Disposed

In the Matter of Suo Moto Public Interest Litigation v. State of Chhattisgarh

Chhattisgarh HC11 Jun 2024WPPIL/35/2024

Case brief

AI extract

What is this about?

Suo motu PIL regarding high child mortality and lack of facilities in hospitals based on news reports. Court directed inquiries, finding the specific photograph misattributed, and disposed of the petition with directions to ensure medical facilities function properly.

What did the court decide?

Direction to the Additional Chief Secretary, Health and Family Welfare Department to ensure government hospitals and medical colleges function strictly in conformity with guidelines.

In the Matter of Suo Moto Public… — Public Procurement and Tenders | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR WPPIL No. 35 of 2024

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In The Matter Of Suo Moto Public Interest Litigation Regarding Over 40,000 Children's Lives Lost Due To Lack Of Pediatric Services And Malnutritian In Hospitals In Five Years, On News Item Publised In Daily News Paper Dainik Bhaskar, Bilaspur, Dated 29 April 2024, As '5 Sal Me 40 Hajar Se Jyada Bacchho Ki Maut, Inme 25 Hajar Se Adhik Navjat, Badi Wajah Aspatal Me Oxygen Dene Jaisi Suvidhae Nahi.

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---- Petitioner

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Versus

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1 - State Of Chhattisgarh Through Chief Secretary, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Chhattisgarh.

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2 - State Of Chhattisgarh Through Additional Chief Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur (C.G.)

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3 - The Director Health Services, Indravati Bhawan, Atal Nagar, Nava Raipur (C.G.)

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4 - Chhattisgarh Medical Services Corporation Limited Through Managing Director, Chhattisgarh Medical Service Corporation Limited, Having Office At 4th Floor, C.G. Housing Board Complex, South East Corner, Sector 27 Atal Nagar, Nava Raipur, District Raipur (C.G.)

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5 - The Commissioner Raipur, Division Raipur, Chhattisgarh.

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6 - The Commissioner Durg, Division Durg, Chhattisgarh.

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7 - The Collector Raipur, District Raipur, Chhattisgarh

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8 - The Collector Durg, District Durg, Chhattisgarh

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9 - The Chief Medical And Health Officer District Hospital Raipur, District Raipur (C.G.)

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10 - The Chief Medical And Health Officer District Hospital Durg, District Durg (C.G.)

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11 - The Civil Surgeon District Hospital, Raipur (C.G.)

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12 - The Civil Surgeon District Hospital Durg (C.G.)

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13 - Editor Of Dainik Bhaskar Bilaspur Edition, Bilaspur, C.G.

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---- Respondents

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(Cause-title taken from Case Information System)

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Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Sachin Singh Rajput, Judge

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Order on Board

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Per Ramesh Sinha, Chief Justice 12.06.2024

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This is an office reference.

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Heard Mr. Prafull N. Bharat, learned Advocate General with Mr. Y.S.Thakur, learned Additional Advocate General appearing for respondents No.1 to 3 and 7 to 12/State. Also heard Mr. Sunil Kumar Otwani, along with Mr. Shobhit Koshta, learned counsel for respondent No.13/ Dainik Bhaskar and Mr. Raghvendra Pradhan, learned counsel for respondent No.4.

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This suo motu public interest litigation was registered on the basis of new items published in Dainik Bhaskar dated 29.04.2024 with a heading “ 5 lky esa 40 gtkj ls T;knk cPpksa dh ekSr] buesa 25 gtkj ls vf/kd uotkr] cM+h otg&vLirkyksa esa vkWDlhtu nsus tSlh lqfo/kk,a ugha and sub-heading 20192023 rd 0&5 lky ds cPpksa dh ekSr ds vkadM+s Hk;kog] izns’k esa cPpksa ds bykt ds fy, t:jh lsVvi ugha] ,d gh okeZj esa 5 f’k’kq] tcfd gksuk ,d pkfg,”. The aforesaid news report further went to state that in the last 5 years, more than 40,000 children aged 0-5 years have expired out of which more than 25,000 children could not survive even for 28 days which

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meant that the number of still-birth was above 24,000. The average number of still birth was 4,000 per year and in between 2019-2023, more than 3,000 pregnant women had expired. These figures were not being released in public domain. The cause of death of the infants was because of anemia malnutrition and lack of system to take care of the newborns.

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A photograph of the Government Hospital at Durg was also published in which five newborn babies were kept in a single warmer whereas, according to the experts, each newborn should be kept in a separate warmer. The aforesaid news report further went to suggest that there was lack of beds and ventilators in the Government Hospitals which is half of the requirement.

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In view of the above situation, the learned State counsel was directed to seek instruction with regard to the aforesaid news reporting and the respondent No.2-Additional Chief Secretary, Government of Chhattisgarh, Health and Family welfare Department, was directed to file his personal affidavit in the matter.

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In compliance of the Court’s order dated 29.04.2024, Additional Chief Secretary, Government of Chattisgarh, Health and Family Welfare Department, had filed his personal affidavit in the matter. The District Magistrate, Durg, was also directed to file his personal affidavit with respect to the news item as to whether the said photograph was of any Government Hospital or of Private Hospital of District Durg, after due inquiry and the matter was directed to be listed on 17.05.2024.

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Pursuant to the above direction, an affidavit was been filed by the District Magistrate, Durg, who at paragraph 5 onwards stated that the said photograph does not belong to any of the Government Hospitals. The District Magistrate, Durg further stated that there are 10 hospitals in Durg

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which have SNCU/NICU units and all hospitals have denied the picture of 5 infant children having kept in one Incubator. He also stated that all 10 Hospitals in Durg which have SNCU/NICU units were inspected by a team of Doctors.

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In view of the aforesaid submission, the Registry was directed to implead the Editor of Dainik Bhaskar, Bilaspur Edition, Bilaspur as party respondent, who has published the said news item and notices were directed to be issued to the Editor concerned to show as to where the said photograph was taken, for proper adjudication of the present matter.

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Pursuant to above, the Editor of Dainik Bhaskar, Bilaspur Edition, Bilaspur was impleaded as respondent No.13 and Mr.Shobhit Koshta, learned counsel has appeared on behalf of newly added respondent No.13 i.e. Editor of Dainik Bhaskar, Bilaspur Edition, Bilaspur and had placed the photographs and it has been stated that the photograph which was published in Dainik Bhaskar, Bilaspur Edition dated 29.04.2024 was of Chandulal Chandrakar Medical College in District Durg. Accordingly, the Additional Chief Secretary, Government of Chhattisgarh, Health and Family Welfare Department, Raipur was directed to file his personal affidavit in respect to the working and conditions which have been displayed in the said newspaper and the photographs which were shown by the learned counsel for respondent No.13 and the matter was directed to be listed today.

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An affidavit has been filed by the Additional Chief Secretary, Government of Chhattisgarh, Health & Family Welfare Department, Raipur, in compliance of Court order dated 20.05.2024 which is taken on record and it has been stated that photographs of five infants lying on incubator (Warmer) which have been published in Dainik Bhaskar Newpaper was

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not of any District Hospital nor was of Chandulal Chandrakar Medical College, District Durg. Two inquiries were conducted and an inquiry report was also submitted by the authority concerned.

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Mr. Sunil Otwani, learned counsel appearing on behalf of respondent No.13/ Dainik Bhaskar states that said photographs were of Chandulal Chandrakar Medical College.

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Be that as it may, this PIL is disposed of with a direction to the Additional Chief Secretary, Government of Chhattisgarh, Health and Family Welfare Department, Raipur to ensure that when the State is incurring huge amount of money for providing medical facilities to the general public through the various Government Hospitals and Medical Colleges, the benefit of the same should reach to them and they should not be made to suffer on account of laxity of any of the authorities of those Hospitals / Medical Colleges and that the said Hospitals / Medical Colleges should function strictly in conformity with the guidelines / directions issued by the State Government from time to time so that no inconvenience is caused to the patients/general public.

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SSd/Sd/- (Sachin Singh Rajput) (Ramesh Sinha) Judge Chief Justice

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Parul

In the Matter of Suo Moto Public Interest Litigation v. State of Chhattisgarh

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In the Matter of Suo Moto Public Interest Litigation v. State of Chhattisgarh

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