Delhi HC disposes of PIL for health, safety of public prosecutors, says Centre, GNCTD have taken steps
Nov 08, 2022
New Delhi [India], November 8 : The Delhi High Court has disposed of public interest litigation (PIL) moved for health & safety of Public Prosecutors of the Government of NCT of Delhi (GNCTD) during the COVID-19 Pandemic.
The Court decided to close the proceedings in this regards after noting that Central Government and GNCTD have taken all possible steps.
The bench of Justice Satish Chander Sharma and Justice Subramonium Prasad in an order passed last week said, "this Court after careful consideration of the submissions canvassed by Counsel for the Respondent is of the opinion that the UOI and GNCTD have taken all possible steps for providing medical facilities, i.e. Beds, ICU, Ventilators, medicines, etc. to combat COVID-19 infection and no further orders are required to be passed by this Court at this stage in the peculiar facts and circumstances of the case."
The Court noted the submissions of Counsel for the GNCTD stated that the petition was filed in the year 2021, and at the relevant point of time, the rate of COVID-19 infection was very high and resultantly, hospitalisation was very high.
However, taking cognizance of this petition as well as the other Writ Petitions, the Union of India (UOI) as well as GNCTD established a large number of hospitals having specialised treatment facility for COVID-19 infection. At present, there is no large-scale hospitalisation in respect of COVID-19 infection and, therefore, the question of establishing a dedicated hospital only for Public Prosecutors does not arise, submitted the GNCTD Counsel.
The plea was moved by Dishank Dhawan through Advocate Shalabh Gupta and Kamal Soni, sought directions to provide an effective safeguard to lives of the public prosecutors & other staff of the prosecution department of the Govt. of NCT of Delhi and their respective family members suffering from COVID-19.
The plea also sought direction to establish a dedicated COVID center having atleast 100 beds with ICU/ventilator facility for Public Prosecutors and other staff of the prosecution department of the Govt. of NCT of Delhi including their family members, on an urgent basis.
The public prosecutors and other staff of the prosecution department have been risking exposure of the deadly novel coronavirus (COVID-19) each day but are still serving the State as an important component of the criminal justice system with utmost dedication and sincerity, stated petition.
Senior Advocate KTS Tulsi appeared for Petitioner and submitted that two Public Prosecutors have already lost their lives, so there is an urgent need for setting up a mechanism by which the public prosecutors and other staff of the prosecution department, and their respective family members get appropriate treatment and admission in an establishment/ earmarked facility for COVID-19
Petitioner sought the direction of the Court to save Public Prosecutors so that the criminal system of our country is not miserably hampered and other officers affected can be given timely treatment. Many other were unable to secure beds in hospitals of Delhi and had to move at far-flung places. The representation in this regard has also been given to the Chief secretary, director of the prosecution, GNCTD and Health Secretary, GNCTD on email but no action has been taken yet, teh plea read.