Court directive on AIIMS strike

By Our Staff Reporter

NEW DELHI, AUG. 27.

Taking suo motu notice of the ongoing strike in the All-India Institute of Medical Sciences (AIIMS) here, the Delhi High Court today directed the Union Government to restore normalcy within 36 hours in the Institute where hundreds of patients are stranded without treatment.

Quoting a number of Supreme Court judgments where it was held that medical treatment is covered under the fundamental right to life under Article 21 of the Constitution, a Division Bench comprising the Chief Justice, Mr. Justice Arajit Pasayat, and Mr. Justice D.K. Jain asked the Health Secretary and the Director- General of Health Services, of the Union Government to restore normalcy at AIIMS not later than 36 hours.

``Restore normalcy not later than 36 hours and file a compliance report to the court on August 29'', the Bench said.

It was open to the authorities to invoke the Essential Services Maintenance Act (ESMA) to put back the patient care services at the Institute on the rails, the court said.

It asked the Health Secretary and the Director of Health Services, to take all necessary actions which they deem fit to restore normalcy.

The Bench also issued notices to the Union Health Minister, Dr. C.P. Thakur, in the capacity of the AIIMS ex-officio Chairman, its Director, Dr. P.K. Dave, the Resident Doctors' Association (RDA) and employees to show why action shall not be taken against them.

Counsel for the Union Government and the AIIMS accepted notices on behalf of the parties.

They were asked to appear before the court on the next date of hearing and explain their positions.

The Bench asked the Solicitor-General, Mr. Harish Salve, to assist the court in the matter, keeping in view the paramount importance of the case.

When the court reassembled after lunch, the Bench asked both counsel to be present as it had taken a suo motu notice of the strike and wanted the authorities to take some action.

The court also took on record a public interest litigation (PIL) by Mr. Sugriv Dubey, an advocate, seeking a direction to the doctors and employees to join duty immediately.

He also urged the Bench to direct the AIIMS authorities to take action against striking doctors and employees under the ESMA.

The strike was triggered off following beating of a doctor by a group a Group C & D employees following reported quarrel over the dosages of medicines which the employees wanted to be increased for themselves.

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