State should not feel shy about publishing correct data of RT-PCR test results: Gujarat High Court flags concerns on COVID-19 surge

In the suo motu case taken up by it in view of the surge in COVID-19 cases in the State, the Gujarat High Court on Thursday flagged a number of concerns on which the government is required to respond..The order passed by the Bench of Chief Justice Vikram Nath and Justice Bhargav Karia stated the following with respect to publishing of accurate results of RT-PCR tests:"Accurate reporting of RTPCR testing with correct figures of positive results be made public. The State should not feel shy of publishing the correct data of RTPCR testing results, if such figures are not being correctly reported.".On the topic of RT-PCR testing, the Court noted that there was a lack of testing laboratories in districts as well as talukas and tribal areas. In view of this, the State was directed to set up laboratories in these areas. The Court urged the State to explore the possibility of striking up public-private partnerships to facilitate the same..For existing testing facilities, the State was asked to ensure that the time taken for obtaining test results is reduced..On the issue of shortage of Remdesivir, which is used to mitigate symptoms of COVID-19, the Court asked the State to inform the public that it is not a life-saving drug."Otherwise so long as the myth continues, Remdesivir injection will always be in a deficit and being misused by blackmarketeers and hoarders. Such an exercise would also reduce the over prescription and undue prescription of the said injection," the order said..During yesterday's hearing, various counsel had brought to the notice of the Court the fact that the State's online portal giving details on the availability of vacant hospital beds, was not being updated in a timely manner. Advocate Chetan Pandya, appearing for one of the intervening applicants, had submitted,"We do not know which hospitals have which COVID facilities. For my father's case, I had no clue as to where to go."Justice Nath agreed to this, stating,"The portal of the State does not provide real-time figures. It may show there is availability, but when you go to a hospital you will find otherwise."In light of this situation, the Court's order stated the following:"Instead of data being uploaded twice a day, the availability of beds should be displayed on a real time basis on the portal i.e. as soon as a bed is occupied in a particular hospital, the number of vacancies should go down and as soon as a bed is made available by discharge of a patient in a particular hospital, the number of vacancies should be immediately displayed as increased. This will save a lot of hardship to the patients as also their attendants and family members in reaching the right hospital may be of choice for admission and treatment rather than running, waiting and again running to different hospitals.".Next, the Court asked the State to place on record the availability of oxygen cylinders in hospitals, vis-a-vis the demand for the same. The State is also required to give details of availability of amenities, medication and infrastructure for COVID-19 treatment in a transparent manner..On the issue of under-reporting of COVID-19 cases in the State, the Court stated:"We know that the State is not responsible for increase in upward swing of Covid patients, but at the same time the State should publish data by making efforts to find out actual number of Covid positive cases so as to remove general conception from the minds of the people that data given by the State is not accurate. Necessary arrangements should be made by issuing statement by responsible officer of the State with regard to the number of positive Covid patients, number of deaths due to Covid and number of deaths due to Covid with comorbidity so that faith and trust can be restored in the minds of public at large.".The Bench also urged the State to have honest, transparent dialogue with the public which can be communicated through the press and social media."The State has nothing to gain by hiding real picture and hence suppression and concealment of accurate data would generate more serious problems including fear, loss of trust, panic amongst public at large," the Court added..Having said that, the Court made it a point to commend the State and its officers for discharging their duties round the clock in a bid to address the second wave of the pandemic. It further asked the government to persuade the people to strictly abide by the standard protocol of wearing mask, keeping social distance, sanitization by frequent hand washing, etc..In conclusion, the Court stated,"In the present situation, it is not expected from the State to provide all essential infrastructure, medication and treatment facilities at once, but if the people are taken into confidence with regard to the efforts being made by the State to take care of the people suffering from the pandemic, the people at large would definitely cooperate and appreciate the efforts being made by the State.".In view of the number of intervening applicants in the case, the Court urged them to sit together, deliberate and address the Court through one voice. To this end, all counsel agreed to join with the Gujarat High Court Advocates Association (GHCAA), who is being represented by Senior Advocate Percy Kavina. The senior lawyer will express the views of all counsel on the next date of hearing, which is April 20.."In the meantime, we expect the State to come up not only to the expectations of the Court but the public of the State at large," the Court stated as it gave the Gujarat government time until April 19 to address the issues brought up in the order..Advocate General Kamal Trivedi, assisted by Government Pleader Manish Lavkumar and Assistant Government Pleaders Dharmesh Devnani and Chintan Dave, appeared for the State. Additional Solicitor General Devang Vyas appeared for the Central government. Advocate Rasesh Parikh assisted Kavina for the GHCAA.Advocates Anand Yagnik, Amit Panchal, KR Koshti and Chetan Pandya appeared for various applicants..On Sunday, April 11, the High Court had taken suo motu cognizance of the spike in COVID-19 cases in the State along with the shortage in testing facilities, beds and medical infrastructure to deal with the same..During the hearing held the following day, the Court sought a reply on affidavit from the State government on AG Trivedi's submissions calling into question the news reports based on which the Court had taken suo motu cognizance..The State government subsequently filed an affidavit stating that it was putting in all efforts to ensure a coordinated and systematic response to the surge in COVID-19 cases..[COVID-19 in Gujarat] Night curfews, Remdesivir shortage and more: State files reply in Gujarat High Court, GHCAA seeks to intervene.[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.