Gujarat HC lambasts state govt for painting a ‘rosy picture’ while ground reality of COVID crisis is different

Responding suo motu to a PIL on the surge of COVID-19 cases, Gujarat High Court on Tuesday lambasted the state government saying that “your affidavit has presented a rosy picture but the ground reality is totally different.”

The division bench of the Gujarat High Court headed by the Chief Justice lashed out at the state government saying it is functioning only on paper and the situation has become grave because it is not functioning in the right and transparent way. “We are not at all happy with this,” the High Court commented.

The High Court asked if the government was adequately prepared to provide medical care if the number of coronavirus infected people doubles up by May 1. “Is the state government making preparations only for the people of Ahmedabad city whereas the pandemic situation in other districts of the state is equally bad?” the court said.

The court expressed its displeasure over the policy that only patients brought by the ambulance of emergency medical service 108 are being treated in hospitals while others who come to the hospital in private vehicles are being refused admission.

While the state government claimed that it is providing medical treatment to all patients, the Ahmedabad Municipal Corporation is providing treatment to only those patients who are brought by the 108 emergency ambulance service. To this, the High Court asked the advocate general whether AMC does not come under the state? How can the AMC tell the patient that treatment cannot be given because the patient had come in a private vehicle?

In his reply, advocate general Kamal Trivedi said all the hospital beds will be filled up immediately if all other patients are also admitted.

The High Court asked if the government was prepared to provide beds for more patients in future because in the prevailing situation of the corona pandemic the number of active COVID-19 patients would double in the month of May. “Is the government prepared to provide sufficient hospital beds?” the High Court asked.

When the government cited the newly created 900-bed hospital on the GMDC ground in the city inaugurated recently by Union Home Minister Amit Shah, High Court asked if “the situation is bad only in Ahmedbad? What about other districts?”

The chief justice asked the advocate general why people were running pillar to post for Oxygen? Why is there a scramble among people to get Oxygen cylinder? How does one get Oxygen?

In reply to this question, the advocate general said the state government gets Oxygen from the central government and then the state government supplies it to hospitals through a specific chain. To this, the court commented “But all this is only on paper. Ground reality is totally different.”

Advocate general Kamal Trivedi then told the court that AMC will be instructed to provide treatment also to patients brought to the hospital by means other than the 108 ambulance. It will also inform the government to change the policy from ‘first come first served’ rule to ‘first serve the priority patients’.

The High Court responded by saying that the government should “ first make all necessary arrangements” and should not later say that the situation has become worse.

The court noted that the situation is becoming so grave that people should avoid going out from home without urgent work. It won’t do any harm if one does not earn for a week. But, people too should understand their responsibility.

The High Court told the government to deploy a doctor and a team to examine the patient who comes to the hospital. If the patient is in a critical condition, a bed should be given to him and if he needs home isolation then the patient should be advised accordingly. “But give him such treatment that gives him physical and mental satisfaction. How can a doctor refuse treatment because the patient had not come by the 108 ambulance service?”, the High Court said.

The court directed the state government to come with an action plan before May 4.