The Bombay High Court has said that at least some portion of the money which is lying in the account of Collector, Nagpur can be directed to be made over to PWD (Electrical), Nagpur to immediately start work relating to installation of fire safety equipment at Indira Gandhi Medical College (IGMC), Nagpur.
The Nagpur Division Bench of Justice Sunil B. Shukre and Justice Vrushali V. Joshi heard a number of Public Interest Litigations (PILs) including a Suo Motu PIL related to the issue of medical condition during the Covid 19 Pandemic.
S.P. Bhandarkar, amicus curiae and Additional Government Pleader, submitted before the Court that a substantial amount of funds collected from and out of the CSR funds of various companies and corporations is lying in balance and therefore, a portion of it can be spent for taking forward the cause of the patients in Vidarbha region.
The Amicus Curiae further submitted that installation of fire safety mechanism at IGMC is pending since long and if the fire safety measures are taken immediately, it would serve the cause of the patients and also would amount to making compliance with various orders passed by this Court in the other connected matter.
The Additional Government Prosecutor submitted the Committee headed by Justice M.N. Gilani (retired) now requires approximately an amount of Rs 50,00,000 for making payment to the complainants /patients and a direction in this regard can also be issued to the Collector, Nagpur in whose account the money is lying.
Accordingly, the Bench directed District Collector, Nagpur to make over an amount of Rs 1 crore from and out of the amount lying the in the account of Collector, Nagpur which is a part of the direction issued by this Court in the present PIL, to Executive Engineer PWD (Electrical), Nagpur for the purpose of starting the work of installation of fire safety mechanism at IGMC and Hospital, Nagpur, which shall be done on or before the next date.
The High Court further directed District Collector, Nagpur to release and disburse the amounts to various patients/complainants as per the directions received by him from the Committee headed by Justice M.N. Gilani (retired) from time to time, which amount, in total shall not exceed the sum Rs 50,00,000. If this amount exceeds the sum of Rs 50,00,000, prior permission of this Court shall be taken.
The Amicus Curiae invited attention of the High Court to various directions issued by the Court on 30.06.2021. While issuing the directions, the Court had emphasized upon the need for being always in the state of preparedness to meet any kind of emergency, which may arise on account of resurgence of Covid-19 pandemic or any other similar situation. The Court had also noticed that the infrastructure and medical equipment available at Primary Health Centres, Rural Hospitals and District Hospitals were wanting in many respect.
Considering all these factors, this Court had initiated an exercise to ensure that medical facilities, infrastructure, medicines and all other requirements at Primary Health Centres, Rural Hospitals and District Hospitals were up to the mark and with that view in mind, the Court desired to have before it requisite information.
Accordingly, the authorities namely, Divisional Commissioner Nagpur, Divisional Commissioner Amravati, Civil Surgeons of all the districts in Vidarbha Region and District Health Officers of all the districts were directed to place on record the entire information, disclosing number of Primary Health Centres, Rural Hospitals and Districts Hospitals and other related information. These directions, as pointed out by learned amicus curiae, are yet to be complied with. The Court again directed the authorities to comply with these directions and place the requisite information before the Court on or before the next date.
The matter has been listed on 01.03.2023 for further hearing.