[COVID-19] State did not heed scientific community's warnings of second wave: Uttarakhand High Court

The Uttarakhand High Court on Monday strongly berated the State government for its handling of the COVID-19 pandemic, observing that it did not heed the warnings of the scientific community that a second wave would hit..The Bench of Chief Justice Raghvendra Singh Chauhan and Justice Alok Kumar Verma said,"The scientific community warned that second wave of COVID-19 would hit. Unfortunately, the State did not heed the warnings...".On the previous date of hearing in the matters related to COVID-19 management in the State, the Court had called upon Secretary of the Department of Medical Health and Family Welfare Amit Negi to file an affidavit detailing the steps taken to implement its previous directions in the matter..Today, the Court took strong exception to the affidavit filed by the State government in this regard, observing,"In places, affidavit has been drafted very cleverly so as to scuttle this Court's previous orders..."It went on to record in its order,"Most basic facts have not been brought on record. Affidavit is highly vague. Although it is claimed that there are 36 private labs, neither their names nor locations have been submitted in annexures.".During the morning session of the hearing, the Court noted that a gathering of around 10,000 people took place in Purnagiri, in violation of COVID-19 norms..In this background, the Court recalled how its directions and the Standard Operating Procedure (SOP) was not followed at the Kumbh Mela which saw the congregation of lakhs of people."We all know what happened after that..." the Court went on to remark..During the post-lunch session, the Court asked Advocate Shiv Bhatt, appearing for the petitioner, to place on record evidence of his submissions on how false data was being represented as regards availability of hospital beds, Remdesivir etc..In response to a suggestion from Bhatt, Justice Chauhan made it clear,"We cannot direct State to declare COVID-19 drugs as being under the Essential Commodities Act, it is a matter of policy.".When Advocate General SN Babulkar sought to highlight the limited capacity of the State to deal with the pandemic in terms of manpower and finances, CJ Chauhan said,"In cases of calamity, the State cannot raise the defence of lack of finances. Government must pour every last penny it has in its exchequer for the benefit of the people.".Highlighting the possibility of a third wave and the fact that the scientific community's warnings as regards the second wave were not heeded by the State government, the Court said,"Good governance needs imagination, planning and execution of the plan. State government is required to anticipate future dangers and address the difficulties faced by people at present.".The Court went on to issue the following directions, among others:1) Increase number of testing labs, especially in Haridwar. Mobile testing vans to be put in place. People living in hilly regions of State must be tested as widely as possible.2) State should consider turning colleges and hotels into isolation/quarantine centres. Number of hospitals needs to be increased3) Since there is shortage of oxygen tanks, State should seek permission of Centre to use oxygen produced within the State rather than being asked to transport tanks from Jharkhand and West Bengal.4) Court had issued directions to fill vacancies in doctors and nurse positions. State must endeavour to fill these positions. Two CT scans should be installed in every government hospital.5) Action taken on black marketing of drugs etc should be informed to Court.6) Although Char Dham Yatra has been suspended, government must ensure that it is adhered to strictly. Steps for implementation of SOPs should be worked out immediately between temple management and State7) The lacunae pointed out by Court in Health Secretary's affidavit should be addressed. Updated affidavit must contain data in support of submissions..Towards the end of the hearing, when AG Babulkar sought more time to file replies, Chief Justice Chauhan said,"Frankly speaking, we are not happy with the way the government is dealing with the situation...I am not going buy the excuse that so many people are ill and therefore the work cannot be done. They are ill because of your shortcomings.".The Bench also took exception to lawyers in the matter "playing hide and seek" with the Court. In this regard, an instance was pointed out wherein a submission was made without written submissions being made available to Justice Verma, who is also on the Bench. .With these directions and observations, the Court adjourned the matter to May 18..[Read an account of the post-lunch session here].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.