Contempt in PIL regarding facilities for cancer patients
Excelsior Correspondent
JAMMU, Aug 21: In a contempt petition filed by AV Gupta in Public Interest Litigation regarding facilities for cancer patients, a Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice (Acting) Tashi Rabstan and Justice Puneet Gupta today observed that the respondents have failed to show what happened with regard to installation of PET Scan Machinery in other Government Medical Colleges of the UT in terms of judgment dated 17.02.2016.
The DB directed the respondents to do the needful within two months and file compliance of judgment dated 17.02.2016 in toto, failing which court would be left with no option but to take cognizance under law.
When the contempt petition came-up for hearing, Division Bench observed, “this court vide judgment dated 17.02.2016 delivered in WPPIL No.21/2015 had directed the respondents to take effective steps for installation of PET Scan Machinery in all the Government Medical Colleges”.
“However, in the instant contempt petition, AAG made a statement on 09.02.2023 that in the mid of 2022 a PET Scan Machine would be installed in the Super Specialty Hospital, Jammu. Copy of Government Order No.365-JK(HME) of 2021 dated 06.05.2021 was also placed before the court indicating that 196 posts had been created for the State Cancer Institute (SCI) at Super Specialty Hospital (Government Medical College), Jammu for various departments. Accordingly, this court vide order dated 09.02.2023 had directed the Chief Secretary of the Union Territory to file an affidavit mentioning the exact amount of time needed for making the OPD operational and PET Scan Machines installed”, the DB said.
Thereafter, on 01.07.2024 the DB requested the Advocate General to assist the court in the matter and file a brief status report with regard to appointment of doctors and installation of PET Scan machines.
DB further observed, “in terms of said order, status report came to be filed on behalf of Principal, Government Medical College, Jammu on 08.08.2024 revealing that PET Scan Machine has already been installed in the State Cancer Institute, Jammu; the first PET Scan was performed on 18.07.2024 and till 08.08.2024, 29 free of cost PET Scans have been done”.
However, the respondents have failed to show that what happened with regard to installation of PET Scan Machinery in other Government Medical Colleges in terms of judgment dated 17.02.2016, DB said.
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