SC stays ex-IPS officer's sentence in Dhoni's contempt plea
New Delhi, Feb 5: The Supreme Court on Monday granted an interim stay on the 15-day simple imprisonment given by the Madras High Court to retired IPS officer G Sampath Kumar in a contempt of court case filed by former team India cricket captain Mahendra Singh Dhoni.
A bench of Justices A S Oka and Ujjal Bhuyan issued notice on Kumar's plea against the high court order.
The matter has been posted for next hearing on March 8.
The high court on December 15 last year had found Kumar guilty of committing criminal contempt and sentenced him to 15-day simple imprisonment.
In his contempt petition, Dhoni sought to punish Kumar for the remarks made by him against the judiciary in his written statement filed in response to a Rs 100 crore defamation suit.
Dhoni had moved the court in 2014 against the former cop for having named the popular cricketer in the Indian Premier League (IPL) betting scam.
In its order, the high court had said Kumar has consciously made an attempt to scandalise and to lower the authority of this court and the Supreme Court. It was established that an affidavit or any pleading that was presented by a party before the court was an act of publication.
Kumar, by his specific words, has attacked the judiciary indecently with an intention to scandalise and undermine the dignity and majesty of this court as well as the apex Court, the high court had said.
The high court had said when a general statement was made against it for granting interim order describing the order as an abuse of process of law, it was not a fair comment. Similarly, accusing the Supreme Court that it failed to focus on "Rule of Law" cannot be accepted as a fair expression of grievance of a party to the dispute, the bench added.
The high court had said Kumar was a responsible police officer who had the occasion to investigate a crime.
The freedom of speech and expression cannot be extended to undermine the statutory limits as contained in the Contempt of Courts Act. Since maintenance of dignity of courts was one of the cardinal principles of Rule of Law, any publication or a public speech which results in undermining it cannot be permitted, as held by the SC in several precedents, the high court had said.
The high court had said the Contempt of Courts Act has been enacted to secure public respect and confidence in the judiciary as an institution.
"If persons like Sampath Kumar were allowed to shake the confidence of the public in the impartial administration of justice, it should be treated as an attack on the judiciary.
"In the present case, we are convinced that the statements made by the respondent in the additional written statement is with an intention to scandalise this court, to lower its authority, and to destroy the confidence of people in the administration of justice.
"From the language and the context, this court has no hesitation to hold that the respondent wants to convey a message in the additional written statement that the high court as well as the Supreme Court, while passing orders, either do not follow Rule of Law or pass orders which are nothing but abuse of process of law", the high court had said.
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SC asks states, UTs to prepare action plan to implement guidelines for intensive care services
New Delhi (PTI): The Supreme Court has asked all the states and Union Territories to prepare a "realistic and practical" action plan to implement the guidelines necessary as a minimum standard for intensive care units.
The apex court was informed that "Guidelines for Organisation and Delivery of Intensive Care Services", on which there is consensus and which is practical, implementable and necessary as a minimum standard for an ICU, has been prepared.
A bench of Justices Ahsanuddin Amanullah and R Mahadevan said copies of the guidelines should be shared with all the states and UTs.
"Moving further, as an immediate measure, let all the additional chief secretaries/secretaries ... heading the department of health and medical education in the states and the UTs, convene a meeting of all experts involved in this exercise to prepare an action plan for implementation of the guidelines. Such a plan shall be realistic and practical," the bench said in its April 20 order.
The top court was hearing a matter relating to healthcare services, including guidelines for the treatment of patients in the ICU or critical care unit.
The bench said five basic issues shall be identified and prioritised in the first instance.
"The challenge ... lies in determining what ought to be treated as absolutely essential and mandatory; accordingly, an initial list of five basic requirements, in terms of priority, relating to both manpower and equipment/logistics, shall be prepared," it said.
It said a methodology should also be formulated for implementation on the ground, and more importantly, a mechanism to ensure compliance and monitoring of the implementation.
"We expect the exercise to commence immediately and the first meeting to be held within one week from today. We direct that the meeting shall be attended personally by the concerned additional chief secretary/secretary ... heading the department of health and medical education in the states and the UTs," the bench said.
It said the report prepared pursuant to the deliberations should be forwarded by the respective states and UTs to the Secretary of the Department of Health, Government of India, who in turn would circulate it to all the states and UTs.
The bench said thereafter, a meeting of all concerned should be convened where a final common agreed draft shall be prepared and circulated.
"A final report/blueprint/recommendation shall be prepared, which shall be placed before this court on the next date," it said, adding that the entire exercise should be completed within three weeks.
"Let the Ministry of Health, Government of India, formally issue the guidelines placed before us today, to the states and UTs concerned by way of an advisory. A copy of it shall also be uploaded on the website of the Ministry of Health, Government of India," the bench said, while posting the matter for further hearing on May 18.
During the hearing, it was suggested that for future requirements, the nursing staff should be trained to handle such situations since they remain with the patient round the clock, unlike doctors who may visit periodically.
"We fully endorse the suggestion, which is not only pragmatic but also imperative. Accordingly, the Indian Nursing Council and the Para Medical Council of India are impleaded as party respondents," the bench said.
It said on the next date, the newly added respondents shall come up with a plan indicating how they propose to augment the courses or curriculum and training imparted by them so that persons emerging from institutions recognised by them are capable of managing and handling situations in the ICUs.
