Contempt in PIL regarding facilities for cancer patients
Excelsior Correspondent
JAMMU, Feb 14: In a contempt petition filed by AV Gupta in Public Interest Litigation (PIL) regarding direction to the State to provide basic health facilities for treatment of cancer in Jammu and Kashmir, a Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice (A) Tashi Rabstan and Justice Moksh Khajuria Kazmi, took serious note and directed the Chief Secretary of the Union Territory to file an affidavit and apprise the court about steps taken towards implementation of the court orders.
Hearing the contempt petition, the Division Bench observed that a writ petition, by way of a PIL had been filed by the petitioner seeking direction in the name of respondents to provide basic healthcare facilities for treatment of cancer in the State of Jammu and Kashmir and also to provide the services of adequate number of Oncologists, Oncosurgeons, PET scan machines and the allied staff as well as machinery needed for the treatment of various types of cancer in all the regions of the State of Jammu and Kashmir.
The court in terms of judgment dated 17th February, 2016, disposed of the PIL by directing the respondents to send at least one Oncologist (within two weeks) on deputation basis to the Government Medical College (GMC) Jammu for diagnosing and suggesting treatment to the cancer patients till selection is made through Public Service Commission to fill up the posts of Oncologists in GMC Jammu.
The DB observed that insofar as the prayer made to provide PET scan machine is concerned, the respondent is directed to take effective steps to get PET scan machinery in all the Medical Colleges, which is required for proper diagnosis and the said issue is to be taken note of with all seriousness and same shall be provided in all the Government Medical Colleges, where cancer patients are to be treated, within a period of six months wherever the said machinery is not available. ”
After hearing Advocate Ajay Sharma for the petitioner, the DB observed that respondents filed the compliance report on 6 September, 2017 was accompanied by a Government Order Number 201-AHJ of 2017 dated 25.08.2017 by virtue of which Dr Nadeem Showkat, Medical Officer had been directed to report to the Administrative Officer, GMC Jammu for further duties in the Department of Radiotherapy as Medical Oncologist.
“In the statement of facts dated 11th August, 2017, the respondents had taken a stand that establishment of PET scan is already under active consideration and the Union Ministry of Health and Family Welfare has sanctioned two State Cancer Institutes, one each at SKIMS Soura and GMC Jammu at a cost of Rs 240 crore during the year 2013-14. However, no timeline was mentioned for establishment of the State Cancer Institutes such sanctioned Institutes and therefore, the Court had directed for personal appearance of the respondent for apprising it about the steps taken towards implementation of the directions and for removing the bottlenecks, if any, for establishment of the said institutes,” the DB noted.
The DB observed that on 20.12.2017, the respondent appeared and informed the court that PET/CT machine has already been installed at SKIMS in Srinagar and is ready for commissioning and the supporting medical staff is also in place. It had further been submitted that the insofar as Jammu is concerned, the equipment has not yet been procured as the project has not yet been sanctioned by the Government of India and the funds have also not been released.
“This Court, in terms of order dated 04.12.2018, while taking note of the status report filed on 17 September, 2018 by CGSC, observed that the report points out failure of the Government of J&K to complete the necessary formalities and directed the Principal Secretary H&ME Department, J&K Government, appear before it on the next date of hearing,” the Bench noted and further observed that despite repeated directions made by this Court in its orders dated 7th September 2017, 4th December 2018, 24th December 2018 and thereafter, the issue has not been considered by the respondents at all so far.
Court further observed that subsequently, the matter was considered by this Court on 30th December, 2021, when Amit Gupta (AAG) submitted that by the mid of 2022 a PET Scan Machine would be installed, after necessary infrastructure for the purpose is in place, in the Super Specialty Hospital, Jammu. F A Natnoo, appearing for the Secretary, Public Service Commission, had also made a statement that selection process would be completed very shortly.
Advocate F A Natnoo, learned appearing for Public Service Commission informed the court that PSC has made the selection in respect of the post of Professor referred to it by the Government, which was challenged before the Central Administrative Tribunal. The CAT allowed the petition against which a Writ petition was filed which also stands dismissed and now a review petition has been filed which is pending consideration.
The DB observed that the respondents are just passing the buck on and no substantive progress is visible on ground. “One cannot imagine of a life without a basic healthcare facility like PET Scan and the services of an oncologist in a 21st Century,” it observed and directed the Chief Secretary of the Union Territory to file an affidavit and apprise the court about steps taken towards implementation of its orders; the constraints faced, if any, the steps taken for overcoming such constraints and the exact amount of time needed for making the OPD operational and PET scan machine installed, besides making available the services of Oncologists and other allied staff to see that the State Cancer Institute, Super Specialty Hospital (GMC) Jammu, is made functional in all respects.
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