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Patna HC directs Bihar Govt to inspect purported illegality, brutality exhibited by police in enforcing Covid lockdown

The court asked for a report on the issue of sufficiency or lack of infrastructure, be it of beds, oxygen, medicines, human resource, and security, for meeting the requirement of the current Covid-19 pandemic.

The Patna High Court directed the Bihar Government to inspect the purported illegality and brutality exhibited by the police in enforcing the lockdown and also needs to be checked by the authorities.

The court asked for a report on the issue of sufficiency or lack of infrastructure, be it of beds, oxygen, medicines, human resource, and security, for meeting the requirement of the current Covid-19 pandemic.

Three Member Team of Experts comprising Dr. Umesh Kumar Bhadani, Dr. Ravi Kirti and Dr. Ravishankar, have submitted their report on the issue which states the conclusion-

I. The pathological test is important for the individual as well as for society.

II. Management is more important for individuals & it should be done without waiting for the test report.

III. Hospital should start treatment on the guidelines of covid and take admission accordingly; refusing patients in the name of tests is not justified.

The court opined that the purported illegality and brutality exhibited by the police in enforcing the lockdown also needs to be checked by the authorities.

The division bench comprised of Chief Justice Sanjay Karol and Justice S. Kumar issued following directions-

(i)The recommendations of the Committee are examined by the Government; Medical Health Institutions- Government or Private; and all other stakeholders, for their application to the extent possible.

(ii) Mr. Kumar Ravi, OSD [Health] shall liaison with the authorities managing the Hospital at Bihar, ensuring proper infrastructure is put in place.

(iii) The Officer In charge of the Army Medical Corp shall file his personal affidavit indicating the lack of infrastructure, be it of any form. This he shall do within three days.

(iv) Mr. Kumar Ravi shall file his personal affidavit also dealing with the same, ensuring a robust infrastructure functional in all respects is put in place.

(v) A capsulated course of training is prepared for giving basic training to the unskilled youth, ready and willing to work at the designated centres.

(vi) The Government, as also Medical Health Institutions, Public and Private, must proactively take steps for disseminating information and put in place a grievance redressal mechanism, for this alone would boost confidence in the mind of the general public.

(vii) The Government must develop a State Level Protocol, enabling a common person to understand the need of dealing with the virus. The State has adopted the policy of test, track and treat, but for an illiterate person in the village, disseminating information has to be in his language or how he understands best.

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(viii) The issue of maltreatment of patients and attendants needs to be addressed immediately.

(ix) The purported illegality and brutality exhibited by the police in enforcing the lockdown also need to be checked by the Authorities.

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