Telangana HC seeks details on Covid cases

The cases were adjourned as the report filed by Dr Srinivas Rao, Director of Medical Health and Family Welfare, was not placed before the court.

Hyderabad: A two-judge panel of the Telangana High Court on Thursday adjourned a batch of cases pertaining to various reliefs filed as writ petitions and public interest litigations regarding the coronavirus pandemic. The cases were adjourned as the report filed by Dr Srinivas Rao, Director of Medical Health and Family Welfare, was not placed before the court. The panel, comprising Chief Justice Raghvendra Singh Chauhan and Justice B Vijaysen Reddy, further tagged a fresh public interest petition filed by Smiriti Jaiswal, advocate, who appeared as party in person challenging the ineffective and unproductive handling of the state Covid helpline number 104.

He sought directions to the state to implement a Standard Operating Procedure and protocol to be followed by the Covid helpline executives to assist and guide any person whose family friend or neighbour is found Covid positive. He sought directions to ensure a fully functional helpline that has real time updates of information regarding the availability of beds, testing kits and ambulances in the area that the caller belongs to and make the executives aware of Covid symptoms in order to assist the callers.

Another fresh PIL filed by Ram Prasad Teegala questioning the inaction of the state in directing all the clinical establishments, established under the Clinical Establishments Act 2010, in Telangana to attach the Cycle Threshold Value or t-value to Reverse Transcription Polymerase Chain Reaction RTPCR test results of Covid patients so as to contain the spread of the virus. The panel while adjourning the case to October 12 directed the government to respond to the two fresh cases filed.

Panel pulls up govt for not filling vacancies

The two-judge panel also faulted the government for not filling vacancies of various statutory commissions and committees. It was dealing with a writ plea filed by Prajwala, an NGO, questioning the inaction of the government and its failure to constitute the district level Child Welfare Committees. Prajwala pointed out that the present CWC has been functioning for nearly a decade while law prohibits any person to be on such board for a period more than three years. “How soon, not how long will you take. We would like to know at the next hearing,” the panel said while adjourning the matter to next week. It quizzed the Advocate General on various issues relating to child care. The panel pointed out that most of the children who are missing are adolescents and could well be victims of flesh trade. “Be a model state in reality not in just your affidavit,” Justice Vijaysen Reddy commented. Referring to a report of the state of affairs in all the children homes in the State, the panel said it is about four years since the report was submitted and required the government to file a fresh report by November 19. It also required the Advocate General to place before it the entire action plan of the government in filling vacancies not only of the CWC but of various commissions that remain unfilled for a long time.

GHMC warned on illegal constructions

The panel also faulted the GHMC for its visibly indifferent approach to illegal constructions in the city. A high ranking official of the GHMC was before the court to give details of the various industrial units in Shastripuram and Tata Nagar. Of the 345 industries in the area, the panel was informed that about 114 have been made to vacate the premises. Dealing with the balance, the court pointed to how Councils of the GHMC and its officials were seemingly hand in glove to permit illegal constructions in the city. This would surely impact incoming investments into the State, the Chief Justice warned. With the GHMC found wanting in taking necessary action as available to it under the law, the panel again granted time to the civic body and adjourned the matter.

Green nod to pharma firm questioned

The same panel, while dealing with a PIL filed by Lakshmi Narsimha Rao challenging an order of the Environment Ministry in February giving environmental clearance to Hazelo Lab Private Limited for expansion at Dothigudem village of Yadadri Bhuvanagiri district, questioned the petitioner as to how many drug manufacturing units are situated in the district and further enquired as to why only one unit was made a party in the writ petition. It also said if there was air pollution then all the units causing pollution have to be made parties in the PIL. Boggula Raju, counsel for the petitioner, complained that the grant of environment clearance for the unit was not considering the facets of air pollution being caused in the vicinity. The court posted the matter to November 19 and directed the petitioner to convince the court about his bonafides in filing the PIL.

Housing board lands

The same panel in a PIL filed by Community Organization for Peoples Emancipation directed the petitioner to file cogent evidence that the government was planning to alienate the Housing Board land to third parties and real estate agencies. The PIL was filed seeking directions to the Principal Secretary, Housing Board, not to alienate or auction the housing board lands to real estate agencies and corporate agencies or third parties in open auction. The petitioner’s counsel contended that the sale would be in violation of aims and objectives of Housing Board Act. The panel questioned the petitioner regarding the proof of such alienation to which the petitioner’s counsel replied that a statement was made in the Assembly and that the Minister directed the officials to earmark the available land of the Housing Board. The panel observed that statements made in the Assembly and the directions of the Minister cannot be considered as sufficient proof and while posting the case to after two weeks directed the petitioner to file evidence supporting their complaint.

PIL withdrawn

The same panel, while dealing with a PIL filed by the Forum for Social Justice and Anti Corruption, was inclined to dismiss the PIL with exemplary costs. The PIL challenged the action of the Director General of Police, Telangana, for not taking any stringent action since 2014 to recover the public money worth Rs 150 lakh as per the procedure of law against the accused in more than five FIRs. The petitioner complained that the said action was illegal, arbitrary and in violation of PC Act 1988. The petitioner sought an investigation by the Central Bureau of Investigation related to Rs 150 lakh of public money. When the panel refused to entertain the said PIL, the counsel for the petitioner withdrew it.

Compensation to farmers

The same panel adjourned by six weeks a PIL filed by Payal Shankar, social activist from Adilabad, questioning the inaction of the government in not paying compensation to farmers in spite of farmers paying premiums for the period of 2018 – 2019 kharif and rabi seasons. The petitioner pointed out to an order of the Telangana Agriculture and Cooperation Department ignoring the risk period as mentioned in both Pradhan Mantri Fasal Bheema Yojana and Restructured weather-based crop insurance scheme. He complained that the authorities failed to act on representations submitted to both the District Collector and Joint Director of Agriculture. The petitioner sought directions to immediately release their respective share pertaining to these crops for payment of crop insurance/compensation to enrolled farmers. He further sought directions to pay 12% interest for the delay in settlement of claims. The panel adjourned the matter granting time to the authorities to respond.

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