield were available to the tune of 8.5 crores for the month of May, 2021. He further submitted that Central Government had the necessary budget as per the announcement made in the Parliament by the Finance Minister to the tune Rs.35,000 crores to spend on Covid-19 vaccines. According to him, the Central Government was intending to procure vaccines from other vaccine producers also and for this purpose the conditions in the guidelines for the license qua emergency use of vaccines had also been relaxed. He submitted that 1.5 lacs Sputnik Covid vaccines had already arrived in India from Russia till now.”
However the bench noted that, “tender is a long drawn process and if we run late in vaccinating large number of population in the State, we may lose the real desired result of vaccination as the virus may achieve such mutations which may neutralize the vaccine also. Besides that since large number of people are getting infected every day and the Scientists are of the view that third waive is almost at the door steps of India, it is necessary that Government should enter into direct dialogue with vaccine producers with the help of Indian Diplomats in those countries.”
Thus, the court directed the State Government to find ways and means to ensure immediate procurement of vaccines so that all in Uttar Pradesh may get vaccinated with its complete doses within 3-4 months time and tell us on the next date fixed how it proposes to expedite purchase of vaccines from global market.
The matter will be next heard on 11th May, 2021.
Case Title - In-Re Inhuman Condition at Quarantine Centres and for Providing Better Treatment to Corona Positive v. State of U.P