Hyderabad: The Telangana High Court on Friday stayed the implementation of a circular issued by the state government on May 11, with guidelines to streamline the influx of ambulances carrying Covid-19 patients from other states into Telangana for hospitalisation.
The court made it clear that the orders would come into effect forthwith, as against the police waiting for receipt of an order copy from the court.
The court directed the Advocate General and principal secretary, health, who was present, to immediately communicate the orders to the government and said the instructions should immediately be passed to the police authorities along the borders, as not to stop ambulances carrying Covid patients from other states.
Because of Id-ul-Fitr and other holidays the order copy could be delayed, the court directed them to pass necessary orders at the field level.
A division bench comprising Chief Justice Hima Kohli and Justice B. Vijaysen Reddy was dealing with an urgent case of PIL filed by Garimella Venkata Krishna Rao, who challenged the circular issued by the TS government.
Justice Hima Kohli came down heavily on the government for issuing the circular, which indirectly restrained treatment to Covid patients of other states in hospitals in Hyderabad.
Chief Justice Kohli observed, “The Telangana government circular is nothing but an override of Constitutional rights by restricting citizens’ entry into the state and restraining medical treatment, overreach of National Highway Authorities Act by stopping ambulances at the borders without approval of the Central government and overruling of the Supreme Court's recent orders, which clearly stated as that no patient shall be refused admission in a hospital on the ground of his residence.” The Chief Justice further observed that the state had done indirectly what it could not do directly.
Suspending the implementation of the circular, the court warned the Telangana government not to take any further step to issue fresh orders or guidelines or circular to circumvent or put the pedals on inter-state movements of ambulances carrying Covid-19 patients from neighbouring states.
The court also directed the government not to insist the patients or their attendants coming from other states to apply in a prescribed format to the control room set up by the government. In case, if a patient or attendant applies to the said control room, they should be assisted in securing hospital admission.
The High Court made it clear that there was no requirement of any authorisation from the control room for an ambulance carrying a Covid-19 patient seeking hospital admission anywhere in Telangana or Hyderabad.
Justice Vijaysen Reddy observed that it was the choice or risk of the patient, who came from faraway places to get admission in any particular hospital. “They will take care of their lives, despite their admission into hospital or not, let them get into the state,” Justice Reddy said.
Defending the circular, Advocate-General B.S Prasad explained to the court that the government had taken this measure honestly considering the best interests of Telangana state citizens. Further, he submitted that the circular did not prohibit any ingressions of other state people or treatment to them in Telangana.
“It was just streamlining the influx so as not to create havoc on the ground that the oxygen supply and medicines are not sufficiently allocated to Telangana State by the Union government. Moreover, the allocations promised were also not fully supplied,” Prasad submitted.
Syed Ali Murtuza Rizvi, principal secretary, health, submitted that 45 per cent of beds of all hospitals in Hyderabad was occupied with other state patients and 86 per cent of beds with patients other than the GHMC area.
“It would be problematic for the patients residing under GHMC limits to get an emergency bed. Other states like Maharashtra and Delhi are prohibiting entry from other states. We didn’t issue any such order. By considering the issues at ground level, the circular was issued,” Rizvi submitted.
Andhra Pradesh Advocate General, Sriram, submitted that issuance of such a circular in these circumstances would further compound the problem as the patients needed timely medical help. Sriram further submitted that the so-called regulations issued in the circular under Epidemics Act and Disaster Management Act violating the Articles 19, 21 of Indian Constitution and the said Acts must be in harmony with the fundamental law.
Dammalapati Srinivas, senior counsel representing the petitioner submitted that the state governments had the authority to issue Disaster Management Policy, but it should be in conformity with the national policy. “Here the Telangana state government is restricting the floating on its own, despite the Central policy being in force, which specifically mentioned that no inter or intrastate borders be closed,” Srinivas said.
By issuing notices to the Chief Secretary of Telangana and others to file a counter-affidavit, the case was adjourned to June 17.
