Jharkhand High Court
Sonali Mukherjee @ Sonali Mukharjee vs The Union Of India & Ors on 28 September, 2019
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 2742 of 2019
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Sonali Mukherjee @ Sonali Mukharjee Petitioner Vs. The Union of India & Ors .... ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
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For the Petitioner : Md. Shadab Ansari, Advocate Mr. Sonal Tiwari, Advocate For the Res-State : Ms. Manoj Tandon, A.A.G For the Res Nos. 5 & 6 : Ms. Vandana Singh, Advocate
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Order No. 06 : Dated 28th September, 2019 Reference may be made to order dated 20 th September, 2019.
In pursuance thereto, two counter affidavits have been filed one on 26.09.2019 and another on 27.09.2019.
Mr. Manoj Tandon, learned Addl. Advocate General, appearing for the respondents-State of Jharkhand has submitted that the government has taken up the matter sincerely. A notification dated 23.09.2019 has been brought on record issued by the order of the Governor of State of Jharkhand under the seal and signature of Secretary of Health, Medical Education and Family Welfare Department, Government of Jharkhand whereby and whereunder, the reference of treatment of the victim of acid attack has been referred with a stipulation that private hospital will not refuse in treating such victims in the private nursing homes.
Further, the total expenditure which will incur upon the treatment of such acid attack victim would be borne from the "Chief Minister Chronic Disease Treatment Scheme' (Eqk[;ea=h xaHkhj 2 Ckhekjh mipkj ;kstuk) through Civil Surgeon of the respective districts.
Learned counsel for the petitioner has submitted by referring to the judgment rendered by Hon'ble Supreme Court in Laxmi Vs. Union of India & Ors (W.P. (Crl) No. 129 of 2006), wherein specific direction has been passed upon the Chief Secretaries of the respective States to provide full medical assistance to the victims of acid attack as also to take sincere efforts to provide medical treatment to such victims by the private hospitals and in case of any reluctance on the part of private hospitals to provide free medical treatment, the concerned officer in the State Governments should take up the matter with the private hospitals so that they are also require to free medical treatment to the victims of acid attack.
According to learned counsel for the petitioner in the notification issued on 23rd September, 2019 although reference to provide treatment by the hospitals have been made but merely by making reference without bringing on record the decision taken by due deliberations with the management of the private hospitals, the same cannot be said to be sufficient compliance of the judgment passed by the Hon'ble Supreme Court in Laxmi Vs. Union of India & Ors (W.P. (Crl) No. 129 of 2006).
Learned A.A.G, has fairly conceded to such submission for the public interest at large.
In view thereof, he has sought for further two weeks' time to use his good offices to ask the concerned authority of 3 the State of Jharkhand to bring on record by bringing the matter with the management of the private hospitals so that the order passed by the Hon'ble Apex Court may be implemented in its letter and spirit.
So far monetary aid to be given for medical treatment of the victim of the acid attack is concerned, it has been submitted by learned counsel for the petitioner that as per information, the said scheme has been meant for the people living below poverty line, that require clarification whether irrespective of category the benefit of the scheme would be extended.
Mr. Tandon, learned A.A.G has sought for time to obtain appropriate instruction in this regard.
In view thereof, list this case on 16th October, 2019. Let a copy of this order be handed over to learned Additional Advocate General.
(Sujit Narayan Prasad, J.) Alankar/-