Telangana High Court instructs Govt to comply with order of COVID-Testing of Dead Bodies Released by hospitals, warns to issue contempt if failed.
(Judicial Quest News Network)
Telaangana High Court on Monday observed that the Public Health and Family Welfare Director’s report on Health is absolutely silent on the issue whether the dead bodies being released from the Hospitals are duly tested for the presence of Coronavirus or not.
A Division Bench Comprising of Chief Justice Rahvendra Singh Chauhan and Justice B.Vijay Sen Reddy while issuing the order have mentioned that “According to the Media Reports, the testing of the dead bodies is not being carried out at the time of release from the hospitals.
The Advocates General argued that the order dated 26.5.2020 directing the Health Department to test all dead bodies, has been challenged by the State Government before the Supreme Court.
The order says that “It is, indeed, trite to state that if the directions issued by this Court are not implemented by the respondents, this Court eventually would have no other option, but to issue contempt notice to the respondents for their intentional, and wilful disobedience of the orders passed by this Court. This statement is being made as a warning to the respondents, not to ignore the directions of this Court. For, neither the majesty of the law, nor the majesty of the High Court, can be ignored by the respondents”. The Court warned the State.
Advocate General submitted that the order dated 26.5.2020 has been challenged before the Supreme Court, The bench said “ Since the direction have not been stayed by the Supreme Court , the State Government is duty bound to implement the directions, after all these direction are issued in order to protect the people of state from the menace of COVID-19.
In order to curtail or reduce the spread of the Coronavirus the dead bodies must be tested for the presence of Coronavirus, and until and unless the true facts and figures are revealed to the public through proper media Bulletins issued by the Government on daily basis, it would be difficult, if not impossible to control over the Virus.
In its earlier order the Court had clearly directed the State Government to carry out random testing, and community testing. It was informed that they are yet to commence as the State Government has placed as order for 25,000 kits and until these kits are received by the Medical Department.
Accordingly the Court ordered the Medical Director to give the complete facts and the critical figures with regard to the number of COVID-19 positive cases based on the numbers of testing carried out within the state from 26.5.2020.to 07.6.2020.
The Court has also directed that the the Nedia Bulletin issued daily by the Government state tha correct facts and figures and that the relevant facts mentioned therin must not only e published in the media Bulletin but also be published in the regional papers.” So that the people can know the extent and dangers of COVID-19”
The Court has further mentioned in its Orders that if he directions issued by this court are not followed, this court will hiold Dr. Srinivas Rao (The Director) personally liable, along with the principal Secretary , Medical and Health Department, for the disobedience of the directions issued by this Court.
