Madhya Pradesh High Court
Bhopal Gas Peedith Mahila Udyog ... vs Union Of India Judgement Given By: ... on 19 November, 2013
W.P. No.15658/2012
19.11.2013
Shri Naman Nagrath, Senior Advocate with Shri
S.K. Dubey, Advocate for petitioners No.1 and 3 and Shri
Uttam Maheshwari, Advocate for petitioner No.2.
Shri O.P. Namdeo, Advocate for respondents No.1
and 2.
Shri Samdarshi Tiwari, Government Advocate for respondents No.3 and 4.
Shri Amit Nagpal, Advocate for respondent No.5. It is submitted by Shri O.P. Namdeo, learned counsel appearing for the Union of India that the Apex Court vide order dated 27.09.2013 had directed impleadment of National Informatics Centre, Ministry of Communication and Information Technology, Bhopal as respondents. On the same day, the Apex Court while considering I.A. No.18 had also allowed time period up to 31st December, 2013, by which time, the computerization of Gas Relief Hospitals to be completed by the State and NIC, Bhopal.
It is submitted by Shri Namdeo that the status report has been filed by NIC on 18th November, 2013 specifying that in four hospitals namely (1) Indira Gandhi Hospital; (2) Late Rasool Ahmad Siddhiqui Pulmonary Medicine Centre; (3) Master Lal Singh Hospital; and (4) Khan Shakir Ali Khan Hospital the computerization is functional. It is submitted that in Kamla Nehru Hospital and Jawahar Lal Nehru Hospital the work is in progress which will be completed till 31st December, 2013.
In reply to this, Shri Satinath Sarangi, petitioner present in Court has submitted that the aforesaid computerization work done by the NIC is of no use. The data is not available for analysis and even if some computerization is done by the NIC, the same is of no use. It is submitted that the computerization shall be completed in such a manner that the datas can be used for analysis and other purposes.
It is submitted that the Commissioner, Bhopal Gas Relief Shri R.A. Khandelwal is on leave because of marriage of his son. The another in-charge Shri D.D. Agrawal also could not come, as today a surgery of his daughter is to be performed at Bhopal. It is prayed by Shri Samdarshi Tiwari that hearing of this petition may be adjourned for some period.
From the perusal of the letter of Dr. Nirbhay Shrivastava who is Director, Medical Education and also Member Convener of Monitoring Committee, we find that the Committee which was constituted by the Supreme Court on 10.01.2011 is now having only two members namely Shri Purnendu Shukla and Dr. Nirbhay Shrivastava and other two members Dr. H. H. Trivedi and Dr. M.H. Kanhere have already resigned.
It is submitted that the NIC is feeding the datas and if a meeting is convened with the remaining members of the Monitoring Committee and NIC, the data which is being fed/prepared by the NIC, may be made useful.
Shri Abraham Itty, Technical Director, NIC, Bhopal is present in Court. He is directed to convene a meeting with the remaining members of the Monitoring Committee within a period of one week and give a demonstration of data, which is being prepared by NIC so that the Members of the Committee may have a look of the aforesaid data, and if required, may suggest improvement in the data preparation process with the discussion of NIC. The aforesaid meeting be convened within a period of one week from today and, thereafter the data preparation process may continue, as directed by the Supreme Court.
As we have to constitute the Monitoring Committee but presently the aforesaid officers are not available, so we find it appropriate to adjourn hearing of this case for 11.12.2013, on which date, the Commissioner, Bhopal Gas Relief Department, Members of the Monitoring Committee, shall remain present.
Today, Shri R.S. Verma, Chief Medical and Health Officer, Bhopal is also present. It also brought to our notice that he is also assisting the Monitoring Committee for implementation of the directions issued by the Supreme Court. He shall also remain present on the next date of hearing, so that he may intimate us the factual position.
In view of the aforesaid, hearing of this case is adjourned for 11.12.2013.
In the meantime, Shri Samdarshi Tiwari, Government Advocate shall seek instructions from the State Government in respect of reconstitution/ constitution of the Monitoring Committee in continuation to the order dated 10.01.2011 passed by the Apex Court.
A typed copy of this order be supplied to Shri Samdarshi Tiwari and Shri O.P. Namdeo for necessary action.
(Krishn Kumar Lahoti) (Subhash Kakade)
Acting Chief Justice Judge
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