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The Bombay High Court Wednesday took suo motu (on its own) cognizance of the recent deaths of patients in government hospitals in the Nanded and Chhatrapati Sambhajinagar districts of Maharashtra a day after a lawyer approached the court over the issue.
The division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor said it would hear the matter Friday.
The bench also directed Advocate Mohit Khanna to file a proper petition after he submitted a letter over the deaths in the Nanded and Chhatrapati Sambhajinagar districts.
The bench said the loss of lives due to a shortage of staff and medicines cannot continue and be accepted by the court. It also asked Advocate General Birendra Saraf for the state government to inform it about the budgetary allocation for health as well as the availability of specialist doctors and other staff and vacancy of such posts during the next hearing on Friday.
“We want to issue effective orders. We are requesting you to file a petition. Gather data regarding the vacancy in the hospital, availability of medicine, the percentage the government is spending and so on. Do some research,” said CJ Upadhyaya after which Khanna agreed to file a proper petition.
In this letter, Khanna had raised concerns over the 31 deaths, including that of infants, since September 30 at Dr Shankarrao Chavan Government Medical College and Hospitals (GMCH) in Nanded and at least 14 mortalities at Chhatrapati Sambhajinagar Government Hospital between October 2 and 3. He had referred to The Indian Express reports on the same.
He also referred to the report related to an incident at the Thane Municipal Corporation-run Chhatrapati Shivaji Maharaj Memorial (CSMM) Hospital in Kalwa where 18 patients had died in 24 hours in August this year.
Khanna added the hospitals in their statements had cited a shortage of beds, doctors, and essential medicines as the primary reason for the deaths and claimed it was in violation of Article 21 (Right to life) of the Constitution. He also said the government had failed to perform its duty under Article 47 of the Constitution to raise the level of nutrition and standard of living.
The Court appointed Khanna as Amicus Curiae in the matter to assist it in the case. The bench asked AG Saraf to address the issues raised in the news reports on a ‘priority basis’ and directed its registry to initiate a suo motu PIL.
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