SHILLONG: The High Court of Meghalaya on Thursday issued a slew of directives and warned people against obstructing the burial or cremation of coronavirus patients.
The order comes in response to a PIL filed by High Court of Meghalaya Bar Association in the wake of confusion over the burial of Dr. John L Sailo Ryntathiang, who died of coronavirus on Wednesday. The PIL also stressed on the need for effective monitoring of the situation by the state government to contain the spread of COVID and to mitigate the plight of the citizens of Meghalaya.
The division bench comprising Justice HS Thangkhiew and Justice W. Diengdoh, observed that any person, local body/Dorbar Shnong or organisation which obstructs the state authorities in the control of the pandemic or any matter connected thereto, such as body management, cremation and burial shall be dealt with in accordance with law and cases will have to be registered under appropriate provisions of law.
The court took up the matter through video conferencing and observed that an additional affidavit was filed on Thursday by the petitioners to bring on record subsequent developments and the crisis that had emerged, while disposing of mortal remains of Dr. Sailo.
The state government also filed a status report regarding the steps taken in combating the spread of the disease.
SP Mahanta, senior counsel voiced concern that there should not be any victimisation of the persons requiring assistance and help, and that their grievances be addressed.
The counsel further submitted that there is a need for setting up screening booths in adequate numbers, and the respondents should be directed to disclose the number of PPE and test kits available with the government.
He also submitted that there is no designated COVID hospital and that no notification has been issued with regard to the manner in which the state would handle the burial and cremation of the persons who fall victim to the virus and also the manner in which the quarantine centres are managed, more particularly after the detection of positive cases in Shillong.
K. Paul, vice president of the High Court Bar Association in addition to the submissions made by the senior counsel has raised concerns with regard to the events on April 13 when the first positive COVID case was detected in Shillong which led to the death of the senior doctor and flagged the incompetent manner in which the state authorities handled the situation.
The counsel also referred to local traditional bodies preventing the funeral of the doctor.
A. Kumar, Advocate General, appearing on behalf of the state, submitted that apart from the maintainability aspect, the petitioners should first see the steps taken by the state, instead of making vague allegations. He submitted that all necessary preventive measures have been taken with regard to the pandemic situation and the same is being handled by the state also in accordance several directions that have been issued by the Supreme Court in various petitions with have been taken up in this connection.
On the aspect of denial of cremation and burial, he submitted that it was extremely unfortunate.
K. Ch. Gautam, another counsel for the petitioners, submitted that to avoid such unpleasant occurrences as happened on April 15, it is of prime importance that the state authorities enlighten the general public and sensitise them to make them aware as to the actual facts and circumstances of the situation.
A. Paul, ASG has also reiterated the concerns raised and submitted that till the tracing of primary contacts, curfew should be strictly imposed.
Concerns were also raised on the manner in which people are being treated and ostracised by the society just because they have come in contact or visited Bethany Hospital during the relevant period.
After hearing the submissions and the concerns, the court said that on the subsequent events after the detection of the first case and the unfortunate demise of the senior doctor, ‘this court cannot but remark on the inept way the same was handled by the state authorities and the conduct of the local bodies/Dorbar Shnong which has shocked the conscience of every right thinking individual’.
The court noted that the state authorities have reposed immense faith on the Dorbar Shnong to ease the troubles of the citizens in the crisis, but as seen, the two local authorities of Nongpoh and Jhalupara by their actions and conduct, instead of being part of the solution were adding to the problems, the court added.
The court asked the state health authorities to immediately ensure the testing of the primary contacts and if the same is not possible to be conducted immediately, to place the persons who have voluntarily come forward in quarantine, till such test has been conducted and to render adequate assistance as required.
Adequate food
It also asked the state authorities to ensure that adequate assistance is rendered to the patients who are stranded in Bethany Hospital and also who are housed in other quarantine facility and that adequate food and water be made available for which the help of the civil society can also be availed to procure the same for distribution.
The court asked the government to ensure that personnel are available with adequate personal protection to receive the food packets for distribution to the inmates besides state authorities were asked to strictly follow the guidelines on body management as prescribed by the Centre.
It also asked the state authorities to sensitise the public especially related to the cremation/burial of bodies to avoid any further unfortunate incident.
The court wanted the authorities to take stern action for enforcement of the rule of law, especially in the light of the incident on April 15 wherein public had violated the curfew and all social distancing norms, in coming out in protest against the proposed cremation.
The matter will come up for hearing on April 21 for response from the petitioners on the status report and for further orders.
