PLEA FOR PROVIDING PROPER PPE KIT TO COVID WARRIORS- PETITIONER OFFERS PAYMENT OF 10 KITS- GAUHATI HC DISMISSES PIL WITH 50K COST
A Division Bench of the Gauhati High Court dismissed a Public Interest Litigation (PIL) software to offer PPE kits/fits powered by air-purifying breathing devices to the Corona Warriors to make sure minimal human operating conditions to the medical doctors, medical experts and other paramedical staffs associated with Covid related duties.
The Court has additionally imposed a cost of Rs. 50000/-on the petitioner.
A practicing attorney appearing party in-individual informed the Court that the frontline workers, in particular the medical doctors and the paramedics, aren't supplied with right Personal Protective Equipment (PPE) kits.
"The PPE Kit that is currently being supplied to medical doctors and paramedics are non-porous, and it does not permit air to pass in and out, and it causes much discomfort to the doctors while examining the patients," the petitioner adds.
The petitioner submitted before a bench of Chief Justice Mr. Sudhanshu Dhulia and Justice Manash Ranjan Pathak that any other PPE Kit is available in the marketplace with "Air Purifying Respiratory Devices." The petitioner additionally provided a fee evaluation amongst 5 companies manufacturing or handling such equipment. It states that the PPE kits' costs range from Rs.10,800/- to Rs.1,19,400/- per piece.
While dismissing the plea, the Court said that the petitioner has made a completely abnormal request presenting a cheque of Rs.1,18,000/- to the Government to buy at least ten such PPE kits on an experimental basis.
"A proper and legit PIL should be encouraged by all Courts, but at the same time, a frivolous PIL that is being filed for extraneous reasons must be discouraged as laid down by the Hon'ble Apex Court in its seminal judgment, i.e., the State of Uttaranchal vs. Balwant Singh Chaufal & Ors (2010) 3 SCC 40."
The Court held that the petitioner, who's neither a medical doctor nor a paramedic, has a grievance that the present PPE kits need to be changed. It observes that the petitioner isn't a doctor or paramedic, and her declare does not rest on any verifiable data.
"The prayer for a direction from this Court for buy of a particular kind of PPE kit is an issue which can not be considered by a Court in a PIL. As if this was not enough, the petitioner has also offered a cheque of Rs.1,18,000/- to the Government through this Court to purchase these "special" PPE kits."
The Court held that the petitioner is circuitously asked the Court to order the State for buying PPE kits of a specific company, i.e., BHT Technologies LLP.
The Court has directed that the price which will be deposited in the Registry inside a period of 1 week, and be then transferred to the account of Advocate/Lawyers Fund.