The State government on Thursday made an embarrassing disclosure before the High Court of Karnataka when it said that the law that empowers the State to deal with emergency situations — the Essential Services Maintenance Act (ESMA) — has not been in the law book from the past 10 years.
“ESMA was in operation between 1994 and 2004. It lapsed in 2004 and thereafter, it has not been revived. The process to revive ESMA was initiated during the previous session of the State legislature, but it could not be completed,” government counsel told the court.
“Why had the government not disclosed to the court, both in 2005 and 2009, that ESMA was not operational in the State. Have you [government] not suppressed the fact from the court,” a Division Bench comprising Justice K.L. Manjunath and Justice Ravi Malimath observed orally, while castigating the State for its callousness towards the orders passed by the court.
Meanwhile, the counsel for the Karnataka State Government Medical Officers’ Association clarified to the Bench that doctors were aware of the court’s earlier directions against striking and that they had only submitted their resignations.
“Don’t you think that en masse resignation will amount to indirect strike? Are you not misleading the court,” the Bench asked the counsel when he said that doctors availed one-day leave.
‘Who sanctioned leave?’As the counsel said that 911 doctors had submitted their resignations on Monday, the Bench asked, “Who sanctioned leave for all of them? How did they leave their headquarters to reach Bangalore to submit their resignation? Will your association pay compensation for the relatives of those who died in government hospitals?”
However, counsel for both the government and the doctors categorically maintained that there was no death in government hospitals following the resignation of doctors.
Meanwhile, the State admitted that it could not make alternative arrangements at primary health centres (PHCs) though it had made arrangements for drawing doctors from government and private medical colleges at taluk- and district-levels
The Bench adjourned hearing on a PIL, which complained about doctors’ actions, to Monday asking the government to elaborate to what extent people were affected owing to the doctors’ absence.
