Covid-19 deaths: SC issues notice to Centre, Delhi, Maha, WB, TN on ‘horrendous’ situation

Satya Prakash

Tribune News Service

New Delhi, June 12

Terming the situation created by COVID19 pandemic in the capital, Maharashtra, Tamil Nadu and West Bengal as "horrendous", the Supreme Court on Friday issued notices to the Centre and these states asking them to explain the lapses in treating patients and offering a dignified departure to the dead.

A Bench of Justice Ashok Bhushan, Justice SK Kaul and Justice MR Shah said media reports indicated a sorry state of affairs in handling of COVID19 crisis by some of the states.

As Additional Solicitor General Sanjay Jain, representing the Delhi Government, said, "We accept notice", the Bench shot back, "You have to do more than accepting the notice."

"There are states where bodies were found in garbage bins. They are being treated worse than animals," the Bench said.

Asking the Centre and states to file their responses, it posted the matter for further hearing on June 17. Chief secretaries of Delhi, Maharashtra, Tamil Nadu and West Bengal are required to file status reports on handling of the pandemic.

The top court issued a separate notice to LNJP hospital in the national capital seeking its response.

With bodies of COVID19 victims piling up in the capital and decent cremation/burial becoming rare, former law minister Ashwani Kumar had on Wednesday written to CJI SA Bonde and other judges of the top court urging them to enforce the court’s own rulings on the right to die with dignity. 

The Supreme Court took suo motu cognisance of Kumar's letter and converted it into a PIL.

"What is happening? Mumbai, Chennai are increasing testing but your testing has gone down from 7,000 to 5,000. This is a horrendous situation. Look at the treatment of patients. Patients are crying and no one is looking after them," the Bench said.

Solicitor General Tushar Mehta said, "I saw pictures yesterday which were shocking. Even the right to decent departure is enshrined under Article 21."

"Look at the condition of hospitals...Bodies are there in the wards. Mumbai is testing 16,000 to 17,000 whereas in Delhi it’s falling below 7,000. Media has highlighted this issue," the Bench said, adding, "We are more concerned about the living ones than those dead."

It said there were instances when the relatives of the deceased were unable to attend their funerals. "This is a very sad condition," it said.

The top court said, “The Solicitor General has shown government directives issued on March 15 for handling of dead bodies. But no one is following the directives. Relatives are not being informed of the death."

On the issue of COVID19 testing, the top court said, "Whoever requests for tests, the request can't be denied on technical grounds. The Government may consider simplifying the procedure so that more and more tests are done. Apart from Delhi, there is a grim situation in Maharashtra, Tamil Nadu and West Bengal.

It said COVID19 cases were increasing everyday in Delhi, Mumbai, Chennai and Ahmedabad and had reached 10,000 a day. 

"How can tests go down? Non-testing is not the solution. Increasing the number of tests is the duty of the state so that people can know their (COVID19) status," the Bench said.

"COVID19 patients are running from pillar to post to get admitted whereas a large number of beds in government hospitals are lying vacant. State is duty-bound to provide staff to man the wards. Media reports have shown pathetic condition of patients which has pained this court," the Bench said.

"It was shown that patients had no oxygen support. No saline drips were shown with the bed. This was the condition of JP Hospital which has been turned into a COVID19 hospital by the government. This is a 200-bed hospital," it said.

It mentioned a TV report broadcast on June 10 which showed the deplorable condition of patients and medical wards in Delhi. "Dead bodies were not only in the ward but lobby and waiting area," it noted.