Thread by @barandbench

Two-judge vacation bench of the Supreme Court headed by Justice Ashok Bhushan to hear @AamAadmiParty Govt of Delhi NCT's plea seeking to set aside the Delhi HC order staying its move to reserve 80% of ICU beds in private hospitals for #COVID19 patients

#SupremeCourt

Delhi govt has stated that HC failed to consider that it only directed 33 private nursing homes and hospitals (out of a total of almost 1170 private nursing homes and hospitals across NCT of Delhi) to reserve 80% of their ICU beds for COVID-19 patients
#SupremeCourt

The plea also points out that courts cannot interfere with policy decisions of the State, especially when the policy decision is taken in public interest.
@ArvindKejriwal
#hospitalbed
#COVID19

Bench assembles.

Petitioner is yet to connected. Bench states it would wait for the petitioner to be connected..

ASG Sanjay Jain appears for @AamAadmiParty Delhi Govt: this is not a adversarial litigation. We want to continue with the 80 percent reservation after reviewing the situation and discontinuation after a few weeks

Justice Ashok Bhushan: see the LPA order it was on the request of the appellant that the hearing was adjourned to November 27.

Jain: The counsel engaged to argue that day was diabetic and was not fit to argue the case and hence an adjournment was sought. But it can't be Nov 27

SC: why did not you make an appeal to prepone the hearing. You could have said there was urgency. Pray for fixing an early date and let them consider your grievances.

Jain: only one request, in the last few days the cases of COVID19 have crossed 7,000 per day

SC: it was 10,00 also and its a fluctuating state

Justice Gavai: you have not stated any material on record to show that no beds are available to COVID-19 Patients

Jain: a lot of people come from outside the state and get treated in private hospitals and use ICU beds. Expert committee suggested Delhi needs 6000 icu beds and we have 3500 beds. If we had the notification going in then we could have had 300 to 500 more beds.

Jain: Out of 133 hospitals, only 33 hospitals have been reserved

Justice Gavai: inform this to Delhi HC

Jain: the operation of the impugned judgments needs to be stayed for this week and this is crucial. Cases will rise beyond our control.

Adv Mariner Singh: Delhi HC is open today and matter is on November 18. They filed the reply at last date Division can be asked to consider whenever you deem fit

Jain: consider my predicament. Please ask the division bench to consider my matter tomorrow.
Now the matter on Nov 27

Maninder Singh: I am suggesting that since the matter is on video, instead of asking single bench, ask the division bench to consider on Nov 18

Jain: once the damage is done then what is the use. Please consider

Justice Bhushan: we will ask the LPA court to consider the matter day after tomorrow

Orders: This SLP has been filed against the Delhi HC order which listed the matter next on Nov 27. ASG jain says it needs to be heard urgently ad situation in Delhi is worsening. Maninder Singh has stated he has no issues with the date when it is listed in LPA court

Orders: Let this matter be listed before the concerned bench in Delhi HC day after tomorrow. Let this order be placed in court to direct the listing of the matter day after tomorrow. It shall be open for parties to submit such pleading before LPA court as may be advised.

Adv Chirag M Shroff: we have challenged both the learned single judge and division bench orders.

SC: no, the division bench cannot be challenged as its still pending there.

Matter disposed off.

Bench wishes all a Happy Diwali before rising

#SupremeCourt

Supreme Court refuses to lift stay on Delhi Govt plan to reserve 80% ICU beds for COVID-19 patients

@CMODelhi @AamAadmiParty
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