Leave granted.
The impugned judgment dated 09.03.2018 decided Public
Interest Litigation (PIL) No. 14588/2009 filed by Snehalata Singh @
Salenta and others against the State of Uttar Pradesh and others,
whereby several directions were issued to the State Government,
through the Chief Secretary, on maintenance of hospitals by the
State of Uttar Pradesh, including hospitals in medical colleges and
Universities.
While we understand the importance of the issue involved and
that the High Court can always interfere when the facts and
circumstances so warrant, we are clearly of the view that certain
directions that were given did not fall within the four corners of
Digitallythesigned by writ powers exercised by the High Court, for several reasons,
Deepak Guglani
with day-to-day administration.
This Court, while issuing notice in Civil Appeal @ SLP(C) No.
9299/2018 vide order dated 14.05.2018, had stayed clauses (d) to
(h) of Direction No. (xiii) and Direction No. (xiv) in paragraph
146 of the impugned judgment, which read thus: -
“(xiii) In the matter of appropriate treatment at
Trauma Centres, State Government shall ensure
transportation of patients to Trauma Centres. One of
important step which needs immediate care is that
unobstructed smooth passage be made available to
ambulances carrying such patients. This aspect needs
effective Traffic Management on roads and other
requisite preparation. On this aspect we issue
specifically following directions to Principal
Secretary Home; Transportation as also Director General
of Police, U.P.:
(d) After carrying on above Awareness
Programme for two months, entire Traffic
Police Force including other Police Personnel
shall ensure clear passage, proper parking of
vehicles, non-encroachment of roads etc. and
any person violating the same should be fined
heavily.
(d) Local Traffic Police people, if any
congestion is caused, should be held
personally responsible and appropriate strict
action be taken against them.
(e) Any damage suffered by injured/serious
patients due to obstruction in smooth passage
for ambulances etc. must be held a criminal
liability, besides civil, of the person(s)
creating such obstruction as also the persons
responsible for management of traffic
including traffic Police Personnel. (f) In residential areas where people park
their vehicles outside their residences or in
commercial areas where also people park
vehicle on roads etc. due to non-availability
of parking space in their residences or
commercial places, responsibility shall be
fixed upon the residents and persons running
commercial activities without providing
parking space, by imposing heavy penalty etc.
(g) Immediate requisite provisions be made
prohibiting registration of Auto vehicles
unless purchaser has sufficient parking place
at their private places. In other words,
Government should make provision restricting
purchase of new vehicles and registration
thereof unless person(s) purchasing vehicle
have parking place at their residences.
(h) State Government shall also take
immediate steps for providing dedicated
corridors for movement of vehicles of
essential service as an honour of fundamental
right to patients and injured people to get
quickest medical services and travel on road
without any obstructions and also to ensure
other essential services to be carried out
without obstruction. In other words, a
dedicated corridor shall be prepared for
movement of ambulances carrying patients
which is also a part of Trauma Care Facility
and even otherwise, quick movement of
ambulances for timely availability of medical
services is fundamental right of patients and
healthy people traveling on road are also
under an obligation not to create any
obstruction in life saving vehicles, like
ambulances and a clear passage has to be
maintained at any cost.
(xiv) Special Committees at District and Block levels
be constituted on permanent basis which may have
participation of common people and members of society
to monitor proper functioning of Medical Care Centres
of State and regular availability of requisite
instruments, apparatuses, medicines etc. and also
effective careful service to poor patients.”
The order dated 14.05.2018 also modified Direction No. (xv),
to the effect that it should be confined to patients and one
attendant. Direction No. (xv) had directed as under: -
“(xv) Free food to patients and their attendants shall
also be ensured in all State run Medical Care Centres
so that for want of appropriate diet, poor people may
not suffer while undergoing treatment.”
The order dated 14.05.2018 also permitted the High Court to
proceed to decide I.A. No. 4/2018 filed in Public Interest
Litigation (PIL) No. 14588/2009. However, we are not informed about
the order that was finally passed in the said I.A.
Having regard to the facts and circumstances of the case, we
are of the view that the interim order passed by this Court on
14.05.2018 requires to be confirmed and accordingly, to that
extent, the said directions given by the High Court in paragraph
146 of the impugned judgment will be treated as set aside/modified.
It will be open to the writ petitioners to file a fresh writ
petition, if warranted, stating all the facts and circumstances and
placing the relevant data before the High Court for execution/
implementation of the decision/directions in the judgment dated 09.03.2018 passed by the High Court, as modified by this Court. If
any such writ petition is filed, the same may be considered and
examined on merits.
Recording the aforesaid, the appeals are disposed of.
Pending application(s), if any, shall stand disposed of.