XXXX Vs. PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM

JUDGEMENT

(1.) Both these Public Interest Litigation petitions raise a common issue relating to an incident which took place at Udali Model Hospital, Hojai on 1/6/2021, wherein medical workers including a doctor named Seuj Kr. Senapati was assaulted by the near relatives and attendants of a COVID-19 patient who succumbed to the same. A letter was addressed by Ms. Sneha Kalita, Advocate on Record, Supreme Court of India drawing the attention of this Court based upon two press releases dtd. 1/6/2021 by the Junior Doctors Association of the Gauhati Medical College and Hospital and the Assam Medical College and Hospital. The same was treated as a suo motu PIL, whereas one public spirited citizen named Asif Iqbal, a resident of Tinsukia has filed PIL No. 33 of 2021 for an appropriate direction directing the respondent authority to take cognizance and impose fine upon the persons who violate COVID-19 protocol and Government guidelines, with a further direction to ensure that the hospital authorities intimate the family members of the patients about the health status of the patient via SMS, on-line or any alternative mode and also to place a cap on the bills during the COVID-19 pandemic. The petitioner has also prayed for a relief directing the respondent authority to utilize the money collected as fine from the persons who violate the COVID-19 protocol by distributing mask and sanitizer to the needy poor people, beggars etc.

(2.) Heard Ms. Sneha Kalita, learned Advocate for the Gauhati High Court. Also heard Mr. D. Saikia, learned Advocate General, Assam, assisted by Mr. D.P. Borah, learned Standing Counsel, Health Department; Ms. N. Bordoloi, learned Standing Counsel, Revenue Department and Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam.

(3.) Ms. Sneha Kalita, learned counsel contended that the incident which took place on 1/6/2021 at Udali Model Hospital, Hojai should be properly handled by the State authorities and this Court should issue appropriate directions directing the State authorities to implement the provisions of the Assam Medicare Service Persons And Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2011. It was contended by Ms. Kalita that appropriate victim compensation should be given to those affected by such uncalled for violence on medicare service persons including doctors. According to Ms. Kalita, the steps taken by the State Government are either half-hearted or insufficient and, hence, appropriate direction deserves to be issued by this Court. Ms. Sneha Kalita has drawn the attention of this Court to the written submissions submitted by Mr. Vijay Hansaria, Senior Advocate, who appeared before this Court in the matter as well as Ms. Kalita herself and contended that appropriate directions should be given to the State authorities.