NEW DELHI: The Supreme Court on Friday stayed the July 8 notification of the Gujarat government that gave clinics, nursing homes and hospitals exemption till June 2022 to comply with building by-laws if they were operating from structures not compliant with urban planning norms.
"You cannot overturn a judicial order seeking compliance of all norms, including fire safety rules, by all nursing homes, clinics and hospitals by an executive order," said a bench of Justices D Y Chandrachud and M R Saha. It also tossed out a petition by the Ahmedabad Medical Association which said abrupt closure of non-compliant healthcare facilities would shut out nearly 30,000 beds, which could prove to be a disaster for the public, especially when experts are predicting a third wave of Covid-19 pandemic.
The bench said, "If the mushrooming clinics operating from residential areas without fire exit, fire safety and without complying with urban town planning norms are closed, it would save the patients from risking their lives. We saw how several people were killed in fires at hospitals in Ahmedabad, Rajkot and Mumbai."
It also brushed aside the Gujarat government's plea that the July 8 notification was meant only to give time to hospitals to comply with all building by-law regulations and was considered a breather given the pandemic situation when sudden expansion of healthcare facilities was not possible.
Justices Chandrachud and Shah said successive governments for years have been protecting illegal structures used as clinics and nursing homes for the purpose of minting money by fleecing the patients without caring for their safety.
"Now the government has come out with a notification, which is shocking to say the least. It appears that they are hellbent on protecting illegally operating clinics and nursing homes. If a clinic operates from the top floor of a residential complex, how will the patients have a safe exit in case of a fire incident? This is impermissible and would also cause chaos in town planning," the bench said.
The bench said it has received in sealed cover a copy of the Commission of Inquiry report into the fire incidents at the hospitals in Ahmedabad and Rajkot in which14 patients were killed. It asked Solicitor General Tushar Mehta to advise Gujarat government to table the report in the assembly at the earliest. The SG said the government would do so.
The government also informed court that it has already sealed many clinics and nursing homes which are non-compliant with fire safety norms. During the July 19 hearing, the bench had said that the July 8 notification was prima facie in breach of the SC's December 18 order directing hospitals to strictly follow fire safety norms or face closure.
"Once there is a mandamus by the SC, it cannot be overruled or nullified by an Executive notification. When you (Gujarat) say that no action for building by-law infringements will be taken till June 30 next year, do you want more people to die from similar incidents?" it had asked.
‘Why no action in Shrey case?’
An Ahmedabad Municipal Corporation’s elected representative has asked why no action has been taken against those responsible for the fire at Shrey Hospital that claimed eight lives. “No FIR has been lodged against AMC officials or hospital trustees for the fire that occurred to an electrical short circuit late on August 6, 2020,” said Danilimda councillor Jamna Vegada, while speaking at AMC’s general meeting held on Friday. She said that the hospital was lacking in necessary fire safety equipment, and ensuring that was the responsibility of the civic body.
