Thread by @barandbench

#MadrasHighCourt to continue hearing today the suo motu case registered to check on COVID-19 management in Tamil Nadu.

The matter is before Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy.

Track this thread for live updates.

#COVID19India

Hearing begins.

AG Vijay Narayan: Both Election Commission and State Govt have seriously considered the suggestions made by Court. The Election Commission has passed a very detailed order dated April 28...

#MadrasHighCourt #COVID19India

Court: Let us be very clear, the Election Commission has the authority to even take over the administration.. to ensure that COVID protocol is maintained ...

#MadrasHighCourt #COVID19India

CJ Banerjee: ... but more than that even if Election Commission issues orders, it has to be implemented on the ground. There is no point in words and letters without implementation on the ground.

@ECISVEEP

#MadrasHighCourt #COVID19India

Court: We will appeal to all political parties.. to not have mass congregations, celebrations at the time of counting... that you do not have throwing of gulal, hugging of each other as if you have discovered... these things can wait.

#MadrasHighCourt #COVID19India

Court: Whatever we say, the political class will not take care for it. So you have to put some effective measures in place... in light of that tell us, what are the measures you are taking?

#MadrasHighCourt #COVID19India

AG reads from ECI's guidelines on how it proposes to ensure COVID-19 safety norms on vote counting day

Among other measures, he reads all Sundays a curfew has been declared, no candidates/ agents allowed inside the counting hall inside without -ve RTPCR test, vaccination report

Within 48 hours before counting, the test should have been done, AG clarifies.

To us, it appears that they can first be in the hall, and then after being in the hall they can produce.

AG clarifies that is not so.

No public gathering outside the counting venue, social distancing, disinfection, ventilation in counting centers, number of counting tables as per size of room, thermal scanner, sanitization, PPE kits for counting agents - other measures cited by AG for May 2 counting day.

AG: We have issued a list of guidelines for the general public for what they should do and not do in the case of COVID in every newspaper.

Court: There is one thing completely missing... with the proliferation of the #media, particularly electronic media, even if you do crowd control, the presence of media personnel makes it a crowd.

#MadrasHighCourt #COVID19India

CJ Banerjee: These guidelines do not indicate anything on how to control the #Media (crowd)... the media also needs information...

Media must have access to counting at regular stages. presence of media also a check against malpractices which may be possible...

Court: What is the protocol as to the presence of media?

AG: I will find out. There was some discussion on this issue.. The Director general may have come up with a certain protocol (today)

Court says if the decision is informed to media in advance, they can act accordingly since they also have to make arrangements

Court: If you do it on Sunday morning, it is of no use... We will post it tomorrow, because this is kind of half baked

#MadrasHighCourt #COVID19India

AG says that he can make submissions even in the afternoon on protocol to be followed by Media during election counting coverage.

Court: We will keep it tomorrow. Don't rush... Please request EC to be represented tomorrow. Absolutely essential ... so that May 2nd does not become super spreader event.

#MadrasHighCourt #COVID19India

We are closing all non-vegetarian stalls (on Saturdays), because they tend to attract large crowds - that will continue all through the month, will be part of #COVID protocol, AG informs.

CJ Banerjee: Article 14!

#MadrasHighCourt #COVID19India

AG says stalls selling fish would also be closed as part of this move.

AG: There is a reason why it is called a 'fish market', because it attracts large crowds

CJ: Greater reason maybe because there is haggling.

#MadrasHighCourt #COVID19India

Number of active cases has not gone up since last hearing: AG

Court: It has!

AG says that number of recoveries also has to be factored in. The number of active COVID cases today is 1 lakh 10,000, which is more or less what it was the last hearing

#MadrasHighCourt #COVID19India

On oxygen, the state has permitted the opening of Sterlite, AG submits.

#MadrasHighCourt #COVID19India

Senior Advocate P Wilson raises concern over #Remdesivir distribution in the State

Wilson: Remdesivir, they have only set up one center in Kilpauk. Lot of crowd is there. Persons come even early mornings and wait long hours. That crowd itself will cause hardships.

@PWilsonDMK

Wilson: I only request AG consider opening counters all over the State and in cities so there will not be any rush.

Wilson says there are reports of black marketing where the purchase of Remdesivir is reported to be made in huge numbers to sell in the black market.

Adv NGR Prasad: Adding to that, after the counter was opened, only 200 vials were sold whereas 2000 people were waiting. The state could be directed to have mobile dispensaries.

#Remdesvir

Court: Mr Prasad, hospitals already being a place having crowds... even if mobile is a good idea, there is no security in mobile vans. Number 2, in hospital precincts it may not be an appropriate place.. But they may be asked to create more counters.

#Remdesvir #MadrasHighCourt

If my learned friend Wilson could wait for a few days he will get some good news: AG

#Remdesvir #MadrasHighCourt

AG refers to a Press and media release by Corporation of Chennai which says RTPCR swab collections for media personnel (for those who have applied) is being conducted from 10 am to 4pm.

#MadrasHighCourt
#COVID19India

AG refers to ECI instruction that media persons proposing to cover the election counting on May 2 should carry negative RTPCR negative, vaccination report. if they do not, media personnel would not be allowed to enter counting hall

#MadrasHighCourt
#COVID19India

Court: How many are you going to allowing inside the counting hall?

AG says some instructions have been issued and he will present the same tomorrow.

#MadrasHighCourt
#COVID19India

Senior Advocate G Rajagopalan appears for Election Commission. Court reiterates that political parties should not be allowed to flout COVID protocol on counting day.

Court: You (political parties) can celebrate over phones, in your homes, but don't come out in the streets.

Rajagopal says detailed instructions have been issued.

Court: We will hear both matters (wrt to COVID-19 management in Tamil Nadu and Puducherry) tomorrow and cover all aspects.

Adv Prasad raises concerns of bed shortage.

Prasad: So far as beds are concerned, MP from Madurai says that only 1068 available in govt hospitals.. 1105 inhouse quarantine.. in the next few days there will be no beds (in Madurai).

Prasad: So far as Chennai is concerned.. told that there are no beds in govt or private hospitals and people have to leave in three days.

Shortage of nurses is there, low wages given to persons engaged for cleaning, he adds.

Court says that manpower shortage may be because of a cocktail of reasons. Says this is a real problem.

We are told of lack of hygienic conditions in several hospitals because of lack of group III or group IV employees: Court

#MadrasHighCourt
#COVID19India

Wilson says govt should explore areas beyond just hospitals.

Court notes there are buildings like hostels, marriage halls etc.

Court: Mr Ag you will have to deal with the beds issue.. even if not as bad as Agra and other States...

AG says he will place a statement tomorrow.

Court: We believe American aid will be here by tomorrow.. aid from Germany, Europe

NGR Prasad says Chinese aid may also come in

Another counsel: China gave us virus also

Prasad disagrees with the notion.

ASG R Sankaranarayanan makes submission on #Remdesivir: Remdeseivir is a patented drug. Being manufactured in India on an agreement between US and 7 companies ... manufacturing capacity of Remdesivir manufacturer has been augmented.

ASG submits that the COVID surge was unexpected.

Court asks what the Govt was doing for the past 14 months.

CJ Banerjee: All that you are showing that things will be hunky-dory in June... did they (Centre) consult experts?

#MadrasHighCourt #CovidIndia

There is a group of experts working, ASG says

Court: I have not met any respectable doctor who had advised the guard to be dropped over the last few months... even if doctors have not advised, who are the experts centre has been consulting?

#MadrasHighCourt #CovidIndia

"We are in this state of absolute despair despite having lockdown for most of last year", CJ Banerjee remarks.

CJ adds: All that we see here is that 'June it will be better'.. we are all depending on chance, without doing anything.

#MadrasHighCourt #CovidIndia

Court: What about pricing of vaccination? 18-45 age group, the mad rush, the websites having crashed?

ASG: I saw it in the newspaper this morning. will get instructions

Court: There cannot be an ad hocism about that

#MadrasHighCourt #CovidIndia

CJ Banerjee: We do not mean any disrespect, (but) we had to go in a planned, informed manner after consulting experts, not ad hocism

#MadrasHighCourt #CovidIndia

A counsel raises concern over there being no COVID-19 related checks at the State borders.

He adds: I have a friend who came from Hyderabad yesterday, he just sauntered in without any checks.

#MadrasHighCourt
#COVID19India

Court says it will hear the matter tomorrow.

Issues to be taken up include COVID-19 protocol on counting day (particularly wrt regulating media crowds), Remdesivir, beds, ventilators, oxygen, and preventive checks at state borders.

#MadrasHighCourt
#COVID19India

[COVID-19 crisis] "All you are showing is that things will be hunky-dory in June, did Central govt consult experts?" Madras High Court

[READ FULL STORY]

#COVID19India #COVIDSecondWaveInIndia

barandbench.com/news/litigatio…