The Delhi High Court on Wednesday directed authorities in the national capital to immediately take over subways near government hospitals, and provide beds and tents for those waiting for treatment and their relatives camped outside to protect them from the cold, the Hindustan Times reported.

A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia issued the directions to the Delhi Urban Shelter Improvement Board, saying that denying shelter amounted to a violation of fundamental rights. Refuge cannot be denied on the grounds of the paucity of funds or other resources, the judges said.

The bench said that the government and its agencies were duty-bound to ensure that homeless persons, and those waiting to be treated at hospitals and their relatives, were given adequate space to take shelter, Bar and Bench reported.

The order covers areas near major government hospitals in the national capital such as All India Institute of Medical Sciences, Ram Manohar Lohia Hospital, Vardhman Mahavir Medical College and Lady Hardinge Medical College in the national capital.

The court directed the shelter board to take over subways near these areas by Wednesday evening, and erect tents or shelters with essential amenities, the Hindustan Times reported.

The Municipal Corporation of Delhi and the Delhi Development Authority were asked to cooperate with the shelter board, “failing which the court may take a strong view of the matter and erring officials of these agencies may be held accountable”.

The bench said that the direction applied to the Delhi Police and Delhi Metro Rail Corporation as well.

The direction was issued after the court on Monday took suo motu cognisance of a report in The Hindu that described the condition of patients and their kin staying on the streets near AIIMS due to the lack of affordable accommodation.

On Wednesday, the court was told that the counsel for the Union government, Ashish Dixit, visited shelters near AIIMS and Safdarjung Hospital in the national capital, and reported a need for at least 400 additional beds. Dixit also reported that most of the occupants were cancer patients or their attendants.

A non-profit organisation also submitted photographs of the shelter to the bench, saying that its office-bearers had visited several locations, Bar and Bench reported.

Taking into account these submissions and the arguments from the counsel for several government authorities, the bench noted that the reality on the ground appeared very different from the claims made before it.

The court said that a meeting shall be held on Friday under the chairmanship of the Principal District Judge (South District) to chalk out a short-term plan. This will be implemented from Friday itself to meet the current exigencies, it added.

The case will be heard further on Friday.