Judges not living in ivory towers aware of condition during second wave of COVID-19 HC
New Delhi Aug 25 PTI Judges do not live in ivory towers and have seen the condition of the national capital during the second wave of COVID-19 pandemic the Delhi High Court Wednesday observed while disagreeing with an argument that resources of the state remained unutilised due to the exclusive reservation of facilities for COVID-19 treatment of government officials and their familiesThe court said that the submission of petitioners counsel does not take into account the ground reality of the second wave of the pandemicThere was such a shortage of facilities including oxygen medicines hospital beds oxygenated beds ICUs doctors and paramedical staff that there was no question of any facilities remaining unutilised a bench of Justices Vipin Sanghi and Jasmeet Singh saidThe court said when there was a massive dearth of medical infrastructure during the second wave of the pandemic government officials were risking their lives on the streets to manage the situationIt said the state is obliged to provide medical facilities to all the citizens including those grinding wheels of the administration and when the pandemic was at its height there was a greater need of governance since the fire of the pandemic was raging at its peakThe bench said during the lockdown while the common citizenry were in their homes it was the government officers who were out on the streets to manage the situation and if such officers officials were to fall sick and were not to receive treatment of COVID-19 not only they but the entire citizenry of Delhi would have sufferedThe wheels of administration in the NCT of Delhi would have come to a grinding halt without this much assurance to the officials that they will receive treatment otherwise they would not have been able to discharge their duties without fear They would not have been able to give attention and focus with which they were expected to discharge their duties the bench saidWe are not living in ivory towers We were seeing what was happening in the city during the second wave on a daily basis Thousands of people were looking at the state for some relief the bench saidThe bench added In our view such officers clearly constitute a different class on account of their duties which they were required to perform during the peak of the pandemic They were required to come to duties by stepping out of the comfort of homes and they had no option to remain inside The courts observations came while hearing a plea by Delhi-based doctor Kaushal Kant Mishra challenging the Delhi governments notification reserving rooms in four hotels linked with two hospitals for COVID-19 treatment of officials of various public authorities and their familiesAccording to the Delhi governments April 27 notification 70 rooms in Hotel Ginger at Vivek Vihar here 50 rooms in Hotel Park Plaza in Shahdara and 50 rooms in Hotel Leela Ambience at CBD Ground in Karkardooma linked to Rajiv Gandhi Super Speciality Hospital and all the rooms in Hotel Golden Tulip at Hari Nagar which is linked to Deen Dayal Upadhyay Hospital DDU are reserved for the treatment of officersofficials of Delhi government autonomous bodies corporations local bodies and their familiesMishras counsel argued that creating such exclusive facilities for officers would violate fundamental rights including right to life and liberty of other citizens of Delhi who were seeking COVID-19 treatment but would be deprived of getting it as limited resources will be diverted for treating the officials The court said the submission of the counsel that the resources of the state remained unutilised due to the exclusive reservation given to the officials has no factual basisThe court listed the matter for further arguments on ThursdayThe plea has contended that creating a classification in favour of a certain category of persons was arbitrary and unimaginable when the common man was running from pillar to post in search of oxygen bedsIt violates the right to health by diverting crucial health resources of the community away from the common citizens and in favour of already privileged government officers the petition has saidApart from setting aside the April 27 notification Mishra has also sought quashing of three Delhi government orders of last year as per which initially two dedicated hospitals and one testing laboratory were earmarked for the treatment of such officialstheir families and later the four hospitals were linked to the two government hospitals PTI SKV SKV RKS RKS
New Delhi Aug 25 PTI Judges do not live in ivory towers and have seen the condition of the national capital during the second wave of COVID-19 pandemic the Delhi High Court Wednesday observed while disagreeing with an argument that resources of the state remained unutilised due to the exclusive reservation of facilities for COVID-19 treatment of government officials and their familiesThe court said that the submission of petitioners counsel does not take into account the ground reality of the second wave of the pandemicThere was such a shortage of facilities including oxygen medicines hospital beds oxygenated beds ICUs doctors and paramedical staff that there was no question of any facilities remaining unutilised a bench of Justices Vipin Sanghi and Jasmeet Singh saidThe court said when there was a massive dearth of medical infrastructure during the second wave of the pandemic government officials were risking their lives on the streets to manage the situationIt said the state is obliged to provide medical facilities to all the citizens including those grinding wheels of the administration and when the pandemic was at its height there was a greater need of governance since the fire of the pandemic was raging at its peakThe bench said during the lockdown while the common citizenry were in their homes it was the government officers who were out on the streets to manage the situation and if such officers officials were to fall sick and were not to receive treatment of COVID-19 not only they but the entire citizenry of Delhi would have sufferedThe wheels of administration in the NCT of Delhi would have come to a grinding halt without this much assurance to the officials that they will receive treatment otherwise they would not have been able to discharge their duties without fear They would not have been able to give attention and focus with which they were expected to discharge their duties the bench saidWe are not living in ivory towers We were seeing what was happening in the city during the second wave on a daily basis Thousands of people were looking at the state for some relief the bench saidThe bench added In our view such officers clearly constitute a different class on account of their duties which they were required to perform during the peak of the pandemic They were required to come to duties by stepping out of the comfort of homes and they had no option to remain inside The courts observations came while hearing a plea by Delhi-based doctor Kaushal Kant Mishra challenging the Delhi governments notification reserving rooms in four hotels linked with two hospitals for COVID-19 treatment of officials of various public authorities and their familiesAccording to the Delhi governments April 27 notification 70 rooms in Hotel Ginger at Vivek Vihar here 50 rooms in Hotel Park Plaza in Shahdara and 50 rooms in Hotel Leela Ambience at CBD Ground in Karkardooma linked to Rajiv Gandhi Super Speciality Hospital and all the rooms in Hotel Golden Tulip at Hari Nagar which is linked to Deen Dayal Upadhyay Hospital DDU are reserved for the treatment of officersofficials of Delhi government autonomous bodies corporations local bodies and their familiesMishras counsel argued that creating such exclusive facilities for officers would violate fundamental rights including right to life and liberty of other citizens of Delhi who were seeking COVID-19 treatment but would be deprived of getting it as limited resources will be diverted for treating the officials The court said the submission of the counsel that the resources of the state remained unutilised due to the exclusive reservation given to the officials has no factual basisThe court listed the matter for further arguments on ThursdayThe plea has contended that creating a classification in favour of a certain category of persons was arbitrary and unimaginable when the common man was running from pillar to post in search of oxygen bedsIt violates the right to health by diverting crucial health resources of the community away from the common citizens and in favour of already privileged government officers the petition has saidApart from setting aside the April 27 notification Mishra has also sought quashing of three Delhi government orders of last year as per which initially two dedicated hospitals and one testing laboratory were earmarked for the treatment of such officialstheir families and later the four hospitals were linked to the two government hospitals PTI SKV SKV RKS RKS
