A bench headed by Acting Chief Justice Manmohan, which received a letter from Sarin urging that the committee be recused from monitoring the implementation of the proposed reforms, remarked that four member doctors, who were working in hospitals under the Delhi government, were "feeling threatened" and "scared".
Complete lack of consensus: Delhi HC
The court lamented the "complete lack of consensus between the bureaucrats and the minister", and said the quality of healthcare services in Delhi continued to be "dismal" and the common man was the ultimate victim of apathy and indifference at the hands of those who are responsible.
"The letter speaks volume. The court is of the view if four of the senior GNCTD doctors, after preparing an extensive pro bono (free of cost) report , recuse themselves from carrying out the mandate of monitoring and verification of implementation of its recommendations, it shows that all is not well in the health department of GNCTD," the bench, also comprising Justice Manmeet PS Arora, said.
The letter dated August 26, signed by Sarin, said that for implementation of the recommendations, the committee members "feel challenges as four out of six members of the committee are working under hospitals run by the government of Delhi, and are subordinate to the government".
Environment is rather toxic: HC
Observing that the "environment is rather toxic", the court said open allegations were being made by both the sides (the health minister and bureaucrats).
The court also took judicial notice of the fact that a "party worker" has been arrayed as an accused in the alleged rape-murder of a doctor at Kolkata's RG Kar Medical College and Hospital.
'Doctors are feeling threatened'
"Just see four out of six senior-most doctors are feeling threatened..There are open allegations from both the sides. See how bitterly they are fighting. These are senior doctors and they are scared..The court is of the opinion that the GNCTD health department instead of declaring war on diseases and misinformation, is at war with itself," it said.
"Extraordinary situations call for extraordinary measures. A common man cannot be made to suffer. Consequently the court appoints director AIIMS to ensure that the report of the Dr Sarin committee is implemented in right earnest," it ordered.
The court also asked the authorities to ensure that services of the four member doctors are renewed for two years and they are not harassed.
The Delhi government's senior counsel said it could be a "dilemma" that the four doctors are facing and not threats. He also expressed his reservations about involving the AIIMS director in the matter as the institution comes under the central government. "Let us not involve them in politics. Let us leave few out of the race," Justice Manmohan told the lawyer.
The court directed that a meeting of the city authorities concerned be held within a week to discuss the creation of posts of doctors and paramedics in the 24 hospitals coming up in Delhi. The court issued the direction after the senior counsel for the city government suggested that a meeting of a committee headed by the lieutenant governor, and comprising the health minister, chief secretary, health secretary as well as the services secretary be called on the issue.
"The suggestion is fair and reasonable," Justice Manmohan said, while adding that the Delhi government will also issue necessary orders for appointing 20 doctors awaiting approval for over a year. The court said the AIIMS director can take all necessary steps for the implementation of the committee's recommendations, including constituting teams, raising funds, procuring equipment etc, and asked him to file a report.
The court had constituted the Sarin committee on a PIL it had initiated on its own in 2017 over alleged lack of ICU beds and ventilators in government hospitals. The committee has pointed out deficiencies in the medical system which include vacant posts, shortage of critical faculty, infrastructure, medical or surgical consumables, emergency operation theatres (OT) and trauma services. The matter will be heard next on September 30.
(With PTI inputs)
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