The Bombay High Court on Thursday held that converting railway coaches into Intensive Care Unit (ICU) facilities for Covid patients, is not warranted in the present scenario. This comes after the HC was informed by the railways that coaches could not be converted into ICU facilities as major structural changes would be required.
A bench of Chief Justice Dipankar Datta and Justice Makarand Karnik accordingly dismissed a PIL filed by one Naresh Kapoor seeking directives to the authorities to convert coaches into ICU facilities, in case of emergency situations. The plea also sought using coaches as isolation or quarantine wards.
Pursuant to an earlier order, the railways had filed an affidavit before the bench advising against using coaches as ICU facilities.
The affidavit stated, "Conversion of coaches to ICU is not possible without extensive structural modifications and major changes. These changes would need detailed design and can be done only in units with elaborate manufacturing facilities.
Since the converted coaches were designed or meant to serve only very mild Covid positive patients or only as isolation centers, no ICU type facilities were felt essential or are available in the converted coaches."
The railways further stated that the isolation facilities were a temporary arrangement till it becomes regularly operational and the modification is reversible to make the coaches again fit for use for passenger services. "If major structural changes are carriedout, immediate re-use of these coaches as normal passenger coaches may also be not possible without major input, once the regualr train services starts.
Further conversion of non AC coaches to ICU may require major structural changes, which are practically not possible," the affidavit added.
In response to the affidavit, the counsel representing Kapoor sought adjournment arguing that he would demonstrate why making ICU facilities in railway coaches is important for the future.
Having considered the contentions, CJ Datta said, "Presently, the situation is not such that conversion of coaches into ICU units is warranted. That apart, whether to convert or not must be left to the decision of the executive."
"In such view of the matter, we do not propose to keep the PIL petition pending as interest of justice, in our opinion, would be sufficiently served if the PIL petition is disposed of at this stage," the judges added.
The judges, accoridngly, left it on the concerns authorities to take an appropriate decision in this regard. "The state as well as the Union governments and also the BMC may consider the desirability of adding to the existing ICU facilities in whatever manner it thinks best, in the event the situation worsens in future and the demand for more ICU units increases," the CJ said.
"We have no doubt in our mind that the authorities
shall not leave any stone unturned to preserve the lives of citizens despite these testing times and devise ways and means for reaching out to people in distress by providing proper and adequate health-care and medical treatment," the bench observed, while disposing of the PIL.
