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2022 DIGILAW 331 (JHR)

Sanicchar Oraon v. State of Jharkhand

2022-03-23

RAJESH SHANKAR

body2022
ORDER : 1. This case is taken up through video conferencing. 2. The present writ petition was initially filed for issuance of direction upon the respondents to immediately and forthwith make arrangement of specialized treatment for the petitioner’s wife in some higher specialized centre like AIIMS or Medanta, as her condition was deteriorating every day and she was slipping into comatose for want of specialized treatment. Further prayer was made for issuance of direction upon the respondent no. 1 to arrange financial and logistical support to the victim lady so that she could be shifted immediately to a higher specialized centre like AIIMS, Delhi or Medanta, Gurugram. 3. However, during pendency of the writ petition, the victim died on 22nd May, 2019 during her treatment in RIMS, Ranchi. Subsequently, an interlocutory application being I.A. No. 7782 of 2019 was filed on behalf of the petitioner (husband of the victim) to incorporate certain more prayers in the writ petition, which are as follows: (a) For direction upon the respondents, in particular respondent nos. 1, 2 and 3 for releasing sufficient funds for the development of the wards in Rajendra Institute of Medical Sciences (RIMS), Ranchi and to constitute a High Level Committee for the development and improvement of RIMS. (b) For direction upon the respondents, in particular the respondent nos. 1, 2 and 3, to constitute a committee of specialized doctors in RIMS, who can ascertain the situation of the rape victims and if they need specialized care and treatment, they be provided the same without any delay and with efficiency. (c) For further direction upon the respondent nos. 1 and 2 to provide sufficient compensation to the dependents of the rape victim (now deceased) without any delay and to ensure that they may be provided compensation under “Nirbhaya Fund” which has been constituted by the Union of India. (d) For direction upon the respondent nos. 1, 2 and 3 to follow the directives and guidelines of the Ministry of Health and Family Welfare, Union of India to treat the rape victims properly and with due care following the guidelines issued for the same and also follow the guidelines issued by the Hon'ble Apex Court in relation to the same, time to time. 4. The present writ petition was thereafter taken up on larger issues relating to availability of infrastructure, nursing staff and other related aspects in RIMS, Ranchi. 4. The present writ petition was thereafter taken up on larger issues relating to availability of infrastructure, nursing staff and other related aspects in RIMS, Ranchi. The writ petition was last taken up by this Court on 5th March, 2020 and on the said date following order was passed: “8. Having considering the supplementary counter affidavits filed on behalf of the State of Jharkhand and RIMS and keeping in view the submission made by the learned Amicus Curiae, following directions are being issued: (a) The process of regular appointment of 362 nurses must be completed by the State of Jharkhand within a period of one month. (b) The State of Jharkhand shall give the update status of the matter with regard to opening of the Departments of Gastroenterology, Endocrinology, Nuclear 4 Medicine, Clinical Haematology, Physical Medicine and Rehabilitation as well as creation of the posts of the doctors and other staff in the said Departments. (c) The RIMS, Ranchi shall apprise this Court regarding the action taken against two doctors who were found doing private practice by the Vigilance Team. (d) The RIMS, Ranchi shall also apprise this Court as to what is the proportion of pathology tests being conducted by the Department of Pathology, RIMS, vis-à-vis the private agency engaged by it on daily basis. (e) The RIMS, Ranchi shall provide N-95 masks to all the doctors and paramedical staff across the departments forthwith and to make appropriate arrangement including fully equipped separate (isolation) ward for treatment of the patients being admitted there with suspected case of Coronavirus. All preventive measures must be taken by the RIMS Administration so that if at all any patient is found positive of Coronavirus infection, the same should not spread to any other person.” 5. Mr. Kumar Vaibhav, learned amicus curiae, while transmitting few orders of the learned Division Bench-I of this Court passed in W.P. (PIL) No. 1301 of 2020 along with other analogous cases, submits that the learned Division Bench is already in seisin of the issues which have been taken up in the present writ petition. Since various issues relating to proper functioning of RIMS, Ranchi are being considered by the learned Division Bench, no useful purpose will be served by keeping the present writ petition pending. 6. Since various issues relating to proper functioning of RIMS, Ranchi are being considered by the learned Division Bench, no useful purpose will be served by keeping the present writ petition pending. 6. Considering the aforesaid submission of learned amicus curiae as well as keeping in view that the issues with regard to proper functioning of RIMS, Ranchi including availability of infrastructure, nursing staff and other facilities are being considered by the learned Division Bench-I of this Court in W.P. (PIL) No. 1301 of 2020 and other analogous cases, there is no need to further proceed in the matter. 7. The writ petition is, accordingly, disposed. 8. So far as the issue with regard to payment of victim compensation to the petitioner under Section 357A Cr.P.C. is concerned, the said aspect is left open to be considered by the competent authority/court of law at appropriate time.