 "Supreme Court")
The Supreme Court Monday asked the Gujarat government to apprise it whether the report of a commission of inquiry headed by Justice D A Mehta (retd), which had probed two incidents of fire at hospitals in Rajkot and Ahmedabad in 2020, has been tabled in assembly and if not, by when it will be done.
A bench of Justice DY Chandrachud and Justice Hima Kohli also asked the Gujarat government to file an affidavit indicating steps taken in view of the findings of the Justice Mehta (retd) commission.
The top court was hearing a suo motu matter on the proper treatment of COVID-19 patients and dignified handling of the dead in the Gujarat hospitals in which it had taken cognizance of fire incidents during the peak of COVID-19 pandemic in 2020.
At the outset, senior advocate Dushyant Dave, appearing for some of the kin of victims of fire incidents said some kind of strict action is needed and court must take note of the incident, which had happened in Gujarat on Sunday.
The bench told Dave there are so many aspects in this suo motu matter and aksed him to be specific on what is to be dealt with first.
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Dave said he is appearing for kin of victims of fire incidents, who have died in the hospitals.
The bench said this matter is confined to Gujarat only to which Dave replied that the court has taken cognisance of the fire incidents in the state but similar directions are needed for pan-India.
"There are no safety measures. No NOCs taken. Hospitals are being run in five-six storeys buildings in residential areas, where even fire tenders cannot approach.
"This is culpable homicide. People are being killed. They are being suffocated in case of any fire tragedy", he said.
Dave said there is no doubt that hospitals are needed but they should be in commercial and not residential areas.
Counsel appearing for one of the intervenors pointed out that Gujarat government has recently come out with an ordinance to regularise the unauthorised constructions in the state.
Dave said this court has last year stayed a similar notification in which the state government attempted to regularise the unauthorised construction and now they have come out with an ordinance.
The bench said it cannot deal with the validity of the ordinance in the suo motu matter and it has to be challenged separately.
The bench then asked for the counsel, appearing for Gujarat government, to which it was informed that no one is available.
Advocate Rajat Nair, told the bench that though he is appearing for the Union of India, he can say that a one-man commission was appointed by the state government to inquire into the fire incidents and it has filed its report.
The bench said that if the commission was appointed under Commission of Inquiry Act then the report has to be first tabled in the Assembly and asked whether that has been done.
The top court ordered the counsel for Gujarat to apprise it whether the report of the commission has been tabled in the assembly and if not, when it will be done.
It asked him file an affidavit indicating the state's plan of action pursuant to the findings of the commission and listed the matter after November 7.
On August 27, last year the top court had asked the Gujarat government to table on the first day of its next assembly session the report of commission of inquiry headed by Justice D A Mehta (retd).
During the hearing, the top court had asked the counsel appearing for Gujarat government, under what provisions a notification which extended the deadline by three months for hospitals to rectify the violations of building by-laws, was issued by the state and how such notification can be sustained.
She had replied that under section 122 of Gujarat Town Planning and Urban Development Act, the notification was issued and added that the government has taken a "pragmatic" approach in view of likely third wave of the COVID-19.
On July 19, last year, the top court had observed that hospitals have become like huge real estate industries instead of serving humanity in the face of COVID-19 tragedy.
It directed that 'nursing homes' running from two to three-room flats in residential colonies which pay little attention to fire and building safety norms, should be closed.
It had pulled up the state government for extending the deadline till July next year for hospitals to rectify the building by-laws violations, and said the "carte blanche" notification was in teeth of its order of December 18, 2020 and people will continue to die in fire incidents.
On December 18, 2020, the top court had directed all states to constitute a committee in each district to conduct fire audit of COVID-19 hospitals at least once a month, inform the management of medical establishments about any deficiency and report to the government for taking follow up action.
It had directed that all states and Union Territories should appoint one nodal officer for each COVID hospital, if not already appointed, who shall be made responsible for ensuring compliance of all fire safety measures.
It had taken note that Gujarat government has appointed Justice D A Mehta-led commission to undertake enquiry with regard to fire in Shrey Hospital, Navrangpura, Ahmedabad, in addition to enquiry into the incident of fire in Uday Shivanand Hospital, Rajkot.
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