Chattisgarh High Court
In The Matter Of Suo Moto Public Interest ... vs The State Of Chhattisgarh on 4 September, 2024
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPPIL No. 48 of 2024
In The Matter Of Suo Moto Public Interest Litigation -Versus- The State
of Chhattisgarh & others
Order Sheet
04/09/2024 Mr. R.S. Marhas, Additional Advocate General and Mr.
Shashank Thakur, Deputy Advocate General for the respondents/
State.
This Court, vide its order dated 13.08.2024, has directed the respondent No. 4, the Secretary, Health and Family Welfare Department, Mahanadi Bhawan, Atal Nagar, Raipur, Nawa Raipur (C.G.), to file his personal affidavit regarding the steps taken by him with respect to the news items published in newspapers and other media items, that there is another disease Swine Flu with which the citizens have been affected.
In compliance of the order dated 13.08.2024, the affidavit of Chandan Kumar, son of Shri S.S. Prasad, Special Secretary, 2 Government of Chhattisgarh, Department of Health and Family Welfare, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur has filed his affidavit and the contents of his affidavit is as under :
"1. That, the present affidavit is being filed in compliance of the order dated 13/08/2024 passed by the Hon'ble Court.
2. That, the instant PIL has been registered by this Hon'ble Court taking suo moto cognizance on the news item published in Daily Newspaper dated 17/07/2024 and Daily Newspaper 'My City Navbharat' dated 17/07/2024 titled as "Malaria and Diarrehoea outbreak escalates" delayed measures follow increase in hospitalization and facilities.
3. That, on 13/08/2024 the matter was again listed before the Hon'ble Court for hearing and taking cognizance on the news items published in newspaper and other media items regarding spread of swine flu disease with which the citizens have been affected, the Hon'ble Court has been pleased to direct the Secretary, Health and Family Welfare Department, Mahanadi Bhawan, Atal Nagar Nawa Raipur (C.G.) to file his personal affidavit regarding the steps taken.
4. That, in compliance of the order passed by the Hon'ble Court dated 13/08/2024, the deponent respectfully submits as under :-
a. That, in the entire State of Chhattisgarh, in the month of January- February, 2024 for the first time, the person affected with Seasonal Influenza 'A'-H1N1 (Swine Flu) was detected.
b. That, after detection, the State Government, being bound by the constitutional obligations, immediately took cognizance on the same and to 3 prevent, control and treat the person affected from the said Swine Flu disease, necessary instructions have been issued to the Directorate of Health Services to issue guidelines for prevention, control and treatment of the said disease and pursuant to which, on 26/02/2024 a comprehensive guideline as has been issued by the Central Government, has immediately been issued by the Directorate of Health Services which have been addressed to all the Deans of Government Medical Colleges, all the Chief Medical and Health Officers of all Districts, all Joint Director cum Hospital Superintendent, Govt. Medical Colleges and all Civil Surgeon cum Hospital Superintendent, District Hospitals of State of Chhattisgarh and they have been instructed to follow and adhere to the guidelines and further ensure availability of all medicines and sufficient means required for treatment and control of the said disease so that the person affected with the said disease and spread of said disease could be treated and controlled in time. To demonstrate the above, copy of the guidelines alongwith the covering letter dated 26/02/2024 is filed herewith as Annexure A/1.
c. That, thereafter, in the month of July, 2024 when the report regarding the said Swine Flu disease from government hospitals and private hospitals was received, then the follow-up action has immediately been taken and again guidelines have been issued to all the concerned authorities with direction to take all preventive measures and steps for controlling the said disease as well as to treat the persons affected from the said disease as per the guidelines issued by the Central Government and to demonstrate the above, copy of the 4 guidelines alongwith covering letter dated 30/07/2024 is filed herewith as Annexure A/2.
d. That, looking to the growth/spread of Seasonal Influenza disease in most of the districts of State of Chhattisgarh, directions have been issued to all the Chief Medical and Health Officers of State of Chhattisgarh to report the cases on daily basis and to make availability of necessary medicines in adequate quantity required for prevention and treatment of the said disease and to make availability of H1N1 RT-PCR kits in all Virology Laboratories to detect the said disease, to organize Information Education and Communication/ awareness activities regarding prevention and control of Seasonal Influenza "A"
H1N1 infection between the people and further to ensure availability of sufficient Beds, Ventilators and trained staff in the health centres and to demonstrate the above, copies of the letters dated 12/08/2024 are filed herewith as Annexure A/3.
e. That, the deponent respectfully submits that the contact surveillance of all positive cases and chemoprophylaxis have been continuously and on daily basis, carrying out by the authorities so that the persons who came to contact with the affected person could be prevented from the said disease and their life could be saved by providing necessary life saving medicines.
f. That, the deponent further respectfully submits that from the aforesaid, it appears that necessary instructions and guidelines have duly been issued with direction to adhere to and follow the guidelines framed by the Central Government for prevention, control and 5 treatment of the Swine Flu Disease and in all government hospitals and health centres, sufficient life saving medicines for treatment of persons affected from the Swine Flu disease and others required equipments/means have been made available and the cases of Swine Flu disease are also being monitored by the State Surveillance Unit daily and necessary information by way of awareness activities about prevention from Swine Flu disease is also being provided by the trained staff to the public in general so that the spread of Swine Flu disease could be controlled and the life of the affected persons could be saved.
g. That, the deponent respectfully submits that he being a responsible officer of the State, has the highest regard and respect for the lawful authority of this Hon'ble Court as well as its orders and directions issued from time to time and is duty bound to adhere to and abide by the orders."
Perused the affidavit filed and the steps taken to curb the Malaria, Diarrhea and Swine Flu in the State of Chhattisgarh. We deem it proper to keep the matter pending to monitor the situation of Swine Flue in the State, hence, let the matter be again listed on 24.09.2024 for further consideration.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Digitally
signed by
VEDPRAKASH
VEDPRAKASH DEWANGAN
DEWANGAN Date:
2024.09.09
19:04:42
+0530
ved