High CourtsDivision Bench(2020) 12 PAT CK 0139

Aditi Hansaria vs State Of Bihar And Ors

Patna High Court · Decided on 16 December 2020

HON’BLE JUDGES
Sanjay Karol, CJ · S. Kumar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 7207 Of 2020

AI Structured Summary

Not yet generated for this judgment

Judgment

41 paragraphs · 720 words

Petitioner has prayed for the following relief(s):

“1.(a) To issue an appropriate writ(s)/order(s)/direction(s) in the nature of Mandamus commanding the Respondents to disclose the present line of

treatment and holistic care for different types of corona patients.

(b) To issue an appropriate writ(s)/order(s)/direction(s) in the nature of Mandamus commanding the Respondents to disclose the Standard Operating

Procedure being followed in the State of Bihar for collection, testing, reporting and home quarantine of the corona patients.

(c) To issue an appropriate writ(s)/order(s)/direction(s) in the nature of Mandamus commanding the Respondents to increase real-time Reverse

Transcription-Polymerase Chain Reaction (RT-PCR) for COVID-19 (swab-based) in addition to the Rapid Antigen Test (blood-based).

(d) To issue an appropriate writ(s)/order(s)/direction(s) in the nature of Mandamus commanding the Respondents to ensure door-to-door collection of

samples throughout the State of Bihar with the help of the vast network of private pathological laboratories.

(e) To issue an appropriate writ(s)/order(s)/direction(s) in the nature of Mandamus commanding the Respondents, in the alternative, to establish Covid

Testing booths in specified local geographical areas throughout the State of Bihar so that the facility of testing can reach the maximum number of

persons;

(f) To issue an appropriate writ(s)/order(s)/direction(s) in the nature of Mandamus commanding the Respondents to ensure online delivery of all

reports within reasonable time so that the patients do not have to come to the Hospitals/designated centres thereby put all stakeholders at further risk

and vulnerability.

(g) To issue an appropriate writ(s)/order(s)/direction(s) in the nature of Mandamus commanding the Respondents to disclose the number of isolation

beds in the State of Bihar and also take effective steps to increase the number of beds given the large population of the State.

(h) To issue an appropriate writ(s)/order(s)/direction(s) in the nature of Mandamus commanding the Respondents to establish and operationalise

quarantine centres throughout the State of Bihar so that the persons testing positive for Corona can be quarantined and the spread of the disease can

be checked.

(i) To issue an appropriate writ(s)/order(s)/direction(s) in the nature of Mandamus commanding the Respondents to direct all the private

hospitals/clinics throughout the State of Bihar to admit Corona patients and administer affordable treatment as per the established protocols.

(j) To issue an appropriate writ(s)/order(s)/direction(s) in the nature of Mandamus commanding the Respondents to set up complete infrastructure for

plasma therapy of Corona patients and collect plasma from all patients being treated through State exchequer.

(k) To issue an appropriate writ(s)/order(s)/direction(s) in the nature of Mandamus commanding the Respondents to display all district-wise date

related to availability of beds, availability of doctors and nurses, number of tests conducted, etc. On the digital platform/website.

(l) To issue an appropriate writ(s)/order(s)/direction(s) in the nature of Mandamus commanding the Respondents to ensure the availability of all the

latest drugs for treatment of Covid-19 at all Primary and District Health Centres for effective treatment of Corona patients.

(m) To issue an appropriate writ(s)/order(s)/direction(s) in the nature of Mandamus commanding the Respondents to ensure effective and safe

disposal of bodies of dead Corona patients and bio-medical waste related thereto in order to safeguard the Doctors, Nurses and patients from further

spread of the virus.

(n) To any other relief(s) that the Petitioner is entitled to in the facts and circumstances of the case.â€​

Learned Advocate General states that the matter is now being directly monitored by Hon’ble the Apex Court and, as such, it would be prudent

that the present proceedings are closed, subject to further orders which may be passed by Hon’ble the Apex Court in Suo Motu Writ Petition

(Civil) No. 7 of 2020, titled as In Re The Proper Treatment of Covid 19 Patients and Dignified Handling of Dead Bodies in the

Hospitals Etc., in which State has sent for filing an affidavit. The said affidavit deals with the very same issue, subject matter of the present petition.

In view of the statement made by the learned Advocate General, learned counsel for the petitioner prays that the present proceedings be closed

reserving liberty to take appropriate action in accordance with law, including filing a fresh petition, if otherwise permissible in law.

Also he shall, if required, file an appropriate application in the proceedings pending before Hon’ble the Supreme Court.

The instant petition stands disposed of in the aforesaid terms and liberty.

Interlocutory Application(s), if any, shall sand disposed of.