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Synopsis

On Wednesday, after refusing to take suo moto cognisance during the morning session, the Bombay High Court during its afternoon session, at 2:30 PM, took suo moto cognisance of the deaths that took place in the state-run hospitals in Nanded and Shambhajinagar in Maharashtra. 

The division bench of Chief Justice Devendra Upadhyaya and Justice Arif Doctor sought details of the incident from Advocate General Birendra Saraf. 

The bench asked the Advocate General to place on record the budgetary allocations of the state government for healthcare. 

The bench also said that reasons like shortage of medicines and lack of resources will not be accepted by the court. 

The high court has appointed Advocate Mohit Khanna as the amicus curiae in the case and has asked the AG to file a report by Friday 

Today morning, Advocate Mohit Khanna, through a letter to the Bombay High Court, requested the high court to take suo moto cognizance of deaths happening in government hospitals across Maharashtra. 

The division bench, however, asked advocate Khanna to file a petition.
"We want to issue effective orders. We are requesting you to file a petition. Gather data regarding vacancy in the hospital,  availability of medicine, percentage government is spending etc," the bench said. 

In his letter, Khanna pointed out that there have been reports of at least 31 patients, including 16 infants, who died at Dr Shankarrao Chavan Government Medical College in Nanded.

Additionally, the letter said that there have been reports of at least 18 patients, including infants, who died at the Government Medical College and Hospital (GMCH) in Chhatrapati Sambhajinagar between October 2 and October 3, 2023. 

Khanna contended that under Article 21 of the constitution right to access quality healthcare is a fundamental right. 

It also stated that Article 47 of our Constitution also states that it is the duty of the State to raise the level of nutrition and the standard.

Case title: Suo Moto Cognisance