Krishna Kr. Sharma v. Govt. of NCT of Delhi

PRATEEK JALAN, J JULY 27, 2020/kks

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 27th July, 2020 + W.P.(C) 3250/2020 & CM APPL.11769/2020 COURT ON ITS OWN MOTION ..... Petitioner Through: Mr. Om Prakash, Amicus Curiae versus STATE OF NCT OF DELHI AND ORS ..... Respondents Through: Mr. Rahul Mehra, Standing Counsel with Mr. Anuj Aggarwal, ASC, Mr. Chaitanya Gosain, Mr. Ankit Monga & Mr. Shikhar Sheel, Advs. for GNCTD. Mr. Chetan Sharma, ASG with Mr. Sahaj Garg, Adv. for UOI. Mr. Dayan Krishnan, Sr. Adv. with Mr. Mahesh Agarwal, Ms. Parul Shukla & Mr. Anirudh Bhatia, Advs. for Intervener (Indraprastha Apollo Hospitals). Ms. Nancy Roy, Adv. for Intervener in CM No.11769/2020. + W.P.(C) 3376/2020 KRISHNA KR. SHARMA ..... Petitioner Through: Petitioner-in-person. versus GOVT. OF NCT OF DELHI ..... Respondent Through: Ms. Hetu Arora Sethi, ASC, GNCTD. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE PRATEEK JALAN D.N. PATEL, Chief Justice (Oral) Proceedings of the matter have been conducted through video conferencing. 1. W.P.(C) 3250/2020 has been initiated by the Court on its own motion on the basis of the video clipping circulated through Mobile No.9971993060. Vide order dated 26.05.2020, suo moto cognizance was taken by this Court, especially about the inadequate arrangements to deal with patients of Covid-19 who require hospitalisation and treatment, including easy access to helplines, availability of beds, ambulances, etc. 2. W.P.(C) 3376/2020 has been preferred as a Public Interest Litigation with the following prayers: "i. Issue a writ in the nature of Mandamus or any other writ of like nature thereby passing order or direction to the Respondent for ensuring that those Government and Private Hospital or Nursing home in the National Capital Territory that refuses emergent medical care to the person amid Covid-19 pandemic, an immediate action shall be taken against those defaulters. ii. Issue a writ in the nature of Mandamus or any other writ of like nature thereby passing order or direction to the Respondent for ensuring that the Government and Private Hospitals shall not deny the admission of asymptomatic and symptomatic Covid-19 patient and complying with the order of the Respondent pertaining to the treatment and admission of asymptomatic and symptomatic or (COVID-19 and non- COVID-19) patients. iii. Issue a writ in the nature of Mandamus or any other writ of like nature thereby passing order or direction to the Respondent for ensuring that Covid-19 test shall not be mandatory before admitting elective and even emergency patients by Government and Private Hospitals. iv. Issue a writ in the nature of Mandamus or any other writ of like nature thereby passing order or direction to the Respondent for ensuring that Hospitals are not forcing Frontline health worker to wear used PPE. v. Issue a writ in the nature of Mandamus or any other writ of like nature thereby passing order or direction to the Respondent for ensuring that hospitals are not charging high amount for PPE (beyond the actual cost) from patients, shall charge reasonable. vi. Pass any other appropriate Order or Direction as this Hon'ble Court may deem fit." 3. We have heard learned counsel for both the sides including counsel appearing for Indraprastha Apollo Hospital. 4. Learned counsel appearing for Government of National Capital Territory of Delhi (hereinafter, "GNCTD") has submitted in detail about the various steps taken by the GNCTD. Multiple affidavits have been filed during the course of these proceedings regarding the various facilities which have been put in place. It is inter alia stated therein as to how the respondent/Government has extended the centralised helpline 1031 along with 50 hunting lines through which the public at large can avail the details of the availability of beds in the hospitals and the other facilities. 5. For ready reference, paragraph 3 of the counter affidavit filed by GNCTD dated 15.07.2020 reads as under: "3. That the deponent has gone through t