Thread by @indialegalmedia

#SarojHospital moved DelhiHC seeking directions to the Centre, AAP Govt & INOX Air Products Ltd to meet its urgent demand of depleting oxygen

@MoHFW_INDIA @AamAadmiParty #COVID19 #OxygenShortage

It seeks directions to the Ministry of Health and Family Welfare, AAP Govt & to its vendor INOX Air Products Ltd to immediately supply 3000 Cu/M of LMO to Saroj Super Specialty Hospital and continue the same on a daily basis during the peak of the present COVID wave.

Additionally, as a back-up arrangement 100 D-type 7 Cu/M meter cylinders be provided by the Respondents, the plea said.

#DelhiHC begins hearing on shortage of Oxygen Supply to Hospitals amid the COVID pandemic. @MoHFW_INDIA @AamAadmiParty

Rahul- Police and Administration of Haryana are siting in the plant and they are only allowing Oxygen to be supplied in Haryana (stating Officials statement)
If it could be air lifted, we would be highly obliged.

@MoHFW_INDIA @apnnewsindia @AamAadmiParty

Justice Sanghi- it’s dangerous

@MoHFW_INDIA @apnnewsindia @AamAadmiParty

Justice Sanghi- Are u able to supply a what you have allocated? asks to Rajiv Nayyar
Sr Adv Rajiv Nayyar for INOX- we are supplying.
Rahul Mehra- the central government has reduced the supply from 140 metric ton to 60 metric. Now it has come to 100 metric ton. @MoHFW_INDIA

Rahul- Milord what the Tweet says is, As I write it need immoderate intervention as the oxygen is not being allowed inside by the Haryana.
Mehta- This is not the way Mr. Mehra.
Rahul- I’m doing what Mr. Mehta taught me yesterday.
@MoHFW_INDIA @AamAadmiParty

J. Sanghi to Center- the problem is that your allocation is not being respected by the states.
SG- If oxygen supply is restricted by the officials then it will be dealt by the departmental action. @MoHFW_INDIA @AamAadmiParty #Covid19 #OxygenCrisis

SG- requested the bench to assemble after 10 minutes.
Justice Sanghi- we will assemble 3:00PM.
Delhi Govt Counsel Satyakam- we have to lift around 90 metric ton of Oxygen but we could not be able to lift it.

SG- let me have a word with officer.

Js Sanghi Okay we will have it at 3:00PM.

Rajiv Nayyar- we are supplying 480. It may become 600.

Js Sanghi we have already said so situation should be assess dynamically & daily. @MoHFW_INDIA

Mehta- We are looking at Delhi, but Centre is looking at the whole India.
Rahul Mehra- Quoting ANI reporting , there is a CEO of Hospital who has asked their Doctors to discharge their patients as they can’t keep them without oxygen. @MoHFW_INDIA @AamAadmiParty

Adv G Tushar Rao- explaining situation in one of the hospital.

Delhi HC will assemble in some time

@MoHFW_INDIA @AamAadmiParty

Hearing resumes

Judges request people not connected to the matter to leave the meting.

@MoHFW_INDIA @AamAadmiParty #COVID19 #OxygenEmergency

SG Mehta - We have passed an order under NDMA Act to ensure uninterrupted supply of oxygen. @MoHFW_INDIA @AamAadmiParty #COVID19

Piyush Goyal, officer from Ministry of Home Affairs addressing the bench. #COVID19 @MoHFW_INDIA @AamAadmiParty #DelhiHC

Goyal: There was a problem at Haryana..in the morning.

2 tankers left for Delhi with 30MT. Then Haryana said they needed oxygen. @apnnewsindia @MoHFW_INDIA @AamAadmiParty #COVID19 #OxygenShortage #DelhiHC

I am in touch with Delhi's Nodal officer Mr Udit: Goyal

Court: Problem is that it has to be supplied everyday, it's not a one-day thing.

Secretary: Delhi and Haryana have been ensured no more problems will arise.

@apnnewsindia @MoHFW_INDIA @AamAadmiParty

Secy Goyal: Suppliers are giving to various hospitals, the Nodal Officer, Mr. Udit - an IAS Officer of UT Cadre makes adjustments to ensure that no hospital faces shortages.
@MoHFW_INDIA @AamAadmiParty #COVID19

Goyal: I have asked him to join, maybe he can join now.

Rahul Mehra: 140 MT is the total allocation as of yesterday, 80 MT is how much we received yesterday. We were only able to lift that much.

@MoHFW_INDIA @AamAadmiParty #COVID19

Rahul Mehra: Today not a single MT has been lifted. I don't know where these instructions are coming from.

@MoHFW_INDIA @AamAadmiParty #COVID19

DelhiHC: If the goverment wants, it can make the heaven and earth meet. You have passed the order, please see that it's implemented.
@MoHFW_INDIA @AamAadmiParty #COVID19 #OxygenShortage

DelhiHC: They're saying 80 MT from yesterday, 140 MT or howsoever much from today, if that comes, maybe people will be able to breathe for a little longer.

@MoHFW_INDIA @AamAadmiParty #COVID19 #OxygenShortage

SG Mehta informs the court that oxygen can be produced at Vedanta plant which was closed in Tamil Nadu, we can reopen it to produce medical oxygen

Mehta also informs the court about the mentioning before the SC

@MoHFW_INDIA @AamAadmiParty #COVID19 #OxygenShortage

However, the court says that though the SC is in a better position, it will continue to hear the matter.

@MoHFW_INDIA @AamAadmiParty #COVID19 #OxygenShortage

Senior Advocate G Tushar Rao

A colleague's mother is admitted in a particular hospital where they've been issued a letter asking to take the patient out, about an hour or two back.
@MoHFW_INDIA @AamAadmiParty #COVID19 #OxygenCylinders

This is the fallout. Hospitals saying take the patient out as we can't supply oxygen. How can they ask critical patients to leave, he said.

@MoHFW_INDIA @AamAadmiParty #COVID19 #OxygenCylinders

Court dictating orders #COVID19 @MoHFW_INDIA

DelhiHC : We had also taken note of concerns raised by Mr Mehra that supply is being obstructed.

On this concerned being expressed, the SG had assured...shared an allocation order ensuring supply of 480 MT. @MoHFW_INDIA @AamAadmiParty #OxygenShortage

DelhiHC notes that certain supplies were obstructed. It records the DDMA order regarding the supply of oxygen. @MoHFW_INDIA @apnnewsindia #COVID19 #OxygenShortage @AamAadmiParty

DelhiHC: We are informed that authorities at Panipat had obstructed the lifting of oxygen. Yesterday also supply was obstructed near Faridabad border.
@MoHFW_INDIA @AamAadmiParty #COVID19

DelhiHC: Mr Piyush Goyal, Addl Secy, MHA is present and informs that officials in Panipat was persuaded to not interrupt the supply.

@MoHFW_INDIA @AamAadmiParty #COVID19

DelhiHC: We direct the Centre to ensure strict compliance of the allocation order, HC's order dated Apr 21 and the DDMA order. @MoHFW_INDIA @AamAadmiParty #COVID19

DelhiHC:
*We also direct the authorities concerned who are bound by the order passed under the Disaster Management Act to ensure strict compliance.*

*We direct that non-compliance will invite criminal action.*

@MoHFW_INDIA @AamAadmiParty #COVID19

#DelhiHC also asks Central Govt to ensure allocation takes place as planned and transportation of the tankers takes place unhindered.

HC also says that adequate security to be provided to lorries transporting the oxygen, to move without obstruction.
#COVID19 @MoHFW_INDIA #AAP

DelhiHC now dealing with the aspect relating to the migrant workers.

@MoHFW_INDIA @AamAadmiParty

Advocate Shyel Trehan points out to the medical benifits to labourers.

We wanted to provide funds for running the kitchen, says court.

@MoHFW_INDIA @AamAadmiParty

Trehan responds that an order to that effect was passed by the department concerned.

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

@AamAadmiParty

Court asks Trehan to restrict to the medical aspects

The country is being run by God : Court

@AamAadmiParty #COVID19 #DelhiHC

Court begins to record order

The IA deals with the usage of funds under the Building Workers Act for Construction workers. @AamAadmiParty #COVID19

Court: If any construction worker is found to be COVID positive, he should be provided medical assistance.
@AamAadmiParty #COVID19

"We direct Board to implement this direction forthwith. We hope and expect that Board will not involve any complicated mechanism," the Delhi HC bench says as it directs for a compliance report to be filed in a week @AamAadmiParty #COVID19

Court also discharges the contempt notice issued against INOX Air. #INOX @MoHFW_INDIA @AamAadmiParty #COVID19

Court now proceeds to the issue of testing and timely reports

Petitioner Rakesh Malhotra says tests have gone down

Court records the submission. Court notes that aggressive testing is an important tool for managing the alarming spread.

Court takes note of an office order which asks labs not to take samples if it has a backlog

We have not issued any such order: Satyakam

Court now dealing with the issue of steel and oxygen

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

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

16k MT which was in storage has been made available.

Rasika: We are doing everything we can do to meet the increased demands

Rasika: When we produce gaseous oxygen only then we produce liquid oxygen hence, the production has to go on. We are designed for gaseous oxygen. #DelhiHC @AamAadmiParty

Rasika: Pvt players have infact taken a lead and this is the reason we are able to increase the production. All plants are dispensing 24x7. From 1k, it has gone to 2600 MT. #COVIDEmergency2021 #DelhiHC @MoHFW_INDIA @AamAadmiParty

Rahul Mehra asks if some private player can donate oxygen to Delhi.

SG Mehta: Distribution has to happen at national level.

Court: Everything has to be given to Centre and the same has to be allocated by it. @MoHFW_INDIA @AamAadmiParty #COVID19

DelhiHC now discussing the issue regarding the transportation of oxygen.

DelhiHC: the best way to do it is through railways.

Rasika Chaudhary intervenes and informs about the Oxygen Express.

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

Court: Their movement should be prioritised.

Singh affirms the same

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

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

Tushar Mehta objects the submissions made by Mehra.

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

Court: All that we would like is the Railway to consider transportation from three plants... Court now recording order on the logistical aspect

Court says that allocation was done with adequate application of Mind

Court further says that the trains carrying O2 shall be given priority.
@MORTHIndia @MoHFW_INDIA @AamAadmiParty

Tankers are not our property. It has to be supplied by the State govt: Manoj for Indian Railways

@MORTHIndia @MoHFW_INDIA @AamAadmiParty @RailMinIndia

Jt. Sec. Road, Transport and Highways appearing before the court states that cryogenic containers are provided by producers.

@MORTHIndia @MoHFW_INDIA @AamAadmiParty @RailMinIndia

Court: We direct GNCTD to look into this aspect. In case cryogenic containers are not available with producers, they may take steps.

@MORTHIndia @MoHFW_INDIA @AamAadmiParty @RailMinIndia

Adv Shyel Trehan intervenes: I have to intervene with something urgent that has come into news right now

@MoHFW_INDIA @fortis_hospital #OxygenCylinders

Fortis Gurgaon has 45 minutes of oxygen left.

Situation is serious and hospitals nearby are infact trying to send cylinders for their support

@MoHFW_INDIA @fortis_hospital #OxygenCylinders

DelhiHC asks SG Mehta to look into it. @MoHFW_INDIA @fortis_hospital

Court now on the aspects of beds available

Additional Secretary Aarti Ahuja addressing the bench

Our hospitals are listed on the application of Delhi govt. It includes the ESIC hosps and Railway coaches: Ahuja

Ahuja: 4159 beds given to Delhi Govt excluding 300 beds in base hospital.

Ahuja informs that Delhi is 7th State in terms of active cases. Capacity of beds have been increased for Delhi and other states.

This is done by make shift structures. We've written by to Ministries and PSUs to set aside COVID beds.@AamAadmiParty

Ahuja suggests AAP govt to tie up with other entities too @AamAadmiParty #COVIDEmergency2021

Mehra seeks clarification as if the 500 beds at DRDO facility are available physically to patients in beds.

Ahuja says beds are available and activity is coordinated by Delhi govt. @AamAadmiParty @MoHFW_INDIA #COVIDEmergency2021

Ahuja says that it was suggested that Delhi govt also ropes in smaller facilities having lesser beds for less severe patients @AamAadmiParty @MoHFW_INDIA

Ahuja further says that there are large private companies and PSUs which can be mapped to make makeshift facilities @AamAadmiParty @MoHFW_INDIA

Ahuja says that the Centre is in talks with other Ministries and other stakeholders to see what has to be done. @AamAadmiParty @MoHFW_INDIA

Justice Sanghi: Let alone common man, even If I have to get a bed that would might not be possible.

Immediate needs of people have to be met: Court

This is four times bigger than last year: Court

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

@MoHFW_INDIA @AamAadmiParty

Mehra referring to figures in the affidavit: these are isolation centres not hospital beds.

The order of the court was in the context of hospital beds. Isolation beds are not hospital beds. We can't add these figures to say that we have reached the numbers of November: Mehra

Mehra: Covid needs hospital beds, 2nd stage is ICU, and 3rd stage - may we never reach it - is ventilators.

Mehra: Why are these beds not being given to the citizens of Delhi when they are meant for the citizens of Delhi.
@AamAadmiParty @MoHFW_INDIA

Mehra: Who wants to go to the hospital today? Anyone having a surgery unless it's a life saving one, the person would avoid it himself...@AamAadmiParty @MoHFW_INDIA

SG Mehta and ASG Chetan Sharma objects to the statement made by Mehra @AamAadmiParty @MoHFW_INDIA #CovidIndia

What I understand is that we should go to PSUs, hotels and convention centres but not to the hospitals which are meant to provide for times of emergency: Mehra responds.

Chetan Sharma: They (Delhi govt) can't file an affidavit, they haven't complied with the court's order.

None of their officers are before the court, it's all based on their understanding, nothing on record: Sharma @AamAadmiParty @MoHFW_INDIA #CovidIndia

Petitioner Rakesh Malhotra: Delhi govt had brought out a circular that certain hostels, hotels etc are being converted into make shift facility to increase the beds but nothing seems to be have done.
@AamAadmiParty

DMs and SDMSs are working round the clock to make it happen: Rahul Mehra responds

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

Court dictating order
@MoHFW_INDIA @AamAadmiParty

Court asks Delhi govt to explore options of collaboration with PSUs and other stakeholders to increase the number of beds. @AamAadmiParty @MoHFW_INDIA

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

It's because of the court's timely intervention, many human lives were saved : Sr Adv Mehra

That's the reasons My Lords is called so, You are next to the lords : SG Mehta

*Sri Balaji Action Centre Hospital approaches High Court through Advocate Vikshit Arora - We have only 3 hours of oxygen left*

Mehra says hospitals would keep coming and senior officials from both sides be appointed. @apnnewsindia @AamAadmiParty @MoHFW_INDIA

Court adjourns the matter for Monday

@MoHFW_INDIA @apnnewsindia @AamAadmiParty #DelhiHC #OxygenCylinders #OxygenShortage #COVIDEmergency2021

Court: The submission of Balaji Action Medical Institute, Paschim Vihar, states that the only two hours of oxygen left, the same is directed to contact Mr Udit Raj, Nodal Officer, Delhi govt

Meantime, Ms Prabhsahay Kaur, appearing for Saroj Hospital states that their client hospital would make an effort to share some oxygen cylinders with them.

This is praiseworthy gesture: SG Mehta