DB directs to file compliance failing which Court to take cognizance under law

Contempt in PIL regarding facilities for cancer patients

STATE TIMES NEWS

JAMMU: In a contempt petition filed by AV Gupta in public interest litigation regarding direction to the State to provide basic health facilities for treatment of cancer in the State of Jammu and Kashmir and also to provide adequate number of oncologists, Oncosurgeons, PET scan machines and all other experts in the relevant field for the treatment of various types of cancer in all the regions of the State of Jammu & Kashmir, a Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice (Acting) Tashi Rabstan and Justice Puneet Gupta observed that the respondents have failed to show that what happened with regard to installation of PET Scan Machinery in other Government Medical Colleges of the State in terms of judgment dated February 17, 2016.
DB directed the respondents to do the needful within two months and file compliance of judgment dated February 17, 2016 in toto, failing which this Court would be left with no option but to take cognizance under law.
When the contempt petition came-up for hearing, Division Bench observed that This Court vide judgment dated February 17, 2016 delivered in WPPIL No.21/2015 had directed the respondents to take effective steps for installation of PET Scan Machinery in all the Government Medical Colleges of the State.
However, in the instant contempt petition, learned AAG made a statement on February 9, 2023 that in the mid of 2022 a PET Scan Machine would be installed in the Super Specialty Hospital, Jammu. Copy of Government Order No.365-JK(HME) of 2021 dated May 6, 2021 was also placed before the Court on the said date indicating that 196 posts had been created for the State Cancer Institute (SCI) at Super Specialty Hospital (Government Medical College), Jammu for various departments.
Accordingly, this Court vide order dated February 9, 2023 had directed the Chief Secretary of the Union Territory to file an affidavit mentioning the exact amount of time needed for making the OPD operational and PET Scan Machines installed.
Thereafter, on July 1, 2024 this Court had requested the Advocate General to assist the Court in the matter and file a brief status report with regard to appointment of doctors and installation of PET Scan machines.
DB further observed that in terms of said order, status report came to be filed on behalf of Principal, Government Medical College, Jammu on August 8, 2024. Annexure-1 attached to the status report reveals that the PET Scan Machine has already been installed in the State Cancer Institute, Jammu; the first PET Scan was performed on July 18, 2024 and till August 8, 2024, 29 free of cost PET Scans have been done.
However, the respondents have failed to show that what happened with regard to installation of PET Scan Machinery in other Government Medical Colleges of the State in terms of judgment dated February 17, 2016, DB said.