Thread by @barandbench

Delhi High Court will shortly hear petitions concerning #COVID19 and oxygen shortage in the national capital.

Hearing before Justices Vipin Sanghi and Rekha Palli.

@CMODelhi @MoHFW_INDIA

#OxygenCrisis

Yesterday, the High Court had asked Central government to explain how States of Madhya Pradesh and Maharashtra were getting more oxygen supply than their demand.

#Oxygen
#DelhiHighCourt

Read more:
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Hearing begins.

An Advocate mentions application seeking oxygen supply in a hospital.

My hospital is not in the supplier list : Adv Pm Prakash

#DelhiHighCourt
#COVID19
#Oxygen

It's a very grim situation. Patients are carrying oxygen cylinder: Prakash

#OxygenCrisis

I've been details to Mr Mehra and the Amicus : Prakash

Problem is that thks nursing home is not part of the list.. they have to have oxygen to supply. That is the bigger problem: Amicus Senior Adv Rajshekar Rao

Justice Palli says there are more such small nursing homes.

We were in touch with them till 1:30 am. There are large number of small hospitals with technical ability. They are better equipped to be an ICU facility: Rao

Advocate Sachin Puri says the 170 oxygen concentrators seized by Police could be diverted to the hospital.

He also suggests that the some Oxygen concentrators which are being imported could also be given to Delhi.

Prakash adds that some Oxygen cylinders are available at a certain location.

Court asks Delhi govt counsel to take instructions on all the issues raised.

For some patients oxygen concentrators may work.. we don't know if it will work : Court

It depends on the condition of the patient: Rao

440 cylinders have just landed from US. They may be diverted by Central Government: Puri

We did not want to say that we are the capital but Surpreme Court is batting for us : Court

Everything (imports) is not for Delhi: Court

Court asks Adv Meenakshi Arora for Central Government to take instructions.

#DelhiHighCourt
#Oxygen

This is COVID dedicated facility and it's not in the list: Court

Seth Air has run out of funds. It's not able to procure. Linde is now out supplier for 18.22 MT: Adv Abhinav Tyagi

He says Linde has increased the rates of oxygen supply.

I don't have the funds. I'm supplying at old rates. They are saying you put it on hosps: Tyagi

Adv Anupam Srivastava says Senior Adv Rahul Mehra is before Surpreme Court and is urging if matter could be taken at 3:15 pm.

Court proceeds to hear the case.

If Linde is charging more and you say no you keep supplying at old rates, it is problem: Court

Everyone is coming to me for supply.. everyone is coming on to us. We have spent our own funds..I have no working capital: Tyagi

There has to be a flat rate for suppliers. They can't be changing the rules of the game today : Rao

Hospitals are having the same problem. We are running short: Rao

Court asks Rao to get in touch with Linde and "try and understand what the problem is".

Court ask Delhi govt to make immediate amends with respect to the hospital before it (Rescue Hospital)

Allocate oxygen: Court

Senior Adv Tushar Rao says there are news reports on nitrogen plants being used to make oxygen.

Chips and all use nitrogen packing: Rao

Somebody should do this.. if some of you can contribute by digging out this information. State also has limited man power at this point: Court

Max Hospital again says there is an oxygen crisis as it is not being supplied.

Inox says they have been supplying to Max.

Why have you not been supplying?: Court to Goyal gases.

Adv Rohit Ranjan: 50% has to go to UP. We're supplying 45 MT to different hospitals. We have already supplied as per allocation order to Batra Hospital.

Batra and LNJP (are in my list): Ranjan

Batra says they received oxygen yesterday: Counsel for Batra Hospital

When the second phase came, we informed Batra much in advance .. : Ranjan

As per allocation we are supplying: Ranjan

Inox supply has not come till date. 4 pm again we will face crisis. We are always on tenterhooks : Batra Hospital

All suppliers should follow the system. It's good for you also: Court

We only put extra stess on the system if they supply late : Batra Hospital

We don't want to bind you down to every min but you should say that the supply will be there at 5-6 pm.. : Court

Siddharth Jain for Inox: We supplied 2 MT to Batra yesterday. We supplied 24 MT to Max against 31 MT. Today we will start meeting the numbers because Delhi govt is getting the supply right

It's difficult to give confirmed schedules. We understand their pain : Jain

There is no jam. I find it hard to believe that your tankers are getting stuck somewhere. The exigencies are created because schedule is not made : Batra Hospital

I am also hyperventilating trying to serve 45 Hospitals. It's not our desire to not supply.. we welcome suggestions : Jain

Court suggests that a WhatsApp group be created with suppliers and their target hospital.

That brings in more transparency and accountancy: Court

That's an excellent suggestion: Jain

We will be able to match the projections starting today: Jain

There is real time tracking. Tankers are gps enabled: Rao

Aditya N Prasad suggests deploying pilot police vehicles for tankers.

Rescue Hospital name will be added and some allocation will be given: Delhi govt

Give the allocation early. How will the patients survive : Court

Three of my hospitals are on code Red. All my ambulances are running to Max Saket... nobody has stock for 24 hours. Nobody has stock for 6 hours. We're setting up plants. We've flown in plants from France : Max Hospital

It's just that land is there. It goes to parking. We're making applications to let us have multilevel parks.. so that we can augment things : Max Hospital

For larger hospitals, it should be mandatory to have oxygen plants. Had all hospitals had their own, there could have been something to fall back on. Unfortunately we are completely dependent: Court

Court asks Inox why Max was not getting allocated supply.

We have 85 MT supply. 17-18 is to Max. We service 45 Hospitals have 250 MT demand. Delhi govt couldn't organise the correct supply.. now they have. Starting today, we would be able to supply : Jain

You create these WhatsApp groups. It's our request to you : Court

Court asks some parties to exit to enable Air Linde representative to join.

Advocate Karuna Nandy raises concerns of people in home isolation who are turned away by hospitals when they need ICU beds.

If a patient comes to a hospital and is in need of a bed or an ICU and is turned away.. if they could qualify for domiciliary oxygen.. : Nandy

How will it work ? What about others? This means 1000s would necessarily be taken to a hospital to get a certificate : Court

All of us have been receiving calls.. even from unknown people. We've been using our offices to help. Bed is arranged and then they say no he doens't want a govt hospital: Court

It appears that .. it may be not be a permanent situation: Nandy

We hope so ...a lot of problems will get resolved (if oxygen supply is fixed ): Court

If supply is increased, people would be attended to. Things will settle down : Court

Orissa has come up with an efficient referral system... : Nandy

Rao: Centre has responded that Delhi 's request is 470.

That's perhaps where the error is: Rao

People in civil society say that we may need 50K MT in the whole month... there will be a huge deficit: Rao

Problem is the transportation it seems : Rao

Jindal is setting COVID facilities adjacent to its plant. So oxygen is piped : Rao

Rao suggests settings up a facility with oxygen plants in sport complexes.

Somebody has to step up and provide oxygen in the next week. Plants.. are long term : Rao

These are the issues that are being answered in Surpreme Court: Amit Mahajan

SG Tushar Mehta said that centre would give 200MT more: Stayakam

Satyakam apprises the Court of the Supreme Court proceedings.

Are you saying that they said they would give 200? : Court

Stayakam narrates the proceedings.

He said he'll do it : Stayakam

That's the bottom-line for immediate crisis : Court

Court asks about involvement of Army.

Stayakam says talks have been made with DRDO. Health dept is making requests for States on setting up machines. We will write to Centre. Give us two days. Our officers are down with COVID: Stayakam

Court informs about the petition with respect to lawyers..

There is some electricity issues with Dwarka hospital: Stayakam

You should look to operationalise : Court

They (Bar Council) need only for ICU facility.. they will manage doctors for mild patients..: Court

We will consider: Stayakam

Do it in 24 hours : Court

We want an answer tomorrow. We'll assemble some time tomorrow and deal with it : Court on opening the hospital in Dwarka

Senior Adv Tushar Rao again emphasises using mohalla clinics.

Amit Mahajan says there are machines that can test within an hour.

Senior Adv Krishnan Venugopal: They have not made a request to the army.. we need beds desperately.

I don't think Centre would come in the middle: Venugopal

Venugopal says there's an advertisement in newspaper to employ retired doctors, nurses.

Delhi govt may ask people to volunteer.. (for helplines): Venugopal

We've already passed that order.. : Court

I doubt if someone that age should come : Court to Stayakam

There's a chat on WhatsApp group. Dr Devi Shetty.. icu facilites are basically run by nurses. There are large number of nurses who have not been able to join the stream but they are otherwise qualified.. similarly for doctors who have done mbbs : Court

Justice Rao today in Surpreme Court made identical suggestion. SG Mehta has indicated that he would consider: Stayakam

Venugopal continues his submissions.

They've started the process of using dtc buses for the dead : Senior Adv Malvika Trivedi

Stayakam: Six of officers are down.. we will do it. This is a crisis.

These are suggestions where we cannot have an adversarial view: Satyakam

Adv Ankur Mahindro: there's no headway in testing. We can start with RAT at Mohalla clinics and mobile clinics.

Let's not stall testing: Mahindro

We are testing 70-80k.. we were testing around 1 lakh before the curfew. We were going to market places .. about 30k. That was reduced: Stayakam

This is not the final explanation. Court also asked about capacity. We have written to all labs saying we have not stopped tests : Stayakam

Then why is there 24-48 hour waiting: Puri

Mahajan also says that tests can't be done before two days.

We have placed a huge order but supplier is also down with COVID: Stayakam

Huge order of test kits*

Home testing is a big problem: Rao

Dr Lal turnaround time is 24-48hours+. Dr Dang has waiting : Rao

We should see there is a ramp up. There needs to be some education to say that you have to get out and get tested: Rao

There's no labs that's giving less than 2-3 weeks time: Tushar Rao

On RAT vs RT PCR, negative RAT has no value. We may miss quite a number of cases: Batra Hospital ED

Atleast those who test positive we know: Court

Rakesh Malhotra says there's CB NAT and TruNAT tests but they are expensive.

Labs are losing interest because of price cap. Delhi govt has not paid them (for the samples sent by them): Malhotra

D Dimer test kit also not available, Malhotra

Adv Kamil Khan says now Mohalla clinics are only doing 50 tests.

Court asks about allocation of cylinders imported from USA.

Officers will get back of oxygen concentrators : Arora

Seth Air: I'm not able to handle the allocation.

Linde MD is down with COVID. Counsel also has COVID: Rao

Linde is stocking it here from other sites. There is delta on transportation. Manufacturer says if you pick it up from Jamshedpur, we will give for 15.22. otherwise, it's 25: Rao

Seth is saying it doesn't have the means to pay. It's a monetary problem not a supply problem. Someone can underwrite this : Rao

Seth should be allowed to pass it down : Court

Somebody has to figure it out : Rao

Tankers should not be held up : Rao

We'll record that it will have to be ultimately absorbed by the Hospital and then by the customer.. in the meantime you continue. I will pass an order that we will fix : Court to Seth Air

We are going to collapse. We are not able to supply: Seth Air

Now I'm supplying 37MT only to Delhi. Earlier I was doing total 16 MT. Some new refiller has to come in. The system will collapse : Seth Air

Army came in saying our jawaans are dying. We have and then couldn't supply to Delhi : Seth Air

If Delhi govt can give us the funds and take it on them.. we are wiped out. We can't take another consignment: Seth Air

I've worked my way up.. you can't double by capacity and then it was suggested that it was in black market. I have to prioritise everyone. Harayana government is also coming to me : Seth Air

I have one 3MT truck. I can't be expected to supply 37MT : Seth Air

Court asks Delhi govt to consider.

Adv Muralidhara for Linde, who is in hospital due to COVID : additional charges are because of transportation.

You appear to be justified. You have to supply..the situation is that we desperately need oxygen on ground. Please don't insist that you have to get it today: Court

Let it remain at old rate and let Seth pick it up. You are a much bigger player than Seth : Court

They can pay later. I'll ask to give some credit period: Linde

I can ask my clients to release consignment on 25.22 invoicing : Linde

I paid 10 lakh yesterday. I paid 10 lakh today. I am wiped.. if my bills are cleared I'll get some money.. hospitals should pay my bills and Delhi govt should clear my bills : Seth Air

It's ultimately your business: Court

Then I've to ask for loan. I'm in your condition: Seth Air

Delhi govt outstanding is 12 lakh. I'll get a clear picture: Seth Air

Adv Varun Singh mentions another writ petition on migrant labourers.

We'll send these petitions to Justice Manmohan's Bench. We've too much on our hands: Court

Senior Adv Rahul Mehra: The matter was heard at length.. presentation was made by Ms Dawra.. I think there are going to be directions in the interim. They heard me..

They have now asked the two Amicus ...all.petitions to be rooted through them and if they can be heard by HCs.. indication was given by SG Tushar Mehta that he has something in mind (on Delhi supply)

Indicate what and where: Court

The Solicitor has spoken to the Officers. They said there's no dearth of oxygen. Also that if there is a request, they will have no problem in looking into it favourably: Mehra

Surpreme Court said given them 700MT and make sure it arrives in Delhi : Mehra

Justice Chandrachud said 4-5 very critical things : Mehra

They said Centre has a very pro active role.. irrespective of Delhi's capacity.. : Mehra

He narrates the proceedings and observations made by Surpreme Court.

We take it that Supreme court order will take care of these aspects? : Court

Mr Mehta can make a statement when it will happen: Mehra

All these have been dealt by Surpreme Court: Amit Mahajan

Mehra insists that SG Tushar Mehta may clarify.

The entire Delhi govt machinery will do everything in power to deal with problem of common man : Mehra

Solicitor General Tushar Mehta: I'm amazed that he wants me to spell out now.

Supreme Court has suggested something and I've agreed. It's in the direction of solving the problem: Tushar Mehta

Let order of Supreme Court come. We'll hold a hearing tomorrow.. if something needs to be done : Court

I responded in good faith. I don't think anything will be in order: SG Tushar Mehta

Court says it should also know.

If you're doing something, it'll save time in dictating order.

By when ? By when is it expected? Whatever it is : Court

Tusshar Mehta says he's not available tomorrow.

It's straining the whole city: Court

Mr Mehta has given an assurance (to Surpreme Court). If he can do it at his end, it's not adversarial: Mehra

If Mr Mehta can please indicate today tomorrow if Delhi is going to get as demand :Mehra

Tushar Mehta suggests having oxygen issue on Monday and rest may be taken up tomorrow.

Court begins recording the order.

Court records the submissions made Mehra and Solicitor General Tushar Mehta.

Accordingly, aspect of allocation of oxygen if needed would be looked into on Monday: Court

Need won't arise: Tushar Mehta

Supply lines from Inox..they are just not supplying: Mehra

We took up the matter.. Jain and Goyal gases have assured that henceforth they will make the supply: Court

This is just to indicate what is going on..there will be complete collapse: Mehra

We need to keep this in mind that these were voluntary deliverables: Mehra

Mehra shares supply data with respect to 5 hospitals i.e. 4 Max and one BLK.

Supplier for all us Inox...I said Inox are the best in the industry.. but all others are delivering better than them: Mehra

Either it is being black marketting or it is something else: Mehra

I shudder to think what is happening to others (smaller hospitals): Mehra

How can hospitals work with erratic figures: Mehra

Mr Jain, where is it going if not to hospitals: Court

I'm shocked to hear the allegations when the entire fault lies with Delhi Govt: Jain

Jain says Delhi govt changed supply chain like pizza delivery.

Jain shares his data.

There is no product.. there has been a shortage: Jain

We are picking additional 80MT from Air Liquide. We would now be able to honour the commitment because now we have the quantities: Jain

Jain shares his data on supply to hospitals.

Avg supply is 163.2 for three days: Jain

Today we will deliver full 165..this data is already with Delhi Govt : Jain

Yesterday Delhi govt removed two hospitals from our quota. GTB and Rajiv Gandhi: Jain

All our supplies are now normalised: Jain

I think two hospitals that were taken off..I facilitated for him now to turn around and say Delhi govt changed order.. : Mehra

What's gone is gone: Court

Mehra says it needs to be done 100%.

That he's undertaking: Court

It's not in the interest.. : Mehra

Court says except for Inox and Goyal, no other supplier is present.

Mehra makes submissions with respect to Seth Air.

Justice Sanghi faces connection issues.

Justice Rekha Palli tells Mehra that Delhi govt must continue to take care of individuals needing oxygen.

Justice Palli asks Mehra to look into the issue of involvement of Army.

Seth is a very critical link. I get SoS calls. Till Seth was there. He used to manage. Ever since we have taken over, he was completely left it to us : Mehra

We passed the order because he wasn't supplying : Court

His horoscope for the day was bad : Mehra

Court may consider recalling the order : Mehra

We didn't want you to operate: Court

We've said he will run it under supervision: Court

Words are Delhi govt to take over: Mehra

Another hospital says Seth should be directed to maintain arrangements and not be allowed to lift micro cylinders.

Mr Mehra, we will lift it on your submissions: Court

Court begins recording order.

We make it clear that we had not directed that the operation be done by GNCTD. We had infact observed that plant be run by Seth Air.. in any event, in view of submission, we suspend the order: Court

Court says Seth Air will be supervised like all other plants.

Amicus Rao points out that Seth family is indisposed and doens't have funds.

He has to ensure that he can run it: Rao

Sanghi points out the issues raised by Seth Air.

If all three (Linde, Seth Air and Delhi govt) can sit down and if Delhi govt has to take some costs on itself: Mehra

Linde is ready to take the lesser amount for time being and rates be fixed by the authority: Court

Rs 1 crore 10 lakh is pending with hospitals: Seth Air

This is something you have to address: Court

Mehra says he will facilitate a meeting of concerned persons.

We can take these issues offline: Mehra

Alok Aggarwal for Maharaja Agrasen: one of our main vaporizer is not working.. if govt can help us with some technical assistance.

Please take this offline: Mehra

Venugopal says the Delhi govt could consider using hostels for quarantining doctors, nurses on COVID duty.

Suv can be fitted to work as ambulances: Venugopal

Venugopal urges authentication of data on Delhi fights corona portal.

Thai being done : Rao

This is*

It doens't give actual true picture. Single bench went into it : Puri

All these individual requests are thrown at us last minute...if they could be rooted through the amicus : Mehra.

We'll also assist : Stayakam

It could be improved.. direction came two days before. But website is there: Rao

We've filed an affidavit today.. suggestions are being looked into: Adv Gautam Narayan

If it's only a statistical exercise, we know what the ground situation is.. if we can have an interactive platform where people can book.. otherwise it's all.. : Court

It depends on data collection at the end of nodal officer.. affidavit has been filed: Narayan

If it's being once a day or twice a day, let it be that way.. : Court

People are scrambling for beds...if they are lucky they get it .. either we come with a system where you have online allocation but patient has to be first seen. Doctors need to assess. You can't do it online : Court

In Bombay, municipal corporation is going door to door and doctor will make an assessment and pick up a patient if he needs hospitalization: Court

We can't do that it Delhi and it's too late to evolve that system.. it's a complete hotchpotch. Let's not even look that way : Court

Today we are not even looking at those issues (medicines etc) because we are on the first (oxygen): Court

Patients can't be made to turn around..that direction has come : Mehra (in case of barricades)

Court records submissions made by Seth Air.

Court records submissions by Linde.

Let this aspect be resolved by holding a meeting between Seth Air, Nodal officer and Mr Mehra. Other refillers be also taken on board: Court

In the meantime, Seth Air should continue to supply lest it effects lives of those in hospitals: Court

Gap has to be passed on to hospitals and to patients. That we can't get in : Mehra

Mr Mehra says dues of Seth Air will be cleared at the earliest: Court

He's saying even the two tankers at Linde..he doens't have the money: Court

If it's a genuine problem, I'll personally take care of it. I'll try and talk to the highest officers.. : Mehra

We hope and expect hospitals to clear the dues so that the supply chain is not disrupted: Court

An advocate raises issues of rates of treatment.

We'll come to treatment later. First get treatment: Court

Court asks Mehra to look into using nitrogen plants.

They are looking into it : Rao

Court records submissions of usage of nitrogen plants.

As advocates mention matter, Court says it was not going to pass orders in individual matters.

What happens to others who can't come to court: Court

List all individual petitions and applications tomorrow: Court

Court issues notice in Bar Council matter.

Court records that Delhi govt would come back with instructions tomorrow.

Mohalla clinics are very small .. entry and exit points are also not conducive: Mehra on using mohalla clinics

Mehra says SDM offices would be explored.

Which hospital is not rushed? : G Tushar Rao

Court records submissions.

Mr Mehra states he would take instructions and get back on Monday : Court

Submissions with regard to scaling up RAT in addition with RT PCR in mobile vans in containment zones and hospitals.. GNCTD shall examine the said aspect: Court

Mehra says issue of Rescue Hospital be taken up on Monday.

How do we give additional oxygen and whom we take out from.. : Mehra

So you ask them to shut down : Court

Court records order.

We direct nodal officers of GNCTD to examine the aspect..: Court

Late evening there was a bed in Sadarjung.. but my friend had apprehensions on shifting..in that gap, somebody very very serious was attended to.. situation is very very tight: ASG Chetan Sharma on arranging a bed for a colleague

Try and sort it out : Court

Court records further submissions made by Venugopal

Adv informs his relative haa expired so no more efforts need to be made.

I have failed : Adv

The State has failed : Court

This is one story we are hearing. There are so many others.. Centre has to step up: Rao

We may record our complete helplessness in the situation. State has failed.. to protect Right to Life of citizens: Court

Court records submissions made by Venugopal.

Let GNCTD look into the suggestions and report: Court

Court records that Adv Aditya N Prasad has converted his car into ambulance, and GNCTD officers may get in touch with him.

Court records other submissions made during the day.

Somebody (from Centre) may clarify that the remdesivir that is not being exported, is to be diverted : Rao

Mr Mahajan shall take instructions and report : Court

We'll take up individual matters tomorrow: Court

95 people are on death beds. There is no oxygen: Adv Himanshu Dagar

You'll have to go to the Nodal officer and sort it : Court

I'm there on the chart. : Dagar for Gandhi Nursing Home

We have been trying to contact... there is no response..God knows who is going to die next. Hospital is running pillar to post : Dagar

If allocation has been made, you have to supply no: Court

I'm speechless. We are only following it up. Whenever there is buffer, we supply.. we don't know what to do anymore.. : Mehra

We don't even have a single cylinder: Dagar

Mr Mehra, please find out: Court

None appeared for other suppliers expect for Inox and Linde : Court records their submissions

We have suggested that suppliers make a WhatsApp group with hospitals and pist timing of supply and share gps location of tankers: Court

Mr Vijay Bhidhuri is joining : Mehra

Query is put to Bhidhuri on allocation to Dagar' s hospital. .

Since Bhidhuri is unable to join, he briefs Satyakam through phone.

We'll keep this matter tomorrow. You sort it out in the meantime : Court

Issue notice.. explanation be placed tomorrow why allocation order was not adhered to : Court

Supplier is directed to remain represent tomorrow: Court

Mr Dagar will give me a call.. : Satyakam

We'll take up the matter tomorrow at 11:30: Court

Hearing over.