Point of Law: Covid-19 Pandemic - Deficit of testing, availability of beds, ICU, supply of oxygen - Apprehension and unpredictability of new variant and of developing new symptoms still baffle medical experts and scientists - In order to avoid any kind of catastrophe, laxity on part of public in observing Covid protocols and Convid-appropriate behaviour - like wearing masks, maintaining social distancing, sanitization etc., must be strictly dealt with by State Authorities.

JUDGMENT :

BELA M. TRIVEDI, J.

(I) WP (PIL) NO.42 OF 2020

1. In the wake of Pandemic of Corona Virus (Covid-19), the Bench headed by the Hon’ble the Chief Justice had directed the Registry to register a suo motu Public Interest Litigation (PIL), giving title “Precautionary Measures in the Wake of the Pandemic of Corona Virus (Covid-19)”. The same was registered as WP(PIL) No.42/2020. The Bench gave various directions to the State of Gujarat, the Members of Bar Association, the Registry of the High Court, to all Subordinate Courts, and to all other stake-holders for taking all necessary precautions. The said order was followed by an array of orders on 20.3.2020, 27.3.2020, 1.4.2020, 3.4.2020, 17.4.2020, 1.5.2020, 11.5.2020, 14.5.2020, 22.5.2020, 29.5.2020, 19.6.2020, 24.7.2020, 17.8.2020, 4.9.2020, 9.10.2020, 27.11.2020, 8.1.2021, 22.1.2021, 26.2.2021, etc. The orders were passed and the directions were issued considering the affidavits/replies/ reports filed on behalf of the State of Gujarat as also considering the exigencies warranting the judicial review of the functioning of the various departments, more particularly the Health and Welfare Department of the State Government to curb and control the upsurge of Covid-19.

(II) WP (PIL) NO.53 OF 2021

2. However, on 11.4.2021, taking suo motu notice of the articles published in the daily newspapers regarding unimaginable difficulties and unmanageable conditions of the infrastructure and the shortfall and the deficit of testing, availability of beds, ICU, supply of oxygen, etc., the Division Bench headed by the Hon’ble the Chief Justice, directed the Registry to register a fresh suo motu Public Interest Litigation titled as “In Re: Uncontrolled Upsurge and Serious Management Issues in Covid Control”, impleading the State of Gujarat and others as the parties. The same was registered as WP(PIL) No.53/2021. On 15.4.2021, considering the affidavit-in-reply filed by the Principal Secretary, Department of Health and Family Welfare in response to the suggestions made by the Court on 12.4.2021, the Division Bench flagged various issues pertaining to RTPCR Testing, availability of Remdesivir injection, display of details about the availability of vacant beds and occupied beds on the portal of the State Government, procuring sufficient quantity of oxygen vis-a-vis demand, availability and modalities of required amenities, medication and related infrastructure for the treatment of Covid patients, strict implementation of the standard protocol of wearing masks, keeping social distance, sanitization, etc.

3. Again on 20.4.2021, considering the affidavit-in- reply filed on behalf of the State, and submissions made by the Law Officers on behalf of the State, and the inputs given by the learned Senior Advocates, on the issues flagged by the Court earlier, the Court emphasized the need of proper coordination amongst the officers of the State Government, Corporations and the District Collectors in the matter of providing Remdesivir injections, for providing assistance of Ambulance 108, and for educating people for breaking the chain, with a view to see that situation of Covid cases is stabilized and the curve is flattened. In the meantime, various Civil Applications also came to be filed in the WP(PIL) No.53/2021, by various public spirited persons/advocates appearing party-in-person, offering their suggestions and seeking various directions in respect of the issues already flagged by the Court. The Court, considering the same, reiterated its concern and directed the respondent State authorities to make available necessary medications, injections, infrastructure, etc., to the Covid patients and to file report as regards the status of every district in the State. The Court also directed the ASG appearing for Central Government to file a status report on the various issues as discussed in the order, more particularly considering the fact that the supply of oxygen was being controlled/allocated by the Centr