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HC seeks details of finances, other aspects of last four Darbar Moves
Asks Principal Secy Home to present status report on 4G internet services in J&K; passes slew of directions
4/11/2020 11:04:14 PM
Early Times Report
jammu, Apr 11: Jammu and Kashmir High Court has directed the administration to provide details of employees, security and finances incurred in last four Darbar Moves.
Hearing a Public Interest Litigation (PIL) a Division Bench comprising Chief Justice Gita Mittal and Justice Rajnesh Oswal directed GAD Secretary, Finance Secretary and Director General of Police to provide the details.
During the course of hearing, Advocate Faisal Qadri, said that Darbar Move which is to take place in the last week of April entails movement of thousands of government personnel at all levels and the shifting of complete administrative machinery, records etc. "The submission is that any move of the government should be postponed till COVID-19 infection issues are addressed."
He submitted that the COVID-19 infection is spreading at an extremely fast pace in the Kashmir, especially in Srinagar city itself and that the current infected tally has reached over 150 persons. Already three deaths have been reported in the Valley. It is pointed out that in Jammu and Kashmir the available medical facilities are woefully inadequate even at the best of times. These facilities certainly are insufficient and would be grossly deficient to meet needs of the COVID-19 pandemic.
"Serious review is required to be undertaken with regard to advisability of effecting the Darbar Move in the current state of affairs for the reason that it would put an unbearable strain on all facilities in the Valley and therefore could deeply endanger the health and even lives of the locals as also of the large number of persons who would be required to move from Jammu," he added.
Advocate Shafqat Nazir from the Srinagar submitted that funds are needed very badly to look after patients who are suffering from COVID-19 infections and related issues. "Effecting the Darbar Move at this stage would be at a huge expense which is completely unwarranted and results in unnecessary squandering of financial resources of the Government," he added.
The Division Bench after hearing the counsels observed that it is necessary to have firm information with regard to the implications of the Darbar Move in these times. It's impact on the necessary resources at this stage; on the personnel involved (positions and number); financial implications; arrangements (transport, accommodation, security etc) involved and other relevant matters. Past experience would lend guidance to our consideration.
The Division Bench directed the J&K UT administration to provide details of the government officials at all levels (position/category-wise) who were involved in the four Durbar Moves in the year 2018 and 2019. The information be provided in a tabulation with also the total figures.
During the course of hearing Advocate Monika Kohli Amicus Curiae made a vehement submission that on account of non-availability of the 4G services, the students in the Union Territory are unable to access the educational courses being sent by institutions in order to enable the students to cope with the classes which they are missing.
The DB directed that a status report on this issue be placed by the Secretary, Home Department of the UTs of Jammu and Kashmir as well as Ladakh.
Regarding issue of impact of pollen from poplar trees, Division Bench observed that the two reports brought to our notice by Mr Iqbal refer to views of several experts doubting the correctness of the statement that the fluff generated by the Poplars could be effecting respiratory diseases or would impact spread of the COVID-19 infection.
The DB observed that in view thereof, it is necessary that the very basis of the issue and desirability of felling of female poplar trees needs to be revisited before these trees are felled. It also cannot be denied that there is grave urgency in the matter."The Chief Secretary of the J&K UT will constitute a committee headed by the Principal Chief Conservator of Forests and other experts on trees, medicine, respiratory diseases and other subjects relevant to the issue within four days from today."
The DB directed that the Secretaries, Health and Forest Departments shall thereafter take a considered view on the report of the Committee and place the same before the Chief Secretary for consideration at the earliest and the final recommendations shall be placed before us at the earliest.
Regarding needs of healthcare personnel, the DB observed that this is very important matter and needs urgent attention of the authorities and the action taken report be placed before us by Secretary, Health Department positively.
Regarding ensuring provision of care to dependants/families of healthcare personnel/government personnel/officials engaged in COVID-19 management, the Division Bench observed that on this issue, a status report has been filed by the Principal Secretary of the Social Welfare Department. This report again refers to a mere circular dated 8th April 2020 issued by him. Other than the circular, reference has been made to general measures taken in respect of people at large.
The DB said, "We have drawn the attention of the authorities to a specific issue regarding the welfare of COVID-19 warriors which is required to be addressed on priority. We expect a specific response to the issues flagged by us in the order dated April, 3, 2020."
Regarding removal of lockdown-desirable public response-provision of information, the Division Bench observed that a report dated 8th April 2020 has been filed by the Director Information through Advocate Rajesh Kumar Thapa, GA. This report refers to the manner in which the information shall be publicized.
The DB observed that neither the plan nor the information which is to be publicized has been conceptualised. A report in this regard was required to be placed by the Secretary, Department of Health and Medical Education, and the Secretary, Health and Medical Education as also Member Secretary, Jammu and Kashmir State Legal Services Authority examine the concerns flagged by us in our order dated 3rd April 2020 and place a report before us.
The DB directed the Secretary, Social Welfare Department and the Director, Information shall also ensure that all relevant information especially the telephone numbers are given adequate publicity so that they are known to the public at large.
On availability of safety equipment to healthcare professionals, the Division Bench observed that the report in this regard has been submitted. It is confirmed that adequate personal protective gears, N-95 masks, triple layer masks, hand sensitizers, gloves and other material are available to meet the requirement.
The DB directed the Health and Medical Education Department to ensure that adequate equipment of every kind is available for the health care personnel and all other personnel involved in any aspect of COVID-19 issues.
During the course of hearing it is submitted by Altaf Naik, Advocate and K. S. Johal, Senior Advocates that the welfare of pregnant women; neonates (new borns) and infants has to be also specially taken care of.
The Division Bench directed the Secretary, Health and Medical Education to look into this issue and put out a protocol(if the same is not already in place).
In one of the application filed by Ateeb Kanth, advocate pointed to the deficiencies in the availability of the test kits and ventilators in Srinagar.
Kanth pointed out in the status report filed by the Secretary, Health and Medical Education Department, there is no reference to the sufficiency of availability of test kits and ventilators in the Union Territory of Jammu and Kashmir. It was informed by Faisal Qadri that 'Athroout' a NGO had offered six ventilators to the GMC, Srinagar which have been refused.
The DB directed the Secretary Health and Medical Education Department place a status report with regard to the availability of test kits and ventilators in adequate numbers in J&K before the next date and also directed Secretary, Health and Medical Education ascertain the circumstances in which these ventilators were refused, if the same were offered.
The DB also directed Sanjeev Tyagi, the nodal officer of BSNL to collaborate with Abhay Kumar, SIO NIC, J&K and address the any issue, court wise, being faced by the BSNL which is required to be addressed by NIC, so that the matter of making available the e-facilities to all courts is addressed with the seriousness.
The DB directed V K Singh Director General (Prisons) to place before the court details of the detenues from Jammu and Kashmir who are lodged in six jails in Uttar Pradesh and two jails of Haryana. —(JNF)
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