Thread by @barandbench

#Breaking: Another hospital Saroj Super Specialty Hospital, Rohini has moved the Delhi High Court seeking urgent critical supply of oxygen to it.

#DelhiHighCourt #COVID19

Saroj Super Speciality Hospital says on 10 am today, it had Liquid medical oxygen
supply of 60 minutes left.

It later arranged some oxygen which will last
another few hours at the most and is likely to run out in the afternoon, the Hospital says.

#DelhiHighCourt #COVID19

Delhi High Court is scheduled to hear the petition concerning #COVID19 situation in Delhi at 3 pm today.

#DelhiHighCourt #OxygenShortage

Last night, Delhi High Court had exhorted the Central government to explore all available means to manage the oxygen crisis and avoid catastrophe.

#DelhiHighCourt #COVID19

Read more:

barandbench.com/news/litigatio…

Time of hearing is advanced.

Justices Vipin Sanghi and Rekha Palli begin hearing the petition.

Delhi right now is starved of oxygen: Senior Adv Rahul Mehra for Delhi Govt.

#DelhiHighCourt

Shanti Mukund and Saroj Hospital.. have no oxygen left. they are using oxygen cylinder. Another hospital is running out .. we are unable to contact Inox at all.. we are left for oxygen for half an hour. This is by Rathi Hospital: Mehra

Mehra points out other SOS messages sent to Delhi govt.

Can you give me the list. I can take instructions: SG Tushar Mehta.

Mehra continues.

Mr Mehra please: Mehta

Mehra says people will lose their life if proceedings are delayed.

Let a responsible officer file an affidavit for whatever we are saying: Mehta

This is not any other matter now. How can we be oblivious.. that too a senior officer like you : Mehra as he says there's no time.

We are equally concerned. Human lives matter equally to all.. we would not create panic : Mehta

Why don't you immediately give that list : Court tells Mehra

He doesn't know what is going on.. efforts that are made : SG Mehta

Mr Mehta will take instructions in 5 mins: Court

We will answer: SG Mehta

I'm not saying right now. But during the course of the day, let it whatever Mr Mehra is saying come on affidavit: SG Mehta

An affidavit was not allowed to be sent back to be till the court assembled. When it came it was in such a shape that I couldn't put it.. this affidavit business is a separate business: Adv Satyakam for Delhi govt

It is a serious emergent situation.. in your time, in your good time, you file an affidavit. We've acted without affidavit. We are not saying we will not act : Court

To say I was mislead by some tweet.. that should not happen. We should not use this platform for anything else but save lives: SG Mehta

After when it was told balance had not been received and you were entitled to 480 MT oxygen, what steps were takne by you? What is the bottleneck? : Court

Satyakam: Physically it is not possible that oxygen will come. Arranging logistics will take time, we were told.

Oxygen coming from Rourkela, Durgapur and Kalinga.

Haryana centre not responding: Satyakam

In a nutshell, there're diffrent plants spread across India.. I'm not saying intention is not there. Due to distance, we are not getting oxygen.. 80-100MT is received. Amount we need is far far more : Mehra

In the next few mins, I'll be sending the message to the Solicitor.. In Haryana, DM concerned has taken over the plants : Mehra

#OxygenShortage

The moment Govt of any States recieves info from hospital, you immediately call the secretary concerned.. I don't want A govt vs. B govt..this is not the time: SG Mehta

SG Mehta says official communication should be sent to Central Government to enable it to take steps in case of oxygen shortage

Govts come and go, officers stay. We have to assume they are responsible. The Chief Secretary himself is seized of the matter : Mehra

Have you forwarded names of Hospital to Mr Mehta?: Court

Is it informed to Centre so that I can ask the officer what has he done : SG Mehta

Secretary has joined : SG Mehta

Ms Sumita Dawra has joined.

Matter is mentioned by Delhi Govt at 2 pm.. : SG Mehta briefs the official about the crisis in some hospitals.

I'm not repeating it .. creates unnecessary panic : SG Mehta

At least plants that are nearby..you should ensure that supply is realised in terms of assurance given yesterday.. they are calling up Inox: Court

Mehra informs that he has message form highest authority that Air Liquid Plant at Panipat was allowing oxygen only for Haryana, some State authorities inside the plant.

Mehra suggests air lifting oxygen form Orissa.

Air lifting oxygen is a very dangerous thing. It has to be either through rail or roads: Court

They can't carry filled (containers) : Court

What is appearing is that the States concerned are not allowing implementation of allocation order.. that is something you have to handle Mr Mehta: Court

If suppliers are put in the dock.. : Mehra

Nobody is saying against.. : SG Meht

We are stretched...we are told by UP you can't leave : Senior Adv Rajiv Nayar for Inox

Court says affidavit by Inox to say how they were obstructed by authorities would help in resolving the issue.

Are you able to supply what is allocated? : Court

Yes, but Delhi is running short.. you have to look at other sources. We're doing as per allocation: Nayar

We had 140 MT arrangement with Inox historically. This was reduced to 60. This is a plant near Delhi. It became 100 after letters were written.. Inox should have been asked to increase supply instead of reducing it : Mehra

Mehra says there is a tweet by Sangeeta Reddy from Apollo.

As per the tweet, there's a tanker outside the Panipat plant but it is not being allowed.

We had a meeting.. it has been reviewed at the highest level. The logistics Delhi govt is working. They have shared a plan and strategy.. tankers were moved last night from Panipat: Dawra

We gave priority to Delhi over Dehradun.. : Dawra on supply of oxygen from Rudrapur

We have to make best possible allocation: Dawra

Nobody is questioning your allocation.. right now we are facing is that your allocation is not being respected by States. Local admin is obstructing transportation. Centre has to immediately respond: Court

What is the point of paper allocation.. you can balance from Inox. Let Inox continue to supply to Delhi and let Panipat plant supply to Haryana: Court

The idea is that all these hospitals are to be attended to.. : SG Mehta

We must respond with sense of urgency : SG Mehta

Maybe its the Home Ministry which has to deal : Court

Court master informs that Justice Rekha Palli is unable to join.

Justice Palli calls up Justice Sanghi on his phone.

He suggests leaving the call on to enable her to hear.

Justice Palli joins.

We have to lift 140 from Panipat and 198 from Uttar Pradesh. They are blocking supply ..at Faridabad: Satyakam

Satyakam says major chunk has to come from Haryana and supply from far off places is a distant truth

Let me have a word with the officer: SG Mehta

Alright. We'll assemble at 3: Court

Nayar says the situation has to be assessed dynamically.

Govt must start thinking ahead: Nayar

We have to bear the national picture in mind : SG Mehta

There is an ANI reporting.. CEO of Shanti Mukund has broken down. He has to discharge patients.. If Mr Mehta can look into it : Mehra

Let him take instructions : Court

Senior Adv Tushar Rao points out there is another nursing home.

Let him take instructions: Court

Hearing to resume at 3 pm.

#OxygenShortage #DelhiHighCourt
#COVID19

Court master: Judges are unable to join. Upper limit is 200. Those who are not related please leave.

#DelhiHighCourt #COVID19 #OxygenShortage

Counsel ask the court master to remove people.

Judges join.

Hearing resumes.

#COVID19 #OxygenShortage

Court asks those are watching the proceedings out of interest to leave.

There are reports coming out. Except for those who are reporting, kindly leave : Court

The Central government has passed an order under DDM Act: SG Mehta

He reads the following order:

State and UTs shall strictly abide by the supply plan of oxygen. This has gone to Panipat also : SG Mehta

We are taking steps to ensure that tankers reach Delhi : SG Mehta

Officer joins from Ministry of Home Affairs.

There was a problem at Haryana..in the morning, two tankers left for Delhi with 30MT. Then Haryana said they needed oxygen : Piyush Goyal from MHA.

Note : This is not Union Minister Piyush Goyal.

If matter goes to Surpreme Court, we'll have a wider view : Court

Bombay High court was also informed, it said we are going ahead : Nayar

Till the matter goes to Surpreme Court, this is not a matter we can adjourn: Court

Court is dictating the order.

We make it clear that non compliance of orders would be viewed seriously as it would result in grave loss of life. Non compliance would also invite criminal action : Court

We direct centre to ensure that supplies are made and transportation is done without any hinderence.. adequate security is provided to lorries.. special Corridors be created: Court

Panipat should come in a couple of hours : Court

Senior Adv Rao urges court to say that patients would not be removed.

If oxygen has run out and patient is serious, how do you expect the hospital to treat: Court

Nayar raises issue of contempt against Inox.

Don't worry about the contempt notice. We want your cooperation and help. We don't want to send you to jail : Court

Mehra raises further issues.

Can this await Monday: SG Mehta

Mehra objects.

We want to follow up on our order. This is not adversarial: Court

Sometimes we we put our minds together, we come up with a solution: Court

Let everything come on affidavit. I've put all by officers here : SG Mehta

Officers are represented through law officers : Mehra

Allocation of oxygen is one aspect.. we are looking at other aspect: Court

Shyel Trehan points out the issue of medical benefits for labourers.

We wanted to provide funds for running the kitchen: Court

They have passed an order after your lordship's order: Trehan

Trehan refers to the DDMA order.

Order pertains to assistance to migrant workers, construction workers.

This fund can be used for construction workers and not factory workers as per the Building Act: Trehan

This corpus has 3k crores.. only 39k workers were there, now it is over 1 one registered workers. They should not wipe out the entire corpus: Trehan

In our order we have consciously said construction workers: Court

Trehan seeks an expeditious scheme, guidelines for COVID treatment assistance for workers.

Next is issue of renewals for welfare payment. UP govt has issued deemed renewal for those who were registered last year : Trehan

But it was online ? : Court

Website is cumbersome and often doens't work, says Trehan

Let us not drag aspects which could be dealt with in other matter.. let's not get into renewal : Court

The country is being run by God : Court as it interacts with counsel

Court begins recording order on the intervention application.

Application pertains to usage of funds under Building Act for construction workers.

Various measures have been taken : Mehra

Courts records submissions.

If any construction worker is found to be COVID positive, he should be provided medical assistance.we direct Board fee o implement this direction forthwith. We hope and expect that Board will not involve any complicated mechanism : Court

Compliance report be filed in one week : Court

Court notes that the present mechanism is very cumbersome.

On this application, 5th May: Court

Court moves on to other issues.

There is a reduction of 50% in beds as of peak November: Mehra

Court says it would look at the last order.

Court discharges the contempt notice issued to Inox.

#COVID19 #OxygenShortage

Mehra raises issue of allocation of oxygen.

For that we don't need Mr Nayar (Inox): Court

We understand there is a direction to come out with test reports in 24-26 hours else don't collect sample: Court

We want to understand what is the logic? What do you do? Just like hospitals are turning away patients, you want the labs to say we wouldn't collect samples? : Court

I could say that a lot of people are calling up and bring told that we can't test : Court

Adv Rakesh Malhotra says tests have gone down.

Mehra says learning and concern is there.

I'll immediately put it to the government: Mehra

Court records the submission that the number of tests have gone down.

It is well known that aggressive testing of population is an important tool to manage the pandemic: Court

Result is that the accreditated labs who are otherwise flooded are having to refuse and leading to delayed testing and reporting: Court

We observed that such a measure would be counter productive. There are already orders that labs should endeavour to generate reports within 48 hours.. : Court

We direct that the lastest GNCTD direction be not implemented: Court

You should not have come up with this order: Court

We have not issued any order : Satyakam

Court reads the order.

Is this an office order? : Mehra

This is what is circulated (to labs) : Court

Court records that such an order is not issued officially.

Adv Sanjoli Mehrotra makes submissions on this aspect.

Court comes to the aspect of beds.

At the ground level, beds have not been handed over. Beds must be reflected in the app. How would the people know. Even today, there is waiting.. : Mehra

No matter who you are, you are not getting a bed : Mehra

Adv Monica Arora says there is a new affidavit by Central Government.

Arora says Central govt officials are there to explain the Steel and oxygen issue.

Oxygen designed to produce liquid oxygen and other liquid products like argon and nitrogen are also produced : Rasika Chaudhary, Additional Secretary Steel

Capacity of liquid oxygen production is now 3000 MT per: Chaudhary

16k MT which was in storage has been made available: Chaudhary

Some stock is kept as safety stock. all Steel pants have done that: Chaudhary

Steel sector is offering whatever help it can. Plants are mostly in eastern region. Stocks are there. Very few in West : Chaudhary

When we produce gaseous oxygen, we produce liquid oxygen so production has to go on. We are designed for gaseous oxygen: Chaudhary

Steel plants are not made to manufacture liquid oxygen: Chaudhary

Private players have taken a lead and done that (tweaking productions to produce liquid oxygen): Chaudhary

All plants are dispensing 24*7. From 1k, it has gone to 2600 MT : Chaudhary

Mr Senthil Nathan joins.

We amended order for Steel industries for captive units. Unless they run, we can't have oxygen to dispense : Senthil

Basically it is a by-product? : Court

Yes, associated product: Chaudhary

If you shut the plant, there would be LMO: Court

Yes : Chaudhary

That makes sense : Court

Court asks about Petroleum industry.

Everything is being reviewed: SG Mehta

We'll not take it today. You take instructions (on this aspect): Court

Mehra suggests if some private player can donate oxygen to Delhi.

Distribution has to happen at national level, in national perspective : SG Mehta

Then every State would try to persuade. It has to be centralised: SG Mehta

It has to be centralised. Everything should be given to Centre who can allocate: Court

My LR worked overnight and has prepared a very nice note (oxygen transportation).. the best way to do it is through railways: Court

It is being worked out. We are deploying defense aircrafts..but there is a fire hazard. I'll take instructions. But aircrafts are for tanks (that are empty): SG Mehta

Chaudhary informs about Oxygen Express.

Similar transportation could be arranged from eastern portion of India .. to other areas including Delhi : Court

Executive Director Railways Manoj Singh has joined.

This Vizag train is going to return.. another train has started from Lucknow to Bokaro. We have facilitated all aspects and are fully geared up : Singh

Their movement should be prioritised.. : Court

Absolutely: Singh

Let's hope something would reach Delhi that way : Court

We don't have time for pilots right now.. : Mehra argues that it was time to immediately roll out dedicated corridors.

If they could commit before the court.. need of thr hour is now : Mehra

Any commitment on behalf of Centre is not advisable: SG Mehta as he reiterates that issue is national

While mapping this, all factors are taken into consideration. Urge court to not second guess. There are several logistical issues that are kept in mind. Several Ministries sit together: SG Mehta

We are interested that patient should be safe. Otherwise all this exercise can go on on paper : Mehra

SG Mehta objects.

How do you expect transportation. You have allocated : Court

I will withdraw all my secretaries.. somebody just out of blue says this is cross crossing : SG Mehta

Look at this a lil independently. We are not here to rule on the allocation: Court

These three plants are in the range of 1400-1600 kms.. we are looking at (transportation).. they could look into this. We are not directing : Court

Let it not become an open forum to substitute the wisdom of experienced bureaucrats by personal wisdom: SG Mehta

All that we'd like is the Railway to consider.. transportation from three plants..

Somebody can look at it dispassionately : Court

During the last crisis, Railway transported freely more than 1 cr passengers with food free of charge.. it's very easy here for my Ld friend and others to just throw one idea : SG Mehta

Court says it is aware of it's lack of experience, knowledge and jurisdiction.

We just want you to consider transportation from the three plants : Court

Chaudhary says supply would be made and court may disregard submission on oxygen reaching in 5 days.

I'm not commenting on anything: Mehra

You better not to comment: SG Mehta

Court records the order on this aspect.

Court records submissions.

We are sure that allocation was undertaken with due application of mind: Court

Court records submission on transportation of liquid oxygen by Railways.

We call upon the Railways to consider transporting oxygen from three locations to Delhi : Court

Singh says tankers were given to it by the respective States.

Amit Vardhan Joint Sec.: The plant has tankers as well. The manufacturers own the bulk of the tankers. They can be moved by the road or railways.

Court records : It shall be open to GNCTD to look into this aspect. In case tanker are not there with the manufacturer, they may take steps to arrange.

It is my understanding that these tankers are not available.. : Mehra

File an affidavit: SG Mehta

This is testing my patience: Mehra

I'm testing your patience??! : SG Mehta

Court says other States are also doing it.

Court should not be micro managing: SG Mehta

Some responsibility has to fall on your shoulder too... : Court

Large no of tankers are owned by non manufacturers as well : Chaudhary

This is enough what we've said : Court

I'm wrong and Mr Mehta is right : Mehra

Don't take it personally : Court

Trehan points out that Fortis Gurgaon is running short of oxygen.

If Mr Mehta can help : Trehan

This is exactly what we said.. there has to be holistic view : SG Mehta

It's that the officials are here : Trehan

Officers are always in contact : SG Mehta

We expect your officers to consider : Court

Court comes to the issue of medicines.

This has to be looked at from national perspective: SG Mehta

SG Mehta says issue here would become Delhi centric.

SG Mehta says Remdesivir is not to be given over the counter.

Every govt including Delhi govt is doing their best. First we have to educate that Remdesivir is not to be bought over the counter or taken because you have first, second degree COVID: SG Mehta

It has to be considered on natonal level: SG Mehta

We're not saying Remdesivir has to be taken (without doctor's prescription): Court

Malhotra says that Delhi MP is distributing FabiFlu to certain areas.

Bjp @GautamGambhir has done it : Mehra

SG Mehta objects to taking names.

We'll keep this aspect for Monday.

Some hospitals don't have Remdesivir supply.. I've never lied in my life and I wil never : Mehra

I have the same view about you : SG Mehta

Hospitals are not unable to supply basic medicines : Mehra

We'll take this aspect on Monday : Court

Court comes to wastage of vaccine.

Court explains its concern to SG Mehta.

Read more:

barandbench.com/news/litigatio…

Court says it has knowledge about USA vaccinating people using leftover vaccines.

I can file an affidavit if you want : Justice Sanghi (in lighter vein)

Why should we waste our vaccines : Court

There's not doubt about it. I'll take instructions: SG Mehta

We thought you'd have instructions: Court

Everybody was focusing on the oxygen aspect : SG Mehta

Court begins recording order on this aspect.

Mr Mehta states that he would take instructions. Can you do it by tomorrow? : Court

Mehta says he would take instructions and if feasible, in the meantime, the govt will implement it also.

Court says it expects the same.

Court to deal with the aspect on beds.

Additional secretary Aarti Ahuja joins.

There is no process of handing over of these beds: Ahuja

Our hospitals find place in the Delhi govt app. It has been taken into account : Ahuja

It includes the ESIC hosps and Railway coaches.. 4159 beds given to Delhi Govt excluding 300 beds in base hospital: Ahuja

Delhi is 7th State in terms of active cases.. for Delhi and other states, we have increased bed capacity by making make shift structures. We've written by to Ministries and PSUs to set aside COVID beds : Ahuja

We've written to private hospitals as well thru MCA to set aside CDR funds for setting up makeshift facilities.. : Ahuja

Ahuja says Delhi Govt can tie up with the PSUs.

Mehra questions if the 500 DRDO beds are available physically to patients in beds.

Ahuja says beds are available and activity is coordinated by Delhi govt.

There is a four fold spike (from November). That point of time centre was so generous..if they can look into the aspect .. last times AIIMS Jhajjar were fully COVID. If there and at Trauma centre 80% beds can we given : Mehra

If 7k beds could be given to Delhi citizens or all over India : Mehra

All beds in AIIMS or centre govt hospitals are for Delhi. In DDMA meeting, it was discussed that Delhi govt should rope in smaller facilities, clinics : Ahuja

It would increase bed capacity and there is trained man power : Ahuja

Ahuja says the same was done last year as well.

Delhi has a lot of nursing colleges from where man power can be taken. : Ahuja

Something should have come (after the last order) : Court

We have. We have augmented beds : Ahuja

(Forget about the common man on the road) even if I were to ask for a bed, I wouldn't get it too easily : Court

Immediate needs of the people have to be met : Court

This is four times bigger than last year : Court

There are people on those people. As and when people get discharged, we increase the beds : Ahuja

Mehra says isolation centres can't be included in hospital beds.

By this every house in Delhi will be included, Mehra remarks

Last time same facility was available and can be used for provision of oxygen. Everyone doens't need tertiary level of treatment : Ahuja

Mehra says affidavit of Centre not in terms of the order.

We can't add in these numbers of isolation centres to reach the figure of November: Mehra

If patient is there, he can't be removed: Court

Then that number should come before the Court : Mehra

What kind of the bed is without oxygen.. after oxygen there is ICU then ventilator: Mehra

Why are you keeping these beds? Nobody wants to go to a hospital these days : Mehra

Based in his understanding, he is accusing the central government. Mr Sharma do you want to say something: Mehta

ASG Chetan Sharma says AIIMS Chief Gulleria lied down on his stomach..

SG Mehta intervenes.

Court says every bed need not have oxygen.

But are these hospital beds? We should go to PSUs, explore convention halls... : Mehra

Let them clarify how many beds are vacant beds : Mehra

People are finding their way in : Court

What happens to the faceless, voiceless citizen: Mehra

They have no officer, affidavit. But my learned friend's understanding truncates everything: ASG Sharma

We are keeping this alive. We'll take another status report: Court

Mehra says the Court may record his objection.

ASG Sharma objects to this.

Let us do our best .. that is all that matters : SG Mehta

NCT has filed 118 page affidavit. Everything is on record : Mehra

DMs, SDMs is in dialogue with all hospitals : Mehra

It is a work in progress.. every minute, every day beds are added : Mehra

All of us need to take cue from the leadership of our Hon'ble PM and CM : Mehra

We are keeping the pressure on. We are going to call for a status report : Court

Court records order on augmentation of beds.

Court records submissions.

We hope and expect that Centre will look into the requirements of COVID beds and work to enhance availability : Court

ASG Sharma says court should ask Delhi Govt how many beds it has kept in its hospitals.

11,029 in private and 7200 beds in Gnctd hosps.. with Centre beds we'll reach to 22-23k beds : Mehra

Court records.

All COVID, 100% occupied. There is waiting on every bed : Mehra

Let the same (collaboration with PSU s for makeshift beds) be explored by GNCTD : Court

If you were to expose your entire staff to COVID, there would be a complete break down : Court

If you put entire capacity to use, what would happen: Court

Centre govt has 80% capacity which we can't protect.. protect 60%, 50%: Mehra

You don't look at the other side of the picture. When you are confronted with the same.. : Court

It's not our job to make the govt work. We don't have to work on our shoulder: SG Mehta

Court seeks status report in four days.

Mehra raises issue of supply of 700MT oxygen to Delhi.

Let 480MT come, we'll talk of 700 later: Court

Pandemic doens't work on natonal average: Mehra

I think if 480 comes, you would be in a much better position: Court

Hearing coming to end.

Because of the court's timely intervention, many human lives were saved : Mehra

You are next to the lords : SG Mehta

Adv Prabhsahay Kaur : We are for a hospital. As soon as the court took up at the matter, Inox supplied tanker to us. We will be good for 24-26 hours.

Of course prayers help, a small nudge from centre also helps : SG Mehta

We are nudging you to nudge them : Court

Sri Balaji Action Medical institute: we have 220 COVID patients. Oxygen is running out. We are down to one - one and half hour of oxygen.

Adv Vikshit Arora appears.

Mehra says hospitals would keep coming and senior officials from both sides be appointed.

We've been in touch with the Nodal officers : Arora

SDM (Nodal officer) won't be able to help you: Mehra

He's approaching the wrong officer. Approach Nodal officer of Delhi govt : SG Mehta

In the central govt there must be someone Mr Udit Raj (Delhi CS/Nodal officer) is interacting with .. Mr Nipun Vinayak must be in touch : Court

Mehra says someone from higher level be appointed.

Court records the order.

Saroj Super Speciality Hospital's plea adjourned till Monday as it has received oxygen.

We'll issue notice (in Balaji Hospital). You contact Mr Udit : Court

We will also have cylinders. We'll share: Kaur for Saroj.

Let applicant Udit Raj who sha address the concerns..meantime, it is stated that Ms Kaur who appears for Saroj Super Speciality that the hospital would try and assist by providing oxygen cylinder. We appreciate: Court

This is a praiseworthy gesture: SG Mehta

A State has also offered oxygen to Delhi : Mehra

Another Laywer mentions shortage of oxygen in another hospital.

Adv Richa Singh.

You also contact Mr Udit Raj: Court

Tanker from Panipat would have come by now : Court

Hearing adjourned till Monday April 26.