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SUPREME COURT OF INDIA
B.S. Chauhan, Swatanter Kumar, JJ.
Savelife Foundation and another - Petitioners
Versus
Union of India and another - Respondents
Writ Petition (Civil) No(S). 235 of 2012
Decided On : 17-08-2012
Implementation of Law - Concerns about Ambulance Code and Emergency Care
Fact of the Case:
The court acknowledged concerns about the implementation of law, particularly in relation to ambulance code, emergency care, and directions to hospitals for handling accident trauma patients.
Finding of the Court:
The court recognized the need for an expert committee to monitor the compliance with the issued directions and considered joint suggestions from relevant parties to address the concerns, including safeguards for passers-by and informers of accidents.
Issues: Concerns about the implementation of law, need for expert committee, and joint suggestions to address the issues.
Ratio Decidendi: The court emphasized the importance of addressing concerns related to ambulance code, emergency care, and directions for handling accident trauma patients, and recognized the need for a monitoring committee and joint suggestions to improve compliance.
Final Decision: The court granted liberty to file rejoinder affidavit and scheduled the matter to come up after three weeks for further consideration.
ORDER :
Notice.
2. Reply affidavit has already been filed. Liberty to file rejoinder affidavit within two weeks.
3. It remains undisputed before us that it is not insufficiency of law but it is implementation of law which is a matter of concern. Different guidelines including guidelines for ambulance Code, emergency care and appropriate directions to the hospitals on the highways for handling the accident trauma patients, as a top priority are stated to have been issued.
4. Learned counsel appearing for the parties submit that an expert committee would need to be constituted to monitor the various directions issued for their due compliance.
5. Learned counsel for the parties even propose to make joint suggestions in this regard after consulting the relevant Ministries and NHA. The counsel appearing for the petitioner has vehemently argued that the joint suggestions now to be filed should also consider the directions and safeguards that could be provided to the passers-by or informers of the accident. This will even help the expeditious disposal of criminal cases. Let this aspect be also examined by the learned counsel appearing for the parties who are to submit the joint suggestions.
6. Let the matter come up after three weeks.
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