Court On Its Own Motion vs State Through Chief Secretary And Anr

Indrajit Mahanty, CJ

Heard learned counsel for the respective parties.

Pursuant to our directions in this batch of cases, dated 19th November 2021, an affidavit has come to be filed by the State sworn in by the Director of Health Services dated 2nd December 2021. The said affidavit contains various documents as well to indicate what steps have been taken by the State for the purpose of vaccination, treatment of patients and installation of oxygen plants. Our attention was drawn to Annexure - D which indicates the progress of vaccination in the State of Tripura between the period 3rd November 2021 and 29th November 2021 under the Tripura Har Ghar Dastak Campaign Activity. Annexures - D and E indicate the summery of the total vaccination for Covid - 19 carried out till 1st December 2021 in the State of Tripura. Perusing Annexures D, E and F while there is no doubt that substantial progress in the matter of vaccination has taken effect, yet it would be appropriate to draw the attention of the State for initiating special drive for those who have only taken the 1st doze and not taken the 2nd dose as well. Since the details of all the beneficiaries who have been vaccinated are available with the State this Court suggests messages to be sent by SMS and or other means suggesting to the said person to come for the 2nd doze of vaccination as well as advertisement be published in the newspapers repeatedly reminding citizens of Tripura about the importance and necessity to take the 2nd doze. Further effort has to be undertaken by the State to cover more and more people under vaccination and special drives in this respect are called for especially for people who are living in far flung distant places especially within forest and within inaccessible places.

We also are informed by the affidavit and under Annexure-G that 22 Pressure Swing Absorption (PSA) oxygen plant which has been sanctioned for the State of Tripura in the 1st and 2nd phase of the Covid - 19 pandemic by the Government of India through the PM Cares fund and from UNICEF and UNDP support. The report under Annexure - G indicates that all the units have been commissioned except at Gomati and North Tripura which appear to be pending commissioning due to pending connection of DG set with the plant channel and due to lack of electricity connection. We call upon the State to file a further affidavit indicating commissioning of such plants at the aforesaid two locations.

Apart from the above, we call upon the State to file a further affidavit indicating as to whether after the PSA plants have been made operational and/or commissioned such plants and in the hospitals where they are located have the necessary ancillary oxygen piping etc. which were being made available for patients in need of such oxygen. We are informed by the learned Government Advocate that the tender itself for installation of the PSA plants required installation of the internal piping for the purpose of making the oxygen available to patients directly. However, we call upon the State to file an affidavit indicating as to whether the oxygen producing plants which are being commissioned and/or likely to be commissioned are directly available for the benefit of use by its patient or not.

In so far as averment contained in paragraph 6 of the affidavit is concerned, we commend the Government for having taken a decision to establish a Unit for Genome sequencing in the Virology Laboratory at Agartala Government Medical College (AGMC). However, it appears that the file pertaining to the aforesaid subject is still awaiting final clearance. We need to stress herein the importance of such equipment to be purchased immediately keeping in view the necessity of Genome sequencing especially with the arrival of the Omicron variant of Covid-19 in our country. Therefore, we call upon the State and direct the State to take immediate steps to procure such laboratory equipment for Genome sequencing at the very earliest and further affidavit be filed indicating not only its procurement but also its installation and operationalization. It need not be reiterated that the benefit of such Genome sequencing will be highly essential for the doctors in the State of Tripura to treat its patients not only for Omicron variant of Covid-19 but for many other diseases for which treatments are not available bereft of the knowledge of Genome sequencing. It may be important also to note herein that the Government once it places its order for the equipment of all Genome sequencing, may simultaneously send the persons who will be in-charge of operating the said equipment for necessary training so that by the time the equipment is installed, trained manpower is available on site for the purpose of operating the machine for the benefit of the citizens of the State.

List this matter on 28th January 2022.

A further affidavit, as directed, be filed by the Director of Healthy Services with the appropriate steps taken by them on all aspects as indicated hereinabove.

Copy of the order be handed over to learned Government Advocate and learned Amicus Curiae during the course of the day.