ORDER

Rafiq, CJ -- 1. The present suo motu Writ Petition No.8914/2020 was registered on the basis of a letter (dated 8.6.2020) sent by Dr. Ashwani Kumar, Senior Advocate, Supreme Court of India, New Delhi to the Chief Justice of India, which was forwarded to the Registrar General of this Court by the Secretary General of Supreme Court of India (vide his letter dated 11.6.2020) under His Lordship’s direction. The said letter dated 8.6.2020 had highlighted a tragic and condemnable sight of an elderly Covid-19 patient, who, as per the story carried out by a media portal with a photograph, was chained to bed in a private hospital at Bhopal, the capital city of the State of Madhya Pradesh, allegedly on his failure to make payment of fees for his treatment. One wonders if the situation has changed much since then when the entire country is struggling to survive the second wave of Covid-19.

This Court has passed number of orders to ensure that the Covid-19 patients in the State are provided timely treatment inasmuch as they are not subjected to harassment and exploitation. When the matter was listed on 7.9.2020, this Court directed the State Government to issue necessary directions to every hospital including the private hospitals to display the rates for treatment of Covid-19 patients at their reception counters and also publish the same for information of people by publication thereof in the newspapers so that any incident of overcharging could be brought to the notice of the District Administration and necessary action be taken. On 9.10.2020 when the matter was next listed, the Coronavirus was at its peak during the first wave, this Court was informed that 262 hospitals in the State of Madhya Pradesh have been declared as Covid Care Centre (CCC), 62 hospitals have been declared as Dedicated Covid Health Centre (DCHC) and 16 hospitals have been declared as Dedicated Covid Hospital (DCH), i.e. in all 347 hospitals, which are providing free treatment and testing to the Covid suspects and patients. This Court was also informed that there is no shortage of life saving medicines for Covid-19 treatment; scrupulous measures are being taken to ensure that no private hospitals/clinics charge exorbitant fee for such treatment and that rates are being duly exhibited on the hospital counters across the entire State of Madhya Pradesh. The State Government was directed to ensure strict compliance of the norms laid down by the Central Government in their Notification dated 7.4.2020 with regard to infrastructure and other requirements for CCCs, DCHCs and DCHs. The Commissioner, Health Services was directed to set up a District Level Cell to receive and attend the complaints, which should be made functional 24x7. Efforts should be made by all the stakeholders to educate one and all to scrupulously follow the norms of social distancing, use of face masks and washing hands etc.

2. When the matter was listed before the Court on 10.12.2020, the State Government filed its response to I.A. No.6360/2020 thereby placing on record copy of the order dated 4.9.2020 issued by the Commissioner, Health Services, Department of Public Health and Family Welfare, Madhya Pradesh issued under the approval of the Additional Chief Secretary of the State Department, directing that under no circumstances the Private Hospitals/Nursing Homes/Clinical Establishments’ charges shall exceed by 40% of the rates communicated on or before 29.2.2020 including all expenses such as PPE kits etc. The aforesaid order was addressed to all the Chief Medical & Health Officers of the State, President of the Indian Medical Association, President of the Nursing Home Association and the Additional Director, IDSP (MP). It was assured that the said order shall be prominently published in daily newspapers having wide circulation in the respective Districts of the State after interval of every