The Jammu & Kashmir and Ladakh High Court has directed the Chief Secretaries and DGPs of both the Union Territories i.e. UT of Jammu & Kashmir and the UT of Ladakh, to develop a mechanism in consultation with the Health Department, aimed at hassle free movement of the ambulances in both the Union Territories.

The Court was dealing with a PIL filed in this regard by an NGO White Globe, a registered trust seeking a writ of mandamus directing the respondents to formulate a Comprehensive Standard Operating Procedure within themselves for the purposes of hassle free movement of patient care ambulances in the time of need and while transporting the patients to and fro to the hospitals with a further direction seeking implementation of the traffic advisory issued by the Traffic Police Department.

A Division Bench of Chief Justice Tashi Rabstan and Justice Puneet Gupta observed, "After going through the statements made in the affidavit (supra) by the Divisional Commissioner, Kashmir, we are of the opinion that most of the departments have already taken note of the grievances put forth before this Court in the present Public Interest Litigation and have taken appropriate actions to redress the same. Accordingly, there is no need to keep the present petition pending and the same is disposed of by directing the Chief Secretaries and DGPs of both the Union Territories i.e. UT of Jammu & Kashmir and the UT of Ladakh, to develop a mechanism, in consultation with the Health Department, aimed at hassle free movement of the ambulances in both the Union Territories while keeping in view the order of the Sr. Supdt. Of Police, Traffic, City Srinagar (supra)."

The Court, last year had appointed the Divisional Commissioner Kashmir, as Nodal Officer and he was directed to file a comprehensive affidavit based on the inputs received from the departments/ respondents in the matter so as to maintain unanimity and consistency in the stand taken by the respondents.

In the affidavit subsequently filed, it was stated that on the basis of the report of the Mission Director, the National Health Mission, J&K, has undertaken an initiative of J&K Emergency Medical Services (JKEMS) under Public Private Partnership (PPP Mode) since 24th March, 2020 with BVG India Pvt. Ltd. and brief details of the services provided by the J&K Emergency Services have also been given.

The Court also took note of the report that the old ambulances which have exhausted their useful life are removed from the Active Ambulance Fleet and a large number of such vehicles stand already put to auction as well. It was also stated in the affidavit that the Motor Vehicles Department issues/ renews certificates of fitness of Ambulances only after satisfying fully that the vehicle is compliant with the AIR-125 (National Ambulance Code) and ambulances not meeting the National Ambulance Code are denied fitness.

It was also stated that in order to ensure hassle free movement of ambulances, the information of movement of emergency cases and inter district referral cases is shared with the Traffic Department

It was also averred that the Srinagar Traffic Police Office has also established a dedicated (24x7) Control Room wherein citizens can get real time assistance with regard to traffic. The PIL was accordingly disposed off.

Cause Title: White Globe vs State of Jammu & Kashmir

Appearance:

Respondent: Mohsin S. Qadiri, Sr. AAG along with Maha Majeed, Assisting Counsel, Illyas Nazir Laway, GA.

Click here to read/ download the order


Jammu & Kashmir and Ladakh High Court

Sheetal Joon