J&K HC asks admin to urgently examine issue of insufficient testing

The Jammu and Kashmir High Court Friday directed the union territory administration to urgently examine the issue of insufficient testing facilities while passing a slew of directions regarding the measures to be taken in the battle against the COVID-19 disease.

Regarding lack of efficient internet facilities in the UTs of J&K and Ladakh, the high court directed the Secretaries of the respective Home departments to file reports by the next date of hearing, an official release said.

While hearing two Public Interest Litigations pertaining to the issue through video conferencing, a bench of Chief Justice Geeta Mittal and Justice Rajesh Oswal directed that the matter of insufficient testing be urgently examined by the Chief Secretary, UT of J&K as well as Secretary, Health and Medical Education.

Ateeb Khateeb Kanth, one of the advocates who have filed the PIL, told the bench that as per the report filed by the Health Department, only 157 technicians were available for which reason insufficient sampling was being undertaken.

He said the administration has admitted that 50,000 travellers have arrived in J&K but only 4,000 people have been tested for COVID-19.

Regarding the prisoners of J&K lodged in jails in the UT and other parts of the country, the high court directed the administration to file a further report within ten days mentioning the steps taken after the filing of the report of DG Prisons dated April 8, 2020.

Regarding the need for a legislative framework addressing issues of safety, care, health and violence against healthcare professionals and clinical establishments, advocate Monica Kohli, the amicus curiae assisting the court specifically brought to its notice the incident of Budgam where doctors were held hostage by the public, incidents where doctors have been asked to vacate hotel accommodation which they were occupying as well as reports of attacks on ambulances.

The court was informed that the Union Ministry of Health and Family Welfare had drafted a bill called Health Care Service Personnel and Clinical Establishments (Prohibition of Violence and Damage to Property) Bill, 2019 and sent it to the Union Ministry of Home Affairs.

In order to study the Home Ministry's objections to the Bill, the high court directed Vishal Sharma, Assistant Solicitor General, to place the same before the court by the next date of hearing and also issued notice to other stakeholders like Indian Medical Association, Junior Resident Doctors Jammu and Doctors Association Kashmir and has asked them to submit their comments.

Regarding lack of efficient internet facility in the UTs of J&K and Ladakh, the court directed the Secretaries of the respective Home Departments to file the report by the next date of hearing.

Regarding the impending Darbar Move, various departments including the high court through its Registrar General have filed their reports as per the directions of the court dated April 10, 2020.

As per the reports, extracts of which have been reproduced in the order of the court itself, expenditure running into several hundred crores of rupees is incurred on each bi-annual Darbar Move. The court directed the amicus curiae to examine the reports by the next date of hearing which in this particular matter has been fixed on April 22.

Regarding the welfare of stranded migrants and contract labourers, the court directed the Divisional Commissioners of Jammu and Srinagar to submit reports with regard to the conditions of the above-mentioned categories of persons and the measures which are being undertaken for ensuring that their needs are met.

The court also directed the Member Secretary, Jammu and Kashmir State Legal Services Authority (JKSLSA) to collaborate with the concerned authorities to supplement the steps being undertaken with respect to the migrants.

The court also directed Commissioners of Jammu and Srinagar Municipal Corporations to draw up a comprehensive plan to combat vector borne diseases in anticipation of the rising temperatures and the subsequent monsoon and also regarding the disposal of garbage and submit the plan to the court by next date of hearing.

The high court has been monitoring the situation which has arisen out of the outbreak of noval coronavirus.

The high court has been hearing the PILs through video conferencing and has passed a number of directions in the past hearings which have had a very positive effect on the working of the government machinery.

Except for the issue pertaining to Darbar Move, the court has listed the cases for hearing again on April 27.