HIGH COURT OF MEGHALAYA BAR ASSOCIATION Vs. UNION OF INDIA
LAWS(MEGH)-2020-9-20
HIGH COURT OF MEGHALAYA
Decided on September 07,2020

High Court Of Meghalaya Bar Association Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

H.S.Thangkhiew, J. - (1.) Noted that an additional affidavit on behalf of the respondent No. 12, in terms of order dated 24.08.2020 has been filed. Also noted that the report of the Committee constituted by the Health Department, Government of Meghalaya dated 04.08.2020 has also been filed and placed on record.
(2.) By order dated 24.08.2020, this Court had expressed its concern with regard to the married BSF personnel returning with their families who were not given the same assistance or accorded the same treatment given to other personnel, and were made to make their own arrangements for travel and transit. By way of the additional affidavit, the Deputy Inspector General, Ftr. HQ Border Security Force, Shillong (Respondent No. 12) has stated therein that to address this situation, and ensure uniformity in the implementation of guidelines and protocol to all its personnel irrespective of their marital status, a meeting was held on 03.09.2020 which was chaired by the Commissioner and Secretary, Health and Family Welfare Department, Government of Meghalaya and attended by the representatives of the respondent No. 12. At the said meeting, it was decided that the same protocol will be applied to the family members of BSF personnel. Pursuant to this decision, the respondent No. 12 issued an order dated 05.09.2020 which is reproduced herein below:- "GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, HEADQUARTER MEGHALAYA FRONTIER, BORDER SECURITY FORCE SHILLONG No. 02/Megh/PA to PSO/Covid-19/2020/326-342Dated 5th Sept' 2020 /// ORDER/// Whereas, in respectful compliance of Court order dated 24.08.2020, of the Hon'ble High Court of Meghalaya, passed in PIL No. 4 of 2020 and on the basis of decision taken in the meeting dated 03.09.2020, held with the Commissioner and Secretary to the Government of Meghalaya, Health and Family Welfare Department, the following instructions are issued in r/o all BSF personnel of BSF, Meghalaya Ftr, who are coming into the State of Meghalaya in connection with their duties:- i) Henceforth, all BSF personnel of Meghalaya Frontier who are coming to the State of Meghalaya, whether alongwith their families or without, will report at BSF Transit Camp, located at Geetanagar (Guwahati). From there, after preliminary medical screening, they will be transported to their respective campuses. On arrival at BSF campus, they will be tested for COVID-19 diagnostics by BSF medical team and thereafter, on the basis of the outcome of test, either they will be put under quarantine at earmarked centres or at their home or shifted to dedicated COVID Health care centre of the BSF, as the case may be. The protocol of Management of COVID-19 issued by Govt. of Meghalaya from time to time will be strictly complied with. ii) The returnees placed under quarantine will not leave their institutional quarantine Centres/Home till completion of their quarantine period or approval of concerned medical authority, whichever is later. iii) The essential requirements of BSF personnel and their family members who are under Home quarantine outside BSF campus will be supplied by BSF. 2. Violation of said instruction by the individual or concerned officials shall attract disciplinary action under the BSF Act and Rules. Sd/ 05.09.2020 (D HAOKIP) DIG (PSO) Ftr. HQ BSF Meghalaya Copy to :- 1. All SHQrs and Units under Megh Ftr :- These instructions be disseminated to all the Force personnel who are on leave as on date. 2. Ops/ADM branch, Ftr HQ Megh : -do- 3. CH, BSF Shillong and Medical branch of this HQ' :- For info pse. This Court notes with appreciation the positive steps that have been taken in this regard. However, Ms. A. Paul, learned ASG has pointed out that meetings are still yet to be held between the State authorities and the other Armed Forces/CAPF in connection with the modalities of movement and transit of their personnel. Mr. A. Kumar, learned Advocate General submits that he may be allowed to seek instructions and to apprise the Court on the next date fixed. The report into the medical and technical aspect on the reported refusal of admission of a pregnant lady on 28.07.2020, at Ganesh Das Government MCH Hospital, and subsequent death of the child has also been perused. The conclusion as arrived at in the report, is that there was no fault intentional or otherwise with the doctors and staff of the said Hospital in the overall management of the patient, and that no evidence of medical negligence could be discerned in the matter. Mr. S.P. Mahanta, learned Senior counsel on behalf of the petitioner Association, however, submits that there have been some lapses on the part of the staff at Ganesh Das Hospital and prays that he be allowed to file an affidavit in this regard to give details of the same. The prayer is allowed. There being no other pressing issues raised by the parties, list this case on 15.09.2020 for the said affidavit and for further orders. ;


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