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2025 DIGILAW 1805 (JHR)

Court on its Own Motion v. State of Jharkhand through the Principal Secretary, Department of Health, Medical Education & Family Welfare, Government of Jharkhand, Ranchi

2025-09-01

RAJESH SHANKAR, TARLOK SINGH CHAUHAN

body2025
JUDGMENT : RAJESH SHANKAR, J. 1. The present Public Interest Litigation was initiated suo-moto on the basis of news report published in Hindi Daily “Dainik Bhaskar” on 08.08.2025. As per the said news report, a pregnant lady had to get down from the ambulance at the main gate of Sadar Hospital, Ranchi and to walk down about 400 meters therefrom to reach the maternity ward via emergency gate of the hospital as several vehicles were parked on both flanks from the main gate to the emergency gate of the said hospital. 2. Considering the nature of the issue involved in the present case, let “the State of Jharkhand through the Principal Secretary, Department of Health, Medical Education & Family Welfare, Government of Jharkhand, Ranchi, the Senior Superintendent of Police, Ranchi, the Superintendent of Police, Traffic, Ranchi and the Civil Surgeon-cum-Chief Medical Officer, Ranchi” be impleaded as the respondents in this case. 3. Office is directed to do the needful. 4. Vide order dated 11.08.2025, the State was granted three weeks’ time to file counter affidavit. In compliance of the said order, two counter affidavits both dated 26.08.2025 have been filed, one by the Senior Deputy Superintendent of Police, Traffic-1, Ranchi and another by the Civil Surgeon, Ranchi. 5. The counter affidavit filed on behalf of the Senior Deputy Superintendent of Police, Traffic-1, Ranchi refers to a report submitted by the said deponent before the Senior Superintendent of Police, Ranchi vide letter dated 23.08.2025. The Senior Deputy Superintendent of Police, Traffic-1, Ranchi had conducted an enquiry along with the Officer-in-Charge, Traffic P.S., Daily Market, Ranchi. As per the said report, the ambulance in question was visible in the CCTV footage while entering the main gate of the Sadar Hospital, Ranchi through Sarjana Chowk between 14:05:20 and 14:06:15 and there was no obstacle due to any traffic jam on the road. In fact, the said incident occurred inside the Sadar Hospital premises for which the management of Sadar Hospital was responsible. 6. It has also been stated that so far as the traffic management between Sarjana Chowk-Sadar Hospital-Mission Chowk is concerned, “Motorcycle Abhiyan Dasta” has been deployed for smooth traffic in the said area. In fact, the said incident occurred inside the Sadar Hospital premises for which the management of Sadar Hospital was responsible. 6. It has also been stated that so far as the traffic management between Sarjana Chowk-Sadar Hospital-Mission Chowk is concerned, “Motorcycle Abhiyan Dasta” has been deployed for smooth traffic in the said area. It has further been stated in the said report that as per the statement of lady Sahiya belonging to ‘ITI Bajra, River Tola’ namely Kanaklata, she came with the pregnant lady to the Sadar Hospital, Ranchi by a government ambulance, however after entering the said hospital, the ambulance could not move further as huge number of vehicles were parked there. Thereafter, driver of the ambulance went to bring a wheelchair and meanwhile the pregnant lady with the help of her husband and the said Sahiya, started moving slowly towards emergency gate of the hospital. She was thereafter admitted in the maternity ward of the said hospital and then gave birth of a girl child who is safe. 7. The statements made in the counter affidavit filed on behalf of the Civil Surgeon, Ranchi are contrary to what has been stated in the affidavit of Senior Deputy Superintendent of Police, Traffic-1, Ranchi as it has been alleged in the affidavit of the Civil Surgeon, Ranchi that the ambulance carrying the pregnant lady was stopped approximately 15-20 meters away from the Sadar Hospital building due to congestion of traffic as the main gate of Sadar Hospital, Ranchi, which is opposite ‘St. Xavier’s College, Ranchi’ used to be always crowded due to parking of auto-rickshaws etc. The impediment in arrival of the concerned patient’s ambulance at the emergency gate of the Sadar Hospital is attributable to the parking of auto-rickshaws etc. at the main gate of the Sadar Hospital as well as parking of some small/large vehicles in the passage between the main gate and the emergency gate of the said hospital. 8. It however appears from the statements made in the counter affidavit of Civil Surgeon, Ranchi that the management of parking of vehicles inside the premises of Sadar Hospital, Ranchi has been given to some private agency. 9. 8. It however appears from the statements made in the counter affidavit of Civil Surgeon, Ranchi that the management of parking of vehicles inside the premises of Sadar Hospital, Ranchi has been given to some private agency. 9. Comparative perusal of both the counter affidavits clearly indicates shifting of responsibility to each other, which in fact, is the joint responsibility of the Superintendent of Police, Traffic, Ranchi and Civil Surgeon, Ranchi to ensure that there should not be any hinderance for the patients in entering the said hospital. 10. In the case of Paschim Banga Khet Mazdoor Samity & Others Vs. State of W.B. & Another reported in (1996) 4 SCC 37 , the Hon’ble Supreme Court has held as under: - “9. The Constitution envisages the establishment of a welfare State at the federal level as well as at the State level. In a welfare State the primary duty of the Government is to secure the welfare of the people. Providing adequate medical facilities for the people is an essential part of the obligations undertaken by the Government in a welfare State. The Government discharges this obligation by running hospitals and health centres which provide medical care to the person seeking to avail of those facilities. Article 21 imposes an obligation on the State to safeguard the right to life of every person. Preservation of human life is thus of paramount importance. The government hospitals run by the State and the medical officers employed therein are duty-bound to extend medical assistance for preserving human life. Failure on the part of a government hospital to provide timely medical treatment to a person in need of such treatment results in violation of his right to life guaranteed under Article 21. --------" 11. Article 21 of the Constitution of India provides that no person shall be deprived of his right to life or personal liberty except according to procedure established by law. Right to life also includes right to health and medical aid. Thus, the State is under the constitutional obligation to protect the life of human beings by providing them hindrance free access to medical facilities. The news report as well as the materials available on record suggest that in Sadar Hospital, Ranchi, the patients are facing difficulty in free access and thus they are deprived of getting timely medical treatment. Thus, the State is under the constitutional obligation to protect the life of human beings by providing them hindrance free access to medical facilities. The news report as well as the materials available on record suggest that in Sadar Hospital, Ranchi, the patients are facing difficulty in free access and thus they are deprived of getting timely medical treatment. Accordingly, following directions are passed: (i) The Superintendent of Police, Traffic, Ranchi is directed to depute sufficient number of Constables outside the main gate of Sadar Hospital, Ranchi to ensure that the same is not blocked by illegal parking of auto-rickshaws etc. The said deployment of Constables will be in addition to “Motorcycle Abhiyan Dasta” in the said area. (ii) The Civil Surgeon, Ranchi shall take immediate measures to ensure that the vehicles are properly parked inside the hospital premises. If the path between the main gate and the emergency gate of the hospital is found blocked due to reckless parking of vehicles, the Civil Surgeon, Ranchi shall be held responsible for the same. 12. Both the aforesaid officers shall ensure that no such incident, as was reported in “Dainik Bhaskar” Hindi Daily Newspaper in its edition dated 08.08.2025, is repeated in future. 13. The present W.P.(PIL) is disposed of accordingly.