Thread by @barandbench

[Suo Motu COVID-19]

Justice DY Chandrachud led three-judge bench of Supreme Court to resume hearing its suo motu case regarding supply of essential medicines, drugs, vaccines during the #COVID19 pandemic

#SupremeCourt #pandemic #suomotu

Supreme Court in its earlier order had directed the Central government to clarify the basis and rationale on which COVID-19 vaccines are being priced in the country
#supremecourtofindia #covid19 #pandemic

The top court had maintained that during a national crisis it cannot remain a mute spectator. But it clarified that it was not hearing the case to supplant the high courts.

Read all about the last hearing here:

barandbench.com/news/litigatio…

Solicitor General of India Tushar Mehta will be submitting the revised and additional affidavit by the Centre today. The hearing will commence at 12 pm. Follow this thread for all updates.
#SupremeCourt #covid19 #pandemic #suomotu

Hearing commences
#supremecourtofindia

Justice DY Chandrachud thanks Senior Advocates Jaideep Gupta and Meenakshi Arora (amicus curiae) to have joined the case.

Justice Chandrachud: 200 people are on the virtual hearing link. Please mute the mic when one counsel speaks. We have gone through the affidavit by the Centre. Under various issues we have highlighted the heads. purpose is to identify issues and concerns of national interest

Justice Chandrachud: we are looking at playing a dialogical role through judicial review so that the thought process is initiated by policy makers. we have some petitions before us which raises entire local issues of grave importance. Such issues have to be raised in HC

Justice Chandrachud: I am trying to abreast myself with technology. So let me share the screen to show you the notes we made

SG Mehta: we finalised the reply in late night hours and officers who are involved are fire fighting. Other state counsels may not have gone through it

SG Mehta: we have prepared a power point presentation to show you what steps centre is taking

Justice Chandrachud: let us show you identified issues. my colleague will have issues in mind. then we can go through the PPT and share our concerns

Justice Chandrachud: On oxygen supply what is mechanism to display allocation supply, can a mechanism be developed to show realtime updates as to how much allocation is being given so that which hospital has how much oxygen can be checked.
#SupremeCourt

Justice Chandrachud: Voluntarily people who don't need to be here, please log out so that the Solicitor General can enter the courtroom.

Justice Chandrachud resumes: What are the restrictions like lockdown that centre has taken to curb spread of covid19. What measures have been taken to make sure supply of tankers and cylinders reach especially 800 tankers. no plan in the affidavit.

Justice Chandrachud: What is the expected supply of oxygen? How does central and state govt enable vaccine registration for illiterates or don't have access to internet. After May 1 will walk in for above 45 continue

Justice Chandrachud: What about vaccinating the crematorium workers? Has centre considered invoking section 92 patents act to grant compulsory licenses in the face of emergency like this of covid19?

Justice Chandrachud: Why is the central government not buying 100 percent of doses since its best place to determine equity and disburse? when will the 50 percent disbursal be sent. Whether procurement is done for centre or states its for citizens why should there be two prices??

Justice Chandrachud: Why cannot follow the national immunization program policy and procurement is centralised but distribution be decentralised

Justice Chandrachud: Will one state get priority access over another in getting the vaccines. Centre says 50 percent will be procured by states for vaccines. How will the vaccine manufacturers ensure equity. Centre to submit exact population between 18 to 45

Justice Chandrachud: Centre should show investment by Centre to ramp up the manufacture of vaccines. This will be the most important intervention by centre when private manufacturers have been funded to produce vaccines

Justice Chandrachud: Delhi HC has noted the shortage of COVID medicines like ivermeticin etc, govt has ramped up manufacture of remidsivir. Last year Maharashtra imported from Bangladesh. Bangladesh also exported to latin America as they have a generic version.

Justice Chandrachud: Bangladesh is a LBC country and thus not obligated to protect the product patents. section 107A of patents act interpretation shows that indian can import such drugs from Bangladesh. Jharkhan too proposed to imported 50,000 vials of Remdisivir

Justice Chandrachud: Has the centre considered to invoking section 92 of patents act and issue compulsory licenses so that drugs can be manufactured while royalty is sorted or HC may decide so. if govt and patentee is not able to reach a decision on patent price HC can decide

Justice Chandrachud: Compulsory licenses can be granted with sunset clause which shows that such licenses will be over once the pandemic is over. Doha Declaration of TRIPS show that member states can take such steps to protect right of public health

Justice Chandrachud: Why should the court not issue directions under Section 100 and section 92 to enable generics to manufacture these drugs without the fear of legal action? is the logistical concern is more important than right to health.

Justice Chandrachud: While the production capacity has increased centre should provide how much increase is there for Remdisivir. It is to be shown the that how demand has increased for the drugs from states?

Justice Chandrachud: If state is ensuring facilties for local capacity then what is centre doing for the states that are not able to cope up. How has testing labs been directed to track the second mutant variant of covid 19. how is reasonable time frame met out for reports

Justice Chandrachud:new variant is not getting detected in rt pcr test. medical centres is driving away patients without positive report or charge high sums. how is this being regulated. What is the policy in place? Ahmedabad is not admitting patients who are not in 108 ambulance

Justice Chandrachud: How is the centre trying to regulate the high cost being charged to admit and treat covid patients. is it left to states to determine the charges. What is being done when incorrect information is set up, any help line that has been set up?

Justice Chandrachud: if there is a shortage. how are temporary covid19 treatment centres being set up. are there any guidelines for the same and how will they admit patients? is there a policy of non admission of those who are not infected with covid19.

Justice Chandrachud: What is being done for shortage of medical staff. how are docs being safeguarded & treated for covid19 who are contracting it. A doctor who is close to all of us in SC said a doctor who has practiced since 1982 was unable to get a covid bed.We are not blaming

BREAKING
Justice Chandrachud: i flag this issue at the outset. we want to make it very clear that if citizens communicate their grievance on social media and internet then it cannot be said its wrong information.

Justice Chandrachud: we don't want any clampdown of information. we will treat it as a contempt of court if such grievances is considered for action. let a strong message go to all the states and DGP of states. clampdown of info is contrary to basic precepts.

SG Mehta: as an officer of the court, I fully agree with what you have said.

Justice Rao: I would request all lawyers who are here not to trea this as adversarial litigation. all the question need not be considered as talk to centre. these are all directions in areas where the court has to intervene. we are in a time of crisis.

Justice Rao: we are only trying to help the executive so that health of citizens is protected

Justice Ravindra Bhat: We were at the forefront when we negotiated the flexibility in TRIPS and then doha declaration, we were the first country to issue compulsory license. this is the most important case for the same. Its more of a suggestion and not a direction

Justice Bhat: This is a public health emergency. SG your affidavit says you have 10 PSUs who can manufacture. you can get licenses through patent controller and get it manufactured. 4500 crores was given to these vaccine manufacturers then we don't know what was the grant

Justice Bhat: with cooperative federalism here, procurement for states is fine, this is a national emergency. Rule 19 and 20 of drugs price control order mandates you to control the price of drugs, whether you procure or not let states get it from you

Justice Bhat: manufacturers are charging you 150 but 300 or 400 to states. why should we as a nation pay this, the price difference becomes 30 to 40,000 crores. even when we have paid for this. no point for price difference. we are not directing it but you should look into it

Justice Bhat: AstraZeneca is providing vaccines at far lower price to the US citizens then why should we be paying so much? Among the beds available we should know how many of them are ICU beds.

Justice Bhat: medical professionals are reaching a breaking point. we cant just say they are covid warriors. i know they are given 15 lacs when died. but look at how nurses are dying. they play a vital role. its time we speak about them and express gratitude.

Justice Bhat: use your powers solicitor to see whoever is doing more than they should should be paid more

Justice Bhat: Why do you want to expose the doctors and no accommodation is available for them why wait for 14th day etc. we need them by our side.

Justice Rao: i read that there are 25,000 doctors and 2 lakh nurses who are ready to work. i think the govt should consider utilise them now otherwise the healthcare facility is at the verge of breaking down.

Justice Rao: i rememeber in Karnataka many hostels were used as COVID facility. In kerala during floods all religious places like mosque, temples etc was used.

SG: In India spirit of philanthropy in religious teachings is to robust that it has started

Justice Chandrachud: I read about gurudwara langars. but as a nation lets make this work. Vaccine pricing is extremely important.

Justice Chandrachud:today you say 50 percent obtained will vaccinate frontline workers and rest 50 percent which states negotiate then that will be used to vaccinate 59 crores indian who are between 18 to 45.

Justice Chandrachud: in them there will be a lot of SC ST and disenfranchised, we cannot have a public sector model in an issue like this and must follow national immunization policy

Justice Chandrachud: Dont leave it to the manufacturers. how will they determine equity. Invoke your powers to see that additional facilities are created for vaccine manufacturing.

Justice Chandrachud: We are conscious that health infrastructure is inherited in the past 70 to 100 years and this is not a critique of what we said. we are too seasoned to start value judgments.

SG Mehta: for centre it is not an adversarial litigation.

SG Mehta: I must tell your lordship that 60 percent of people briefing me and firefighting on ground are covid positive. Officers who sat with me till 1 am are covid positive. This is an issue facing the nation and we must respond as a nation.

SG: Court had earmarked certain areas on which we had to respond. Some of the issues you have cited are new or have policy ramifications/repurcussions. It would not be advisable for me to immediately respond.

SG Mehta: This affidavits may not cover all the points which have been raised. Your lordship said Centre distanced itself from vaccine manufacturing and left to states, Government is always open and do all needed for citizens

SG: For Gujarat you were informed that for admission was done on the basis of 108 ambulance. it was only in a facility and that is withdrawn since it was incorrect and arbitrary.

SG: Regarding residents proof asked for an hospital I think that cannot be so as it cannot be resident specific as hospitals are obligated to treat all. if a regulation is not there it will be put in place

Justice Chandrachud: Should we take a break and resume this? This is very important. give us the logistics on the PPT you wish to make solicitor

SG: I have received some of the IAs very late and we will respond in a constructive manner, let me start with the augmentation of oxygen and pontification of supply

Judges take a moment to discuss with each other

Justice Chandrachud: We will now hear you, and then we will request Amicus Curiae to look at the IA and share a note with us so we can deal with this early next week. In the course of order we will highlight the dialogue and issues which needs consideration

SG Mehta: This has come as a unprecedent crisis. Government had been interacting with state govts on steps which we have to continue to take anticipating what is to come. but the magnitude...

Justice Chandrachud: we will also hear citizens crying for oxygen cylinders. Ground situation in Delhi is oxygen is not really available. same in Gujarat, Maharashtra you have to tell us in the foreseeable future what difference will be there from today and next day of hearing.

Justice Chandrachud: Our hearing must make a difference. Tell us how much oxygen will be made available to critical states

SG: no country will expect the demand for this quantity of liquid medical oxygen. we had invited states to show their expected requirement.

SG: based on that particular quantity was allotted. Delhi, the issue was debated in the High courts too. Difficulty is that centre has pulled whatever it can extract from whatever source possible for oxygen. transportation logistics can be handled at state level

SG: many states have handled at very effectively. As per realistic estimate may be a Delhi has got 400 MT of oxygen, like Delhi they are not able to lift the quantity due to logistical issues. May be shortage of cryogenic tankers. More and more tankers will ease problem

SG: There is a virtual control room that is working 24x7 and any state which has an emergent need can contact the control room for such assistance. suppose a tanker is coming from haryana to delhi that tanker may be stopped at haryana as they too face shortage.

SG: then a call goes to the control room and this issue will be addressed

Justice Chandrachud: now you have issued an order under DM Act stating that tankers will not be stopped as they will considered as ambulances

Justice Chandrachud: Is it your case that inability of Delhi to get oxygen because of NCT govt is not able to lift it?

SG: I have a letter from the supplier saying 200 MT is ready but Delhi is not lifting

SC: what is the solution? what do we tell people vying for one?

SG: Centre is providing tankers there was some scarcity and now it has been eased out. Delhi is a non industrial state and that is why the issue is more acute. but we are putting more tankers to work.

SG: by and large oxygen has been supplied to each and every heavy load state. officials in the control room are in live touch with the chief secretaries of states. logistical issues at states have to be sorted out. rather than taking it as adversarial we have to help

Justice Bhat: your previous reply stated tanker capacity you have plants to augment it to produce 2000 tankers what is the time line?

SG: some factual questions have come up first time and I cannot answer off hand. we will doing at a war footing

SG: even philanthropic big industries are being involved to get tankers and oxygen on war footing. this is because all life matters to us.

SG: Oxygen supply is a dynamic issue. If there is a sudden surge figures are bound to increase. Then allocation also increases.

SG: mankind is facing an existential crisis. (continues reading from the affidavit)

SG: steel ministry has done an amazing job, All
Oxygen plants in steel companies have been designed
and installed as per respective process requirement of
the steel plant.

SG: All these Oxygen plants are also designed to produce a specific quantity of liquid oxygen, liquid argon and liquid nitrogen as associated products
along with producing gaseous oxygen.

SG: steel sector has made available the liquid oxygen available in its storage tanks for medical use (approximately 16,000 MT LMO is available as on 21st April 2021).

SG: Further, the safety stocks in the storage tanks of liquid oxygen at all locations has been brought down to 0.5 days in order to make available additional LMO. Till date the steel Industry has supplied 143,000 MT of LMO since September 2020.

SC: how many oxygen is available at average in India. You can give us an (mota mota) or approximate average.

SG: It depends on daily need

SC: Is there a deficit

SG: as on date, no

Justice Ravindra Bhat: as per doubling rate adopted demand increases but what is being asked is how much is available

SG Mehta: about 10,000 MT of oxygen is available

Justice Chandrachud refers to this chart as in the affidavit by the Central government:

Justice Chandrachud now refers to the next part of the chart:

SG: Delhi had said it demanded 700 but given 490. I must state that we were not an xygen surplus country before this pandemic.

Justice Chandrachud: Delhi shows the demand had increased where there was 123 percent increase and revised need was 700 MT and then you say you allocated 490 MT?

SG: Figures are discussed and arrived at consultation

Justice Chandrachud: we can do something for those struggling

Justice Chandrachud: if there is a 200 MT deficit then you should give that straight away to Delhi. centre has a important responsibility as far as citizens of Delhi is concerned. You have said surplus is there in steel sector, then use that and supply to Delhi

Justice Chandrachud: between today and Monday there will be 500 deaths in our hands

Justice Bhat: Delhi is a non-industrial state like Goa, Uttarakhand and everybody cannot be on same board.

Justice Bhat: Centres proactive role in procuring the tankers is very important now

SG: I will highlight those steps. but answering to Justice Chandrachud 500 deaths are not due to Oxygen supply

Justice Chandrachud: but we have to do something.

Justice Chandrachud: Delhi represents the nation and there is hardly any ethnically Delhite. forget about someone could not lift the oxygen. you have to push through since you have to save lives Mr Solicitor. you have a special responsibility as the Centre

SG: the tight rope walking we are doing and when we divert a tanker from someone else it will cut short somewhere else. i have something in mind, I will discuss and comeback

SC: as a national authority which has a responsibility to the national capital you are answerable to the citizens.

Even USA is giving vaccines at lesser price, why should our citizens pay so much? Supreme Court questions COVID-19 vaccine pricing policy

#COVIDEmergency #CovidVaccine #Vaccine #Covaxin #CovishieldVaccine #SupremeCourt

Read story bit.ly/2QJP4Ld

SG: let me show the presentation first....

Justice Chandrachud: Can we take a break and resume. then I will inform Justice MR Shah that we can sit with him on 3 pm. I will resume this hearing at 2.15 pm and another bench will start at 3 pm. we can continue the rest on monday

Senior Adv CS Vaidyanathan: there are oxygen tankers which are available with companies. there are 50 to 60,000 such tankers

Justice Chandrachud: we are skeptical to entertain such private petitions

Justice Ravindra Bhat: Let the amicus prepare a chart and include the suggestions put forth by the IA

Senior Adv Indira Jaisingh states the GST issue needs to be looked at

Justice Chandrachud reiterates the suggestion of Justice Bhat

Adv J Sai Deepak: i appear for some pharmaceutical company who have applied for compulsory licenses

Justice Chandrachud: that too the Amicus can look into it

Former Union Law Minister Ashwani Kumar: i wrote the letter to CJI 7 days before suo motu was taken, why is there till now no ban on political and religious gatherings. universally it is held to be a point of covid19 spread

kumar: Kumbh mela, other melas and panchayat elections are going on. 600 teachers on polling duty were affected with covid19. there are people who are disabled and cannot get the vaccine.

Justice Chandrachud: Regarding people who are old or in destitute condition please apply your mind to it. rest the amicus will compile the submissions.

Kumar: the whole vicious cycle of elections have to be stopped it is impossible to stop the covid19 surge then

Supreme Court three-judge bench to resume at 2.30 pm: Justice MR Shah is a very understanding colleague. he will not mind if I am late for a few minutes

Advocate AP Singh continues to make submissions even though judges are not present.

Bench to resume at 2:30 pm
#SupremeCourt

Justice Rao: why dont you speak with CS Vaidyanathan and take over the IBC companies so that oxygen cylinders can be produced since there is a shortage

SG: I just wanted to be sure this platform is not misused. by the companies. We will do everything and we will consider

SG: I spoke to someone in the break regarding Delhi. What has fallen from you will be respected

Justice Chandrachud: We will speak to Mr Rahul Mehra for Delhi government too.

Senior Adv Vikas Singh for West Bengal: Centre has funds for vaccines. That is 700 for two doses person. But if it comes down centre can vaccinate all. then @adarpoonawalla in an interview recently too spoke about it.

Justice Chandrachud to Rahul Mehra (Delhi govt): We told Centre how its has a special responsibility to Delhi from centre but we need to send a message to the highest levels of your govt that in this humanitarian crisis

Justice Chandrachud: we don't want lives to be lost in political bickering. politics can be during elections and interact with the centre. Ask your chief secretary to speak with SG Tushar Mehta

Advocate Rahul Mehra says it will be followed in letter and spirit

Additional Secretary Sumita Dawra (COVID positive) makes the PowerPoint presentation

Justice Chandrachud: we thank for all the efforts you are putting in.

SG Mehta: hats off to the doctors too who are working during the pandemic. Two hospitals who helped in cremating patients was back to duty within 6 hours.

Dawra: Our secretary was COVID positive and in ventilator. But now he is in ICU. Now coming to the presentation first is oxygen related issues to covid management.

Powerpoint slides begin:

Dawra shows a slide dealing with production and supply status of liquid medical oxygen: 51,000 MT is lying with us which is industrial oxygen out of which 19,871 mt is liquid medical oxygen

Dawra: There is no need to panic and as a responsible public servant we have 13,000MT of surplus oxygen in the country.

Dawra now shows suppl of daily medical oxygen to top states. Maharashtra, Karnataka, Uttar Pradesh are the top three states as per the chart being shown to the court.

Dawra: its an unprecedented crisis and the speed is of multiple times. There was 6000 MT oxygen manufactured in August 2020 and now it is 9000 mt. New plants were commissioned at Modinagar There are LMO manufacturers in steel sector and production has gone up from 1500 to 3600 MT

Dawra: its an eye opener for me as an administrator to see how Reliance Industries Limited Jamnagar ha produced LMO and now it has gone up by another 700 MT

Dawra: Supply is also there in Jammu and kashmir small amount but enough for the hospitals there. supply plan for oxygen has been planned wherein states are mapped to oxygen sources and quantity specified for a rolling plan. I shudder to think how we are doing a delicate balance

Dawra: Now punjab is picking up from Jharkhand, This has happened in the last two days. Haryana took extra 700 tons on night due to a surge in demand. Railways have come together and steel plants have also come together

Dawra: you spoke of equity over public goods sir. this is where equity lies sir. high burden states and their demand was handled by the health ministry.

Dawra: We cannot have a rigid framework as the scenario is evolving every day. Its sorry to bring attention to my ownself but even though I was covid+ I was continuously in touch with states to coordinate and work. last night we were with rajasthan, madhya pradesh for feedback

Justice Chandrachud: allocation you made from central control room are you sharing real time updates with the states?

Dawra: yes sir

sc: access is given for them to retrieve data?

SG: yes that data which is shared is available to Centre and states.

Dawra: like yesterday we gave Goa but Karnataka chipped in and raised its own demand too. So its a free flow of communication in the control room group

Dawra: regarding logistics our role is facilitative. we have created the platform where all players have to play the role. movement is from road, rail and air. Like road from Bhillai to Haryana etc daily stats are there. daily oxygen express is there, like such trains to UP

Dawra: UP has even put GPS on their tankers so that drivers can be tracked and it can be seen where the tankers are.

Dawra: For Delhi, out of 490 tonnes, 390 tonnes are from nearby areas whereas 100 tonnes where from distant areas. We had reduced share for other states and meet this.

Justice Chandrachud's link gets disconnected

Lawyer: i think Justice Chandrachud has fallen off

SG Mehta after connection restored: an incorrect word was used like Justice DYC had fallen off

Justice Chandrachud: arrey wo toh parmatma ke haath me hai

#JusticeChandrachud

Power point presentation resumes

Dawra: we have ISO containers too. They are are like capsules and very useful for logistical purposes. We received ISO containers from Singapore. We had a meeting of logistics committee and then states were allocated their share.

Dawra: We had called 5 states for iso containers, from that Delhi was missing. I am sorry to say this. LNG tankers have a risk of explosion.

Dawra: Let me show you the rail and air route now.

Dawra now highlights the allocatio summary: Delhi does not have a manufacturing unit of oxygen like Delhi and Madhya Pradesh.

Justice Chandrachud: what is the 490 MT and 700 MT issue with demand. why is allocation low when demand was 700 and that's what they are saying

Dawra: I would like to place this on record that on April 15 when we had called Delhi demand was stated and we have a whatsapp group too. suddenly Delhi said it needs 700 MT. i spoke with Chief Secretary of Delhi on April 21 and it was agreed 100 mt was an agreeable extra

Dawra:i have not recieved any official message or call for more allocation or message in control room. they can ask for more and we can allocate more.

Justice Bhat : how did supply of 490 MT become 590 MT.

Dawra: on april 28 there was 659 MT of oxygen in cryogenic tanks and this was because remaining was carried over. this gets depleted fast with use. Closing stock was 161 MT in Delhi and this becomes opening stock of oxygen for April 29.

Justice Chandrachud: Deficit is Karnataka, AP, Telangana and Delhi. logistically AP and Telangana is closer to eastern corridor.

Dawra: every hospital which was looking at the second wave was prepared with cryogenic tankers but many did not anticipate. every hospital can have a back up of medical oxygen cylinders. we had 4.35 lakh cylinders which is now close to 11.9 lakh cylinders. most is made in India

Dawra: gasless oxygen is also made from liquid oxygen. global tender has been floated and about 2,000 MT will be brought in while the tender is for about 15,000 MT liquid medical oxygen.

Dawra: oxygen units in steel plants have commenced production of 24x7 production of LMO and has done away with keeping the safety amount of LMO in the steel plants. this was a learning point for me too as an administrator.

Dawra: Hospital should and must have prepared for COVID.

Justice Chandrachud: how is IIT Bombay innovation different that PSA plants?

Dawra: they use a material called geolite and production is only one and a half to 2 MT. Not much but useful for remote areas

Justice Ravindra Bhat: when there was 162 approved PSA plants then why hasn't some of them started by now?

Dawra: Nipun, from health ministry will answer this. but the 162 does not include what states have started on their own

Dawra: regarding mapping of oxygen sources we sit with states and manufacturers everyday along with steel plants to have a consultative process to ensure how allocation can be made. it will happen for us after this hearing.

Justice Chandrachud: despite your personal indisposition you have taken this trouble. thank you so much Ms Dawra.

Adv Rahul Mehra: Please see Central government's affidavit. as early as April 17 we had raised our demands. On 18th deputy cm raised our demand and then cm raised the demand on 19th which was consistently 700 metric tonnes

Justice Chandrachud: how much did they allocate?

Adv Rahul Mehra for Delhi govt: against a demand of 700 MT we were given 490 mt and still full capacity has not been delivered.

Justice Chandrachud: how much you lifted?

Mehra: after coordination at highest level we were able to get 400 MT and the best day was 431 MT. Now mid may will have the covid19 peak and we will be heaving 15000 oxygen beds and 1200 ICU beds. by end of may 15000 oxygen beds will be there

Mehra: Now we have an increased demand of 900 MT above. we wrote to @PiyushGoyal regarding that

Justice Rao: we have to hear all states then

Justice Chandrachud: lets not try to tear the page, we are using our good offices to get this sorted

Mehra: i have conveyed our message. it is our solemn assurance is that during this time of crisis our only aim is to save lives.. please let them consider our increased demand of 976 MT

Justice Chandrachud: we are not leaving Delhi in May. we are here. lets take the first step

Judges discuss the next date of the hearing.

Justice Chandrachud: we can have it next week and see the issues highlighted

SG: next to next week

SC: next Thursday ?

Adv Deepak Masih: thermal power plants can produce oxygen just that they don't have bottling facility which can be installed. if the cryogenic tankers are used equitably we would not have seen the present scenario

Justice Rao: just because you have an audience you are arguing....

Masih: there are genome sequencing labs that can help in vaccine manufacturing too...

Adv AP Singh: there needs to be certain orders for the UP day of counting and Bengal too. please pass a stern order which has guidelines for counting day. number of people will come there. all covid guidelines will be violated.

SG Mehta: all three My Lords are the karta here. looking at this so there are applications that have statements made on centre or state governments. high courts have also passed orders where they should be circumspect while passing such statements

Senior Adv Ranjit Kumar for Bihar: statements are being made which is very demoralising for counsels

Justice Chandrachud: judges during discussion say things to elicit things from a lawyer. what is said not often a final order. every order spoken from bench becomes a part of social media. we can only expect that people understand it is not a final conclusion

Justice Chandrachud: When SG or Mr Mehra is arguing we constantly test his argument but that does not mean the order is against them. off the cuff remarks can give arise to misgivings about any individual.

Justice Chandrachud: we as judges also excercise restraint. so may be off the cuff remarks by an judicial officer can be avoided.

SG: this statement is enough.

Justice Chandrachud to a petitioner: our time is valuable and we have to utilise our time in national interest. if there is a fire in a hospital the High courts may look into it. we will keep it for next week

Justice Bhat: When first time suo motu was taken members of the bar attacked us saying why did we do so. now the wheels seem to have turned full circle and now we have to ask HC to behave in a particular way. judges are also stressed. we cannot be fragile to get offended

Amicus Curiae Meenakshi Arora: we received a lot opinions from leading doctors and experts. should we classify it as predictability, planning and preparation. these issues which needs to be flagged and will impact the rural areas. we don't have predictions from epidemiologists

Justice Chandrachud: Please go ahead and collate this information and let us know.

Senior Adv Jaideep Gupta: can you please allow two persons as AoRs for us. Mr Kunal Chatterjee and Ms Aninidita Mitra.

Gupta: secondly when number of volumes are filed we are numbering them volume 1, 2, 3...

Justice Bhat: you can do deduplication. there should be a common compilation. what you should do is take it to next level and make a common compilation

Justice Bhat: please segregate the issues between two amicus.

Advocate Prema: Gurgaon and Noida hospitals have stated that some hospitals are asking for residence proof and it cannot be so

Justice Rao: Solicitor has responded that such a thing cannot be done. so make a representation to him.

Justice Chandrachud: we have requested centre for a policy for hospital admissions

Justice Bhat: we can order hospital admission cannot be denied for want of aadhaar or residence proof should not be pressed if the hospital is satisfied that he needs a covid treatment.

Adv Mathew Nedumpara: there needs to be something for the migrant labourers who are again suffering as they are jobless now.

Justice Chandrachud: now we are focusing on containing the COVID19 pandemic. we will look at this later. please circulate the note to the amicus curiae

Another lawyer highlights a point where a patient is admitted in Noida hospital is not given Remdesivir from Delhi medical store.

Adv Vaibhav Kakkar: if the medical equipment like oxygen concentrator etc can be exempted from GST

lawyer asked to send submissions to the Amicus Curiae

Supreme Court: Order will be dictated in the evening. It will be uploaded tomorrow morning. We will list the matter on May 10. They have to consider all issues of the order.

#SupremeCourt

Vikas Sigh: Adar Poonawalla had told NDTV that they have a profit of 150 crores on April 6

SG: Your lordships maydrach consider rising as it will not get over

Justice Chandrachud: My colleague has to take his vaccination, now we will get late (smiles)

Justice Chandrachud: We will issue a slew of interim directions which will govern the scene for the next 10 days. We will formulate a proper order. It is about important policy changes that centre needs to consider

Amicus Jaideep Gupta states one of the AoR is changed to Adv Mohit Ram for the amicus curiae.

Justice Chandrachud states that the powerpoint presentation submitted by Additional Secretary will be annexed in the order.

#SupremeCourt

Matter over

Our hearing must make a difference": Ten questions posed by the Supreme Court during the suo motu COVID-19 matter

report by @adityaak90

#COVID19India #SupremeCourt

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[COVID-19] “Doctors, Nurses play a vital role; it is time we express gratitude:” What the Supreme Court said on medical professionals

#COVID19India
#SupremeCourt #CovidWarriors

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