Thread by @barandbench

[SUO MOTU COVID19 CASE]

#SupremeCourt bench of Justices DY Chandrachud, L Nageswara Rao & Ravindra Bhat to hear the Suo Motu case regarding #COVID19 issues such as supply of essential drugs, manner of vaccination and #lockdown. Earlier bench was headed by former CJI SA Bobde.

Suo Motu and other similar matters pending in state High Courts have not been transferred to #SupremeCourt yet.

The matter will be taken up post 11 am. Follow this thread for updates 👇

SG Tushar Mehta: The reply has been filed today. Your Lordships will not have it. Court had indicated that it is a fight for the nation that is the spirit of the reply. if we succeed nation succeeds. It is not a time for political bickering.

Justice Chandrachud: can we keep it in a day or two so that we peruse the reply

SG: Kerala and Tamil Nadu has been praised as oxygen demand has gone down. It is not about AAP or BJP or any other party.

Justice Chandrachud: It is necessary to clarify that object of this proceeding is not to supplant High Court proceeding and Article 226 extends not only to fundamental rights alone.

Justice Chandrachud: High court are in a better position to look into this. Supreme Court has to intervene too because there may be national or systemic issues. at time of national crisis SC cannot be mute spectator.

Justice Chandrachud: we are not preventing the HC from exercising their power under 226 we intend to play a complimentary role and help in issues they are not able to look into

SG: Centre would never oppose any constitutional court whether it be High CourT or Supreme Court. we are not questioning anyone jurisdiction. you have to examine steps taken by us. there are certain issues of perception. This from early 2020 and how nobody anticipated second wave

Justice Chandrachud: Since the Amicus Senior Adv Harish Salve is discharged we will appoint two senior officers from our board. this is just to get variety of views on board

SG: we should all be proud that this issue is being looked into by the @narendramodi & all political parties are coordinating across party lines. Jurisdiction of HC or SC is not in question, we are only laying down steps taken in war footing

Justice Bhat: We need to know about use in central resources of para military forces who have para medics and army facilities and army doctors and railways, these are common facilities which can be made available for quarantine, vaccination or beds

Justice Bhat: Regarding pricing on vaccination different manufacturers is quoting in different prices. there are powers under Section 6 of Patents act. this is a pandemic and a national crisis. If this is not there then please put all of this before hearing.

SG: whatever resources we have with centre and resources with help of state then all of it are being put to use. i will supplement the issues not raised.

Senior Adv Vikas Singh for West Bengal: for 73 years vaccine price for centre and states have been same. First time its a differential price for centre and state. As far as oxygen is concerned centre can decide but a task force can have state chief secretaries

Senior Av Abhishek Manu Singhvi for Rajasthan: I agree that for interstate issues Supreme Court is the platform. Indian figures yesterday was 1.29 lakhs active cases but our projection say May 9 oxygend demand will double.

Singhvi: under national plan 125 MT oxygen comes from Bhiwadi and Rajasthan.

Justice Chandrachud: not every patient of COVID needs Oxygen. You have come to an average

Singhvi: our dire need is that projection is at a galloping rate where oxygen demand will double by May 9. Inox runs the Bhiwadi plant and they made a misleading statement before Delhi HC

.@DrAMSinghvi : Inox stated that they were bringing tankers to Delhi and Rajasthan stopped them. Delhi HC said it hopes such an act is not done. But it is not being considered than 23 tankers is too less for Rajasthan

Singhvi: Order by HC was passed by hearing Inox and Mr Mehta. If some clarification is not given then the Delhi HC order comes into effect

Justice Chandrachud: why should we enter this micromanagement now? go back to HC & clarify factual position. if you want to appeal then pls

Singhvi: High Court is not hearing states. I don't want this order to cause more harm to the national cause.

Justice Chandrachud: What did Delhi HC say?

Justice Bhat: We can write a 1 line order and you can go to them (HC) as we speak

SG Mehta: I was appearing and Mr Rahul Mehra for Delhi govt. question was non availability of oxygen in Delhi. Centre procures oxygen from all states and we need to know everyone's potential need.

SG Mehta: that is how allocation is done. Then state arranges transportation. we are also running express trains to transport these oxygen tanks

SG: Delhi was having difficulty in getting the tanks and thus Inox was called. There was panic initially which continues to exist. Now when Gujarat produces oxygen and it is to go to mp, there were reports that such tanks were being stopped by district authorities

SG: then we passed a detailed order under Disaster Management act where any such act was termed as criminal offence. Then such instances reduced. When delhi issue was being heard Inox said 4 tankers were detained by Rajasthan

SG: High court said if its true then not only its illegal its violative of Centre order under DM Act.

Justice Chandrachud: by the Rajasthan government itself?

SG: Yes

Justice Chandrachud: please explain your position to the High Court

Advocate Rahul Mehra: Delhi HC has passed over the matter. we have nothing against any state and Indians are first. Orders were not passed under our asking. Delhi HC had in para 10 stated that if any issues it could be raised before the central government

Mehra: no coercive steps taken by the Delhi High Court. There will be complete chaos in the country if this happens. Oxygen is critically needed and we are cooperating and all other states should also cooperate.

SG: All states have stated to home minister that all oxygen tanks will be treated as ambulances and way will be created for them

Singhvi: Interestingly I did not even mention Delhi Govt or Centre. The issue is INOX said tankers were detained. The order was uploaded to the Central Control Room. I will go to the Delhi High Court and approach this courtn if need be

Adv S Niranjan Reddy for Andhra Pradesh appears

Judges discuss with each other
#SupremeCourt

Justice Chandrachud: We just got the affidavit by Union and we will have questions which we will place before Centre. We will keep this case after two days. States will also go through. They will be heard too. Amicus too would be appointed.

Reddy for AP: Oxygen is being distributed from AP to Maharashtra. we have no problem with this but logistical and other chains are being disturbed. If centre can consider parcelling out states into smaller regions like from AP to Tamil Nadu and likewise with other states

Justice L Nageswara Rao : Coming from that state myself, I want to ask Solicitor General to consider what Reddy is saying. Andhra Pradesh has a long coastline.

SG: Situation is ever evolving and nothing can be considered as caste in stone. we can change the route.

SG: we have changed routes when oxygen comes from one state and the neighbouring state has a sudden surge. Ofcourse this can be considered.

Justice Chandrachud: we will take this case day to day basis and not keep pending for long. but let us go through the affidavit by the Centre.

Senior Adv Anand Grover: I appear for Jan Swasthya Abhiyan (Peoples health movement) and its about health care facilities

Grover: there are three drugs which are Remdesivir and two others. They are patented drugs which are expensive. Centre can pass a direction under Patents act in spirit of what centre advocates in TRIPS council. Limited companies are manufacturing and there is shortage

Justice Chandrachud: Please file it and serve it upon the Solicitor

Senior Adv Siddhartha Dave: I am appearing for a plea regarding conditions of the hospital entailing admissions for patients, gujarat wants patients to come in ambulance and some in others.

Dave: state cannot deny me right to health on bureaucratic grounds. Lordships have to consider laying down uniform policy. If a covis patients wants to get admitted you cannot ask him to go to COWIN app etc

SG Mehta: concern is a genuine concern. Delhi and Gujarat HC is seized off the case

Justice Chandrachud: but he is saying that Centre must lay down an uniform guidelines regarding admission to hospitals

SG: Each state has its own policy

Justice Chandrachud: national framework?

SG: yes we have attached it in the affidavit

Adv Yatin Oza: patients have died because hospitals denied admission since they did not come through the 108 ambulance. but HC is seized off the matter

Adv Sachin Patil: there are also patients who have all symptoms of covid but tested negative. also needs to be looked into

Justice Chandrachud: Centre was directed to place a national plan to deal with issues which have arisen regarding the COVID19 pandemic. Issues highlighted was supply of oxygen, availability of essential drugs, and method and manner of vaccination.

Justice Chandrachud: Court had appointed an amicus. Later the amicus requested he be relieved. The request was allowed. This morning Centre had filed an affidavit which could not be circulated. In view of this we consider it appropriate to appoint a new set of amicus curiae

Justice Chandrachud: purpose of this court to undertake suo motu case is not to supplant the hearings which is going in different high courts as a result of the covid19 pandemic. Article 226 safeguards fundamental and legal right. Article 32 extends to fundamental right

Justice Chandrachud: High Courts are best equipped to deal with ground situation. We have no intention to interdict such proceedings. reason for our interference need to be understood in correct perspective. During national crisis SC cannot be a mute spectator.

Justice Chandrachud: Role of the Supreme Court is complimentary in nature. issues which travails state boundaries is what this court will look into and thus Article 32 jurisdiction has been assumed.

Justice Chandrachud: Thus we clarify that High courts will not delay proceedings in view of proceeding here

Justice Chandrachud: We have heard counsels appearing for Centre, interventions and other states. In order to enable the Centre and diverse states here an indication of further line of enquiry we tentatively highlight the following issues:

Supply of Oxygen: centre to apprise us on the total availability fo the oxygen

SG: please do not enter into this, it is being augmented

Justice Chandrachud: Projected demand of oxygen now and future, augmented steps taken to ensure the same, place the monitoring mechanism before us to ensure supply to affected states. Share from the central pool for states, methodology for so

Justice Chandrachud: Steps to be shown which are taken to ensure supply of drugs such as Remdisivir and others. Centre to apprise modality put in place for seamless communication between district collectors with Union and Ministry of health along with daily monitoring

Justice Chandrachud: COVISHIELD and COVAXIN is made available, as on date vaccination is for 45 years and above and from May 1 vaccination to be opened to all ages who are above 18. Union shall clarify the projected requirements of vaccine due to enhancement of coverage

Justice Chandrachud: Modality to be put in place to ensure that shortage and deficit would be looked into. Centre to clarify basis and rationale for pricing of vaccine.

Justice Chandrachud: Comprehensive panel of dcotors should be made available for citizen to know steps to taken during the pandemic. Centre to apprise us steps taken to form an identified panel of specialists which will be replicated at all state levels

Justice Chandrachud: If additional affidavit has to be filed then let it be done so by next day. We appoint Senior counsels Mr Jaideep Gupta and Ms Meenakshi Arora as the Amicus Curiae

SG: everyone who is assisting me in replies are COVID positive. They have to deal with day to day emergencies

Justice Chandrachud: even a note or memo to us will be fine

SG: we can file by Friday. Please have it next Moday

Senior Adv Vikas Singh: our members are dying by a dozen everyday. This should be heard day after

Justice Chandrachud: Let us keep this on Friday afternoon. We expect that the matter be conducted in cooperation.Please don't use this platform to recriminate. Its an appeal from us

Justice Chandrachud: We are not entering the domain of the executive and only making suggestions like the point made by AP counsel was very valid. Also if vaccination is open to above 18 we need to know how you are going to meet the increased surge in demand for vaccines

Justice Chandrachud: We also direct the states to file a reply by Thursday 6 pm with regard to the infrastructure available for the above-mentioned points. This will enable us to know what the Centre needs to do in this regard

Justice Chandrachud: Rajasthan cited certain factors which emerged from a Delhi HC order. we leave it open to Rajasthan to approach the Delhi High Court. affidavits to be filed by states in this case here shall be served upon the email specified by the Solicitor General

Justice Bhat: Mr SG you wanted states to indicate the infrastructure they have. let them all send it to you and you submit a compilation before us. This will save us from going through 40 paperbooks.

Matter to be next heard on April 30, 2021, 12 pm (noon)

Supreme Court asks SG Mehta to share the compilation with Amicus Curiae too.

#SupremeCourt

Bench rises for lunch.

Matter over.

During national crisis Supreme Court cannot be a mute spectator: Suo motu hearing on Covid-19 issues [LIVE UPDATES]

#SupremeCourt #CoronavirusIndia

barandbench.com/news/litigatio…

[Suo Motu case on COVID-19] Clarify basis for vaccine pricing; Consider invoking Patent Act to regulate prices: Supreme Court to Central govt

report by @DebayonRoy

#SupremeCourt #COVID19 #CovidIndia

@SerumInstIndia @BharatBiotech

barandbench.com/news/litigatio…

PM Modi directly involved in augmenting oxygen supply on war footing: Centre's affidavit in suo motu COVID-19 matter before Supreme Court

#CovidIndia #OxygenCylinders #SupremeCourt

@PMOIndia

barandbench.com/news/litigatio…