J&K High Court on Friday issued notice to “stakeholders” on a plea seeking care and safety of healthcare professionals.
Hearing a batch of pleas on Covid19 through videoconference, division bench of Chief Justice Gita Mittal and Justice RajneshOswal issued the notice after observing that given the situation it wasnecessary to have the stakeholders before the court.
The stakeholders to whom the notice was issued are: IndianMedical Association through its National President, Junior Resident Doctors through its Secretary, Government MedicalCollege, Jammu and Doctors Association of Kashmir through its President DrNisar-ul-Hassan.
Advocate Monika Kohli, amicus curiae in the matter, told thebench that despite serious pandemic issues being addressed by healthcareprofessionals “they are being subjected to extreme violence throughout thecountry”.
Valuable public property like ambulances and police vehiclesinvolved in COVID-19 issues, Kohli said, were being stoned and damaged forwhich there is no compensation. “These public resources are in extreme shortsupply” she added.
“The issue of safety, care and health of and violenceagainst these healthcare professionals needs to be addressed on priority inJammu and Kashmir as well as Ladakh,” she said.
After listening to the submissions, the court directed the”view” taken by the Ministry of Home Affairs on “Healthcare Service Personneland Clinical Establishments (Prohibition of Violence and Damage to Property)Bill, 2019 (Draft Bill) sent to it by Union Ministry of Health and FamilyWelfare for the consideration” be placed before it. “Before we examine the issue further, theview which was taken by the Ministry of Home Affairs needs to be placed beforeus,” the court said.
Insufficient sampling
Advocate Ateeb Kanth informed the court that insufficientsampling was being undertaken as the Health Department has only 157 techniciansavailable for the purpose. He saiddespite the government stand that 50,000 travellers have visited J&K, only4,000 people have been tested for Covid19.
“Let this issue be urgently examined by the Chief Secretary,UT of J&K as well as Secretary, Health and Medical Education,” the courtsaid.
High Speed Internet
With regard to the restoration of high speed internetfacility, the bench said “We have not received any report on this issue. Let astatus report be filed by the Secretary, Home Department of the UTs of Jammuand Kashmir and Ladakh before the next date of hearing.”
Prisoners in jails
The Court also directed government to file status reportresidents of J&K and Ladakh UTs lodged in jails in other parts of India.
People Stranded
The Court directed divisional commissioners of Kashmir as well as Jammu to submit report with regardto the conditions of the persons who got stranded in J&K due to lockdown.
Darbar Move
With regard to the Darbar Move, the court called a reportfrom Secretary, General Administration department regarding the status andlocation of all records of the Government as at present.
The court directed the Authority to file report within twodays after it was observed that the Darbar Move entails loss of several workingdays while the records are being packed and therefore re-arranged after themove is affected.
“We direct the Secretary, General Administration Departmentto inform this court as to the status and location of all records of theGovernment of Union Territory of Jammu and Kashmir as at present. This reportshall be filed within two days from today,” the court said
A report filed by Financial Commissioner, Finance departmentbefore court submitted that around 10112 employees were moved during April,2019 to which over 16 lakh rupees expenditure was incurred. Similarly forOctober 2019, some 9695 employees were moved incurring expenditure of over 26lakhs.
Further the Estates department in their report mentionedthat for the year 2018-2019, some 607 private houses were used foraccommodation, 748 government apartments were used and around 7,659 hotels wereused.
Also Director General of Police in his report submittedbefore court that around 10103 security personnel were involved in providingsecurity cover during annual Darbar move for April 2018, October 2019 andOctober 2019.
Petition seeks immediate Darbar Move
Meanwhile, the court on Thursday issued notice to J&Kgovernment seeking its response to a plea against suspension or cancellation ofDarbar move filed by two laywers.
The division bench of Chief Justice Gita Mittal and JusticeRajnesh and Oswal issued the notice after hearing an application filed bylawyers- advocate Tariq Ahmad Mir and Umar Mir.
In their plea, the lawyers pleaded that the Darbar Move “isa sensitive political matter” involving aspirations of people of the both thedivisions of Kashmir and Jammu.
They plead that in case the Darbar Move is suspended orcancelled it will amount to changing the capital of J&K which is a “purepolitical policy decision upon which the court has to avoid interference andleave it to the government”.
The petitioners submitted that the issue of impending DarbarMove should not be seen only from the prism of loss to financial resources,exchequer and the arrangements to be made by the government for the employeesbut a holistic view on it needs to be taken. They submitted that the people of Kashmir division desperately need thepresence of people at the helm of affairs in the times of epidemic for takingstock of the situations in Kashmir and on spot policy decisions. “Therefore, the Darbar Move must happen immediately”.Apart from seeking a direction for making home delivery of the ration, rice,atta and other essential commodities, the lawyers seek direction to J&KBank to provide cash at the residencesof the people on call.