Thread by @barandbench

#MadrasHighCourt hears suo motu case concerning #COVID19 management and related issues in Tamil Nadu. Matter before Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy.

Hearing commences. AG says an additional status report has been filed by Health Secretary.

AG informs that measures concerning the control of media crowds at counting booths are also detailed in the status report.

Guidelines including media to carry -ve RTPCR report (taken 72 hours before) or should have taken at least one vaccine shot.

#MadrasHighCourt

Court asks how guidelines will be implemented: Because you know, there is a scramble. With the proliferation of channels... there will be crowds and you will have to control them.

#MadrasHighCourt
#COVID19India

CJ Banerjee: Those who are going in, their RTPCR may be checked.. but those who are milling around, technicians... who is going to check ...?

AG says that the police will first check the passes before allowing media persons would be allowed access.

#MadrasHighCourt
#COVID19

CJ Banerjee observes that there is a need to strike a balance.

Adds: We are not here to give you the rules... as long as you are aligned to that and you have a plan in place to deal with it.

#MadrasHighCourt
#COVID19

AG moves on COVID-19 checks at State borders. Those coming in from Kerala and Maharashtra have to undergo self-monitoring, undergo 7 days of quarantine, to visit the health centre if symptoms develop, he submits.

#MadrasHighCourt
#COVID19

Those coming for business travel exempted from home quarantine, AG submits. He informs that last year TN was strict on border checks and issued E-passes for inter-state movement, but the HC overruled the system after a PIL was filed since Centre had relaxed restrictions.

E-Pass system substituted with the e-registration system. anyone who comes in has to get an auto-generated pass.

Measures being contemplated now including that persons may have to take RTPCR test within 72 hours or taken 2 shots of vaccine - this is being examined, AG says.

PS Raman: The fact that they are examining RTPCR... might be implemented right away.

Court says: Court's endeavour not to impose guidelines because we are the first to accept that we are not qualified to do so.. we encourage them to take steps on the basis of expert advice and ground realities... as judges, we don't qualify as experts.

Court: We find areas of concern. Augmentation of supply of drugs and of vaccines. These are the areas where... we have substantially read the report you have placed, ASG - .... very well, let us stop the blame game. Let us look at what can be done now.

ASG R Sankaranarayan: All attempts are being made...

Court: Are you in a position to give some timelines within which an adequate supply of drugs, vaccines will come?

ASG: By Monday I can produce it before the Court, even. if it is vacation. Steps are being taken.

Court: If you are there to give the details, we will sit on Monday and take up the matter.

Court: All the states, not individually in this state, appear to be somewhat... in these two areas i.e. getting the drug and vaccine.

Court: Oxygen supply, there can be alternative ways... but vaccine and drug, these are of great imp and center should in our view have some kind of a time frame or plan in place

ASG: I will contact the health secretary right away...

CJ: And it has to be kind of equitable all over the country. We cannot say give us and ignore the rest of the country

ASG: All steps are taken on a pan-India basis... only one word, I do not want to waste time... till Dec, the curve was flattening. by Jan everything was fine.

ASG: I distinctly remember I remember when UK flights came.. problem started in Kerala and Maharashtra.. that was when the surge was catalogued.

Jan 5, the Union health secretary wrote to Kerala, Maha, Chattisgarh, etc. to take steps to curb the surge in COVID cases, he adds

High-level team was sent to Kerala to aid public health interventions for covid management. Centre has done whatever needed, ASG says.

CJ: Let us leave it. we do not perceive appropriate measures were taken.. that post mortem can be taken later... let us focus on what we can do

Senior Advocate Rakesh Dwivedi appears for ECI, urges that item 37 be taken up with the suo motu matter, concerning COVID-19 protocol in Karur counting booth.

@ECISVEEP

#MadrasHighCourt
#COVID19india

Dwivedi makes detailed submissions on the measures taken to ensure COVID-19 protocol in Karur counting booth. Court appreciates the measures taken, adds that ECI should remain to be on guard.

CJ: Assume the worst will happen. Let us be prepared for worst-case scenario...

Dwivedi: Media should be instructed not to sensationalize anything, because EC authority... it is a difficult task to conduct elections in these times...

Court: We will leave it at that.

Dwivedi: Some people have proceeded to lodge FIRs... would request that some observation.. your observation is to spur us to act ... but FIRs are being registered all over the place... some protection may be granted...

CJ: Courts are there. Frivolous matters will be dealt with

CJ: Any other matters?

AG informs that number of COVID-19 active cases 1.12 lakhs.

Lawyer requests that a ban be issued on bursting of firecrackers amid COVID-19 pandemic. CJ agrees with the suggestion.

CJ: ... because air quality has to preserved. This is a virus. that affects the lungs. bursting of crackers cannot be allowed.

Court dictates order.

#MadrasHighCourt
#COVID19

Court records that reports have been filed both by the Union and the State as to the measures taken. COVID cases in TN not much worse than what was anticipated as per the latest state report.

Court records State's submissions regarding Bed, Ventilator availability. About 29,367 beds in govt hosp 12,196 in pvt hosp.

Court records that state report also indicates augmentation of beds in govt and private hospitals, about 36k Oxygen beds, about 86k ventilators. On oxygen front, State says requirement being met by manufacturing facilities in the State and in Puducherry.

Court ORDER: However, the position appears to be slightly different in respect of the availability of drug Remdesivir and doses of the vaccine.

With universal adult innoculation drive due to begin on May 1, the supply of vaccines has to be augmented.

#MadrasHighCourt

Court records that 2.5 lakh vials of #Remdesivir demand was raised by TN, only 59k allotted by Union so far.

Court records ASG submission that appropriate measures at augmentation are being taken and appropriate figures may be indicated within a day or two.

#MadrasHighCourt order: It is hoped that the picture becomes clearer at least by May 3, 2021, and the specific quantities of the drug and doses of vaccine to be released are to be indicated to the State in all clarity so the state may plan out its course of action in next week...

#MadrasHighCourt order: Two aspects cannot be missed.

First, is the Union's endeavour to indicate that surge in (COVID) numbers may be unexpected and prefatory measures have been taken for quite some time. Second aspect is the Election commission's concern about sensationalism.

#MadrasHighCourt on Centre and ECI's concerns over adverse observations against them in Court's oral observations, as reported in media:

"The Post-Mortem on either count may have to wait particularly in light of immediate measures that may be put in place."

#COVID19India

#MadrasHighCourt order: It may also be clarified at this stage that this court does not regard itself to possess the expertise necessary to suggest measures that may be adopted.

#MadrasHighCourt order: The object of the exercise is to ensure that the authorities tasked with such obligations devote their complete attention in such regard so that the measures may be monitored (to) some degree.

#MadrasHighCourt: The immediate concern is vote counting day on May 2. In view of the guidelines published by the ECI and the measures put into place, inter alia, restricting movement, entry in counting centers, security in and around counting centres and total lockdown....

Court: ... on that day hoped that political parties, media personnel, and citizens at large adhere to the instructions and the guidelines, follow the norms, and cooperate with the authorities in the greater public interest

#MadrasHighCourt

#MadrasHighCourt Order: The role of the political parties cannot be over-emphasized. Leaders of political parties should ensure that the rank and file maintain a degree of discipline and exercise extreme restraint whether in celebration or otherwise.

#COVID19India

- On bursting of crackers -

#MadrasHighCourt Order: Leaders of pol parties should keep rank and file in check, ensure that there is no bursting of crackers or taking out of rallies particularly on the day of counting and till such time that the present grim situation continues.

#MadrasHighCourt Order: Leaders of political parties are required to take a proactive stand in such regard and lead by example.

#COVID19India

#MadrasHighCourt Order: A status report has also been received from Puducherry which indicates quite an alarming surge but measures now put in place and which ought to be implemented.

#MadrasHighCourt: In an order passed earlier today, ... authorities have been directed to ensure that private outlets selling liquor and bars should be checked in the light of the orders that have been passed by the UTs...police should ensure strict adherence and closure of bars.

#MadrasHighCourt: Other aspect of the matter is for information to be available on the internet and any other medium so that there is no panic whether in seeking the drug or obtaining supplies of oxygen or finding out the nearest bed.

#MadrasHighCourt: The citizens ought to also exercise a degree of restraining that the state govt would be best suited to advise. It also appears that a number of people continue to have reservations in taking the vaccine.

#MadrasHighCourt: (Vaccine) drives have to be initiated, whether through miking in lesser towns and rural areas or otherwise to encourage people to come out and take the vaccine.

#MadrasHighCourt adds that Bench will be available at least during the first fortnight of the vacation to take up any urgent matters in this case (COVID-19 related issues) with prior notice to concerned parties.

Sr Adv Dwivedi (ECI) again requests that Court direct Media only to report what is on record (in orders/ judgments and not oral remarks during hearings).

He says ECI officials are "being portrayed as murders, denuding (their) authoritiy"

CJ: Thank you.

Hearing ends

#MadrasHC