Read Time: 06 minutes

The Supreme Court today issued directions to the State of Gujarat to place on Affidavit justifying Notification dated July 8, which in Court's opinion subdued the effect of the December 18 order mandating compliance with Fire Safety Measures.

Justice Chandrachud who was heading the bench told the State Government that incidents of fire hazard have only contributed to the plight of the people and if the same continues, smaller nursing homes be shut down and hospitals should only be a subject of the Government.
 

“Hospitals have become Industry surviving on Human Distress. It's better that these hospitals are closed and the State is made to provide better facilities. We cannot have nursing homes of 4 rooms… Instead State can take up the task of providing better Hospitals.”

- Justice DY Chandrachud
 

Court further said that,

“During the course of hearing it is transpired that on July 8, notification has been issued by the State Government by which an extended timeline has been provided from the last date of applicability of the Gujarat Epidemic Regulations, 2020.

Prima Facie the notifications appear to be in breach of the directions of this court... we are of the view that this aspect should be explained on affidavit. 

State of Gujarat shall also file a comprehensive statement on the audits conducted in pursuance of the order dated December 18, 2020 on which hospitals were not in compliance with Fire safety norms.”

Matter has been listed after two weeks.

Submissions were made by Senior Advocate Maninder Singh for the State for Gujarat.

Learned Solicitor General, Mr. Tushar Mehta appeared for the Union.

Justice DY Chandrachud expressing his grave concern over the reported incidents of Fire in COVID hospitals said,

“Mr. Mehta I was so shell shocked… One patient had actually recovered from COVID and the next day was to be released. He died in the intervening night due to fire... Two nurses as the news was, went to the washroom and were burnt alive. These are the tragedies of human lives”

By order dated November 27, 2020 Court took Suo Motu cognizance of the incident which happened in Rajkot, Gujarat, resulting in death of COVID patients. 

The Court had also taken notice of earlier incidents of fire in Covid Hospitals. 

As submitted, Government of India had issued advisory to all the States to prevent the recurrence of fire incident in Covid Hospitals and Nursing Homes and called for the status of implementation of guidelines issued in reference to preventing recurrence of fire accidents in Hospitals, status of NOCs, report regarding inspection and re-inspection of Hospitals and Nursing Homes.

The Top Court had passed a slew of directions by order dated December 18, appointing a DA Mehta Committee to undertake enquiry into fire incident at Shrey Hospital, Ahmedabad, Uday Shivanand Hospital, Rajkot. 

Case Title: In Re the proper treatment of COVID 19 patients and dignified handling of dead bodies in the Hospitals | SMW (c) 7 of 2020