The Calcutta High Court on Tuesday directed the West Bengal government and the Union of India to file affidavits disclosing the availability and utilisation of personal protection equipment (PPE) and COVID- 19 testing facilities in terms of ICMR guidelines in the state.
Passing the order, a division bench comprising Chief Justice T B N Radhakrishnan and Justice Arijit Banerjee observed that unless the Union of India and the governments of various states work hand in hand, the desired results in controlling the novel coronavirus would be difficult to achieve.
The bench passed the directions on a PIL by petitioner Fuad Halim, a doctor and a CPI(M) leader, who claimed before the court that the guidelines issued by the Indian Council of Medical Research (ICMR) and the World Health Organisation (WHO) for tackling the COVID-19 pandemic were not being adhered to by the State of West Bengal and that adequate tests of samples were not being done.
The bench directed the Centre and the West Bengal government to file the affidavits by April 30, when the matter will be taken up for hearing again.
The bench said since it is a matter of information and in public domain that West Bengal has lost two doctors, stated to be due to COVID-19, it requires state Advocate General Kishore Dutta to ascertain the availability of sufficient PPE to be provided to all frontline warriors, including doctors, paramedics, and those dealing with medical institutions and also other areas where PPE usage ought to be the norm.
It said that "the Union of India is also required to respond as to its view on the management of COVID-19 in the State of West Bengal."
The court said tat while the petitioner's lawyer Bikash Bhattacharya made repeated complaints about the deficit in the number of sample testing, it is to be noted that there is lack of certainty as to whether the rapid testing method, as well as other modalities, are appropriately utilised.
"This is essentially a matter of governance and ultimately to be left to the governments and not for judicial review unless it becomes imminently necessary in a situation," the bench said.
It further observed that the manner in which the pandemic contagiously spreads beyond all geographical and political domains is a reason good enough for the Union of India and the states to ensure that every requisite step is taken to guard the people and protect their lives and also to ensure that the pandemic is controlled.
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