While concluding a public interest litigation (PIL), a bench comprising Chief Justice Tashi Rabstan and Justice Puneet Guptahighlighted the critical need for rapid medical response systems in the event of a public health emergency.

The PIL filed by White Globe, a registered trust, through its chairman, Shoaib Iqbal Qureshi, had sought a writ of mandamus requiring the state to lay down a comprehensive standard operating procedure (SOP) for the smooth movement of ambulances, ensuring timely transportation of patients to hospitals without delay. The trust has highlighted the importance of efficient ambulance passage, particularly in congested urban areas where traffic can have a serious impact on response times.

To ensure a coherent response to the concerns of the petition, the Court, in its earlier order, had appointed the Divisional Commissioner of Kashmir as the nodal officer and was directed to draft a comprehensive affidavit, consolidating inputs from various departments to present a unified position on the questions. raised.

Going through the affidavit filed on February 22, 2024, the court noted detailed inputs from departments such as National Health Mission (NHM) J&K, Directorate of Health Services and Regional Transport Office Kashmir, which outlined the key initiatives under the Jammu & Kashmir Emergency Medical Services (JKEMS) Scheme, implemented in collaboration with BVG India Pvt. Ltd. since March 2020.

The court noted that JKEMS currently operates a fleet of GPS-enabled ambulances, including 71 Advanced Life Support (ALS) ambulances and additional Basic Life Support (BLS) vehicles, accessible via a toll-free 108 service and response times are designed to operate within 20 minutes in urban areas and 30 minutes in rural areas, improving the reach and efficiency of the fleet.

Additionally, the affidavit stated that obsolete ambulances, unfit for service, had been retired and sold at auction, ensuring that the active fleet complied with the National Ambulance Code. The affidavit also notes a collaboration with the Traffic Department, through which emergency movement information is communicated to facilitate smoother passage, as well as a 24/7 control room. 7 in Srinagar to provide real-time roadside assistance to emergency vehicles.

After careful consideration of the nodal officer’s affidavit, the court recognized the substantial efforts already undertaken by various departments to resolve the issues raised in the PIL. In particular, the Court observed:

“The petitioner has filed a copy of the order issued by the Principal Superintendent of Police, Traffic, Srinagar City, in November 2015, under the title ‘Standing Operational Procedure for Free Passage of Ambulances’ in order to ensure free movement of ambulances in the city of Srinagar.

Recognizing the progress made, the Court did not consider it necessary to prolong the case. “Having considered the statements made in the affidavit (supra) of the Divisional Commissioner, Kashmir, we are of the view that most of the Departments have already taken note of the grievances presented before this Court in the present Public Interest Litigation and took appropriate measures to remedy the situation,” noted the Court.

Directing the chief secretaries and DGPs of the two UTs, in coordination with the health departments, to devise a standardized mechanism to ensure uninterrupted movement of ambulances across Jammu and Kashmir and Ladakh, the court closed the PIL, noting:

“Therefore, there is no need to keep the present petition in abeyance and the same is disposed of. »

Case Title: White Globe v State of J&K

Citation: 2024 LiveLaw (JKL) 297

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