Drop cases against doctors, don’t shoot the messenger: SC tells Delhi government

Justice Sanjay Kaul pointed out that the affidavit filed by LNJP Hospital mentioned the suspension of a worker who filmed the hospital on his mobile phone.
Supreme Court (Photo | PTI)
Supreme Court (Photo | PTI)

NEW DELHI: Pulling up the Delhi government for slapping doctors and healthcare workers with prosecution and suspension orders who highlighted poor conditions of hospitals through mobile videos or photographs, the Supreme Court on Wednesday gave two weeks to the Delhi government to withdraw all such orders.

A three judge bench headed by Justice Ashok Bhushan told the government counsel: “Don’t shoot the messenger. You can’t threaten doctors, staff. Stop harassing the doctors, stop registering FIRs against them. Let them do their job.”

The bench was hearing a suo motu cognizance of media reports on the manner in which government-run hospitals were treating COVID-19 patients and the inhuman way in which the dead bodies were being handled.

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After going through the affidavit filed by the Delhi government, the bench said: “Our purpose to issue notice was to improve things. But you say everything is alright.” The court sought a fresh and better affidavit and will hear the matter again on Friday.

In his submission, Additional Solicitor General Sanjay Jain, who argued on behalf of the Delhi government, said it did not dispute the errors committed in the past. But, after the meeting convened by Union Home Minister Amit Shah on Sunday, remedial measures were taken with an objective to provide adequate healthcare facilities, he said.

“We are alive to the situation and not leaving anything to chance. Steps have been taken to strengthen our capacity to handle cases,” Jain told the court.

Justice Sanjay Kaul pointed out that the affidavit filed by LNJP Hospital mentioned the suspension of a worker who filmed the hospital on his mobile phone.

“We have said this before, doctors and healthcare workers are our warriors and you are shooting the warriors. They need support but you seem to be interested in filing FIRs and suspending them. You cannot keep threatening doctors. This must stop.”

Justice M R Shah added: “You do not want the truth to come out. Do not suppress the truth.” “Whatever actions you have taken against doctors in the past must be withdrawn by day after tomorrow,” the
bench reiterated.The Delhi Government’s affidavit also stated that COVID-19 tests will increase from 5,000 to 10,000 in two days and to 15,000 in four days and noted that the Ministry of Home Affairs will monitor all the actions of Delhi Government on a day-to-day basis.

“No serious patient was denied admission and as such only those patients are being admitted whose condition is serious; others having minor symptoms are being advised for home quarantine. It was also noted that the hospital was being referred to patients by various doctors without any proper protocol, which was leading to some confusion among patients,” it stated.

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