Thread by @barandbench

[Saturday Hearing]

Delhi High Court will shortly begin hearing in a batch of petitions concerning #COVID19.

Issues before High Court include hospitalisation, oxygen supply and availability of medicines.

#CovidIndia #OxygenShortage
#DelhiHighCourt

@CMODelhi @MoHFW_INDIA

Hearing will take place before Bench of Justices Vipin Sanghi and Rekha Palli.

#CovidIndia #COVID19
#DelhiHighCourt

Hearing begins.

#DelhiHighCourt #COVID19

#CovidIndia

Adv YP Singh: My writ be listed today. It is for Indira Gandhi Hospital in Dwarka.

Let it be listed: Court

Adv Viraj Gupta mentions matter.

There are 12 incidents of political parties having remdesivir.. they are involved in black marketing: Gupta

#COVID19

You bring it on record: Court

Batra Hospital's Executive Hospital: We are left with an hour of oxygen.. Delhi govt sent a tankers. Inox are Goyal are saying they will supply (in the evening). 230 patients are on oxygen support. Since 6 am we are on SoS mode. We are dealing with the same crisis

We are running out of oxygen. Supplier are saying they are doing their own work. The WhatsApp group does not work : Batra Hospital

Senior Adv S Tushar Rao mentions that even Bhagat Chandra Hospital is in a similar situation.

Supply cycle is such that we are in crisis mode every day for 3-4 hours.. now we are dependent on govt everyday. It's a never ending cycle : Batra

#Oxygen

This firefighting will have to go on.. nodal officers are there.. to bridge this gap : Court

#OxygenShortage

Maharaja Agrasen faced a similar problem and it was only because of Mr Mehra that lives were saved : Adv Alok Aggarwal

Today on SoS basis, Delhi govt really helped us out : Aggarwal

#OxygenShortage

Aggarwal suggests a mechanism be put in place to let hospitals know the time of delivery.

If we know oxygen is coming at 5pm, we are responsible enough to manage: Aggarwal

Aggarwal shares a chart.

Senior Adv Rahul Mehra for Delhi govt says the chart may be shared with Delhi govt.

Quantity on Delhi border is 312 MT...there is absolutely no reason to allow supplier to do this now. These are voluntary projections by them. They seem to be diverting it to some other State under some pressure. At least we should be reaching to 490. We are falling down: Mehra

Our rankers are not given priority. There is no timing, schedule given to us. We are dealing in SoS even today. My officers will have a mental breakdown. A morally conscious person does what best he can. This can't be permitted: Mehra

They need to pull up their socks and voluntarily deliver.. they wanted to give as 445MT.. there is no dearth of tankers now : Mehra

77.283 is in transit ..this is for April 30th. So probably it is delayed. Ideally it should have reached: Court

Every delay may cause a life to be lost : Mehra

#Oxygen

This is as good as killing patients : Mehra

#OxygenShortage

Adv Aseem Chaturvedi for Inox is present.

Yesterday against alloted 37, Linde supplied 27...today it will only be 10-12 MT : Seth Air

If we can have the suppliers here..I have only 20MT for SoS : Mehra

Adv Rohit Ranjan for Goyal Gases.

Yesterday I supplied 56MT. And 6 MT as cylinders. We're doing beyond.. : Ranjan

That's good : Court

I hope every supplier will rise to the ocassion and supply more than their voluntary commitments : Mehra

Core problem is distribution .. there is enough oxygen: Amit Mahajan Adv for Centre

We are not going to hear you say what is coming is good enough: Court

#Oxygen

Lawyers are willing to help. Court can attach a Commisioner : Mahajan as he says that Delhi govt officers are also over stretched

We leave it to Mr Rao. He may do that : Court

Rao points out that up to date info from suppliers is still not there.

Rao empshises that the WhatsApp groups should be created for this purpose.

In the next half and hour, group will be in okay : Mehra

If would be better if supplier and the hospitals on route are part of the group... According to the tankers... having a large group serves no purpose: Court

Court says groups should have nodal officers.

We leave it to Mr Rao if he wants to be added : Court

We will step in to ensure that that it is created...: Rao

If oxygen supplies improve, large chunk of problems will get resolved : Rao

Rao suggests that hospitals also indicate the SoS requirements.

Batra Hospital ED reads messages from the WhatsApp group with supplier

This is not a matter of distrubing someone of WhatsApp group: Batra Hospital

We are seeing everyone's difficulty..this system may take some time to stablise. Give it some time. If you keep on having exchanges, that man is also stressed out. Try to be more accomodative in that sense: Court

We are all having to go through..if govt has some stock, they will help you tide over: Court

We want to know why suppliers are defaulting: Court

In the war room.. maybe Linde be communicated through the war room.. if Mr Mahajan would communicate: Mehra

Let theses issues be raised from your end: Court

We'll issue some advisory or order : Mahajan

Chaturvedi: yesterday we agreed that two hospitals will be taken care by Delhi govt.. Today morning I've been told that the hospitals have to be back to us.

My quota they are increasing from 80 to 100MT..: Chaturvedi

Chaturvedi says there is no coordination and the allocation is uncertain.

How can I match that? Then I've to deal with the (state govts delaying my trucks).. allegations are not in the correct spirit. I've taken more than I can chew. Problem is not that I'm not delivering. SoS is because they need much more : Chaturvedi

I will supply whatever I can. I only have truck drivers that are ferrying day in and day out. Let someone from Central govt be part of the group. Yesterday my truck was stuck in Haryana. There are many issues : Chaturvedi

The allocation can't change everyday: Chaturvedi

I don't have endless supply and people. I don't have free trucks: Chaturvedi

Yesterday Lady Hardinge and Safdarjung said give me 2X. I refuses. I will break my back : Chaturvedi

We have run out of oxygen for patients on ventilator: Batra Hospital

Mr Mehra, please rush immediately: Court

#Oxygen #OxygenShortage

Mehra says allocation was changed due to incompatibility issues between supplier and hospitals.

We were forced to go back to the original tankers : Mehra

Now you have these two Hospitals. Is there a capacity constraint? : Court

Yes. I don't have the capacity or buffer. If one truck is delayed, there will be a Domino effect: Chaturvedi

Difficulty is if Air Liquide and the govt concerned is informed or what about picking up the additional quantity of oxygen: Chaturvedi

Rao asks if the two tankers given by Delhi govt to Inox are compatible with the hospitals.

Mehra says Inox will have spare parts in case the tankers are not compatible.

I don't have information about these tankers. Maybe the hospitals have been informed: Chaturvedi

A lawyer again suggests that court commissioners be appointed.

Too many people spoil the broth. These people know their job : Court

There seems to be some communication gap. Please sort it out : Court

Senior Adv Krishnan Venugopal makes submissions.

Issue is we have info that 100s of oxygen concentrators are lying with customs with Delhi...these are not being released despite a notification by GOI : Venugopal

What is exempted is import duty. Cgst aspect is also there: Rao

There are very large numbers of cylinders and concentrators coming in from people abroad.. how is it to be allocated.. if a direction could be given to place some kind of modalities. So that these are coming into the black market: Venugopal

These are not coming into the black market*

Can Delhi Govt respond on having field hospitals with the help of the army : Venugopal

We're coming up with 15k beds. But we need 956MT : Mehra

I don't know why Delhi govt is resisting army: Venugopal

Your point is taken : Court

We are not resisting. We have DRDO: Mehra

We have ITBP. We are writing. We are in the process.. : Mehra

If you were to request the army, they would work at their own level. They have their own infrastructure.. they are also importing oxygen. They will take that responsibility: Court

Looking at the past 10 days we don't know if if (900+MT) would fructify: Court

At the highest level, our Delhi is looking into it : Mehra

GOI has issued instructions to every formation commander that they have to assist civil authorities: Venugopal

This is being done at the highest possible authority: Mehra

Why should it take four days? : Court

15k beds are in execution mode. Everything will be done. We are engaging at the highest level: Mehra

Court discusses the power given to army by the GOI.

This augmentation could he a collaborative effort with the army so that resources are not wasted: Court

I bow down: Mehra

It's not either or. We can do it together: Mehra

Critical problems are oxygen, beds and medicines. Given that court is seized of the matter, any issues/suggestions could be sent to us : Rao

There are several Petitions on individual concerns. We either dedicate a nodal officer.. : Rao

Every citizen should not think that this is a channel.. in a given case if we are able to find some bed somewhere.. these three petitions, the court may disposed of : Mehra

For two persons before court, no beds are required. One person got the bed and other is being managed at home: Counsel

I want to thank Mr Chetan Sharma. He was really helpful. He helped us get a bed : Adv Sachin Puri

He was the father of a court master : Puri

If one could have been arranged yesterday... : Senior Adv Tushar Rao

Mr Sharma tried whatever he could : Puri

We'll take care of it.. : Mehra with respect to another person seeking bed.

Court proceeds to dispose of pleas seeking hospitalisation.

We take every SoS call very seriously. One Gandhi hospital had come yesterday. We tried to contact my officer.. ever since then he was trying to get details of Gandhi Hospital: Mehra

Mehra points out that the hospital's claim that no cylinders were received in the last 48 hours was not true.

Not only are they going to main refiller but also going to the link .. they are going everywhere and then crying foul: Mehra

Adv Himanshu Dagar: We were approaching the link because we lost 2 people day before and one yesterday... They were running pillar and post. They didn't inform me they were in touch with the link

You made a wrong statement. Because you got it from (one supplier) : Court

I was not able to contact the main person: Dagar

How is that the right hand doens't know what the left hand was doing : Court

150-175 is our requirement. We get 50-60. Yesterday my truck went to Haridwar.. there is no gas in Multan and Bhawana.. : Dr Pawan Gandhi

We know you don't have oxygen. Nobody has oxygen: Court

You raised a hue and cry.. which is found to be false. We will not hear you because you did not come with clean hands. Rationing is there because it is shortage: Court

There was miscommunication. My aim is to not blame...I have few suggestions. Wherever oxygen is in surplus.. it can be sent. Patient shouldn't die due to lack of oxygen: Gandhi

We're looking at that: Court

Our intention is not to fight nor do we have the capacity to fight: Gandhi

He says he has received less than the allocation.

Because of the mistake, patient should not suffer: Dagar

These are crucial hearings and time should not be wasted like this : Mehra

Mehra reiterates that Delhi itself doens't have oxygen to give.

Unless we put the fear in supplier, they will take the city on ransom. Please issue a contempt notice : Mehra

We will ask the Amicus to talk to them.. to understand what the problem is. Where they have defaulted : Court

Suppliers are blaming the govt. Govt has its own problems.. hopefully by Monday we will streamline it : Rao

Linde says they supplied 1.77 yesterday. There seems to be some gap. That WhatsApp group will clarify.. : Rao

They're taking it very causally. They think they can come to court and say whatever to tide over it : Mehra

He's painting entry supplier with the same brush.. : Goyal Gases

We said thank you to you. What more can we say : Court

There are nodal officers of govt. It is best that the job is done by them : Court on Venugopal's suggestion to appoint an officer of the court

Justice Palli suggests that Adv Amit Mahajan be added to the WhatsApp group on behalf of Central Government.

Mehra comes to the issue of an Inox tanker which was held up by Rajasthan.

Why Inox is helpless is before his tankers have been detained.. it seems that Centre has agreed with the Rajasthan Government. Resources are also being diverted: Mehra

This should have been communicated to the court: Mehra

I still don't have those tankers. That matter was discussed before Surpreme Court. Dr Singhvi was here: Chaturvedi

Mehra says Supreme court asked them to come to High Court.

Mehra suggests there is tacit agreement between Rajasthan govt, Centre and Inox.

This is absolutely discouraging: Chaturvedi

We don't see any reason for you to blame Inox: Court to Mehra

You said this is the stand of Central Government in the war room. may be Inox is not even aware of it. You are a part of the war room: Court

You should be aware before Inox becomes aware. Why blame Inox? : Court

We'll put it to Mr Mahajan. That day Mr Mehta said Central Government will have it resolved: Court

Dr Singhvi didn't press it. He said it has been resolved: Rao

Court reads the order passed in relation to Inox trucks being detained in Rajasthan.

Central govt was tk resolve it. Why am I being blamed: Chaturvedi

Court records order.

Court records the submissions.

We had noted the submission made by Inox in order dated April 26 in this regard.. Mr Mehta had given an assurance that strict action would be taken and tankers are free : Court

We had hoped that Rajasthan would honor the Centre's and this Court's statement: Court

Court records Mehra's submissions on the stand taken by Rajasthan in the war room.

Let this aspect be addressed by the Central government on Monday. Mr Mahajan .. : Court

Seth and company has declined to supply. Two hour supply is left : MD City Hospital.

You communicate to Mr Satyakam: Court

Court resumes dictation.

Mr ASG Sharma, this is serious. What is the point then? : Court

We are not privy.. The Solicitor's statement is reiterated: ASG Sharma

Let necessary steps to fulfil Mr Mehta's assurance be taken. We are directing you : Court

Court seeks compliance be given: Mahajan

This is centre's problem. The Solicitor made a statement before us. Why should be call State of Rajasthan. Those four tankers or something in place has to come..what is the sanctity of statements.. : Court

Inox reiterates that it doens't have the capacity to meet the demands of the two Hospitals -- Guru Teg Bahadur and Rajiv Gandhi, says adapter to make tanker compatible has been given.

My staff will be ready. But I can't take this additional burden of 30 MT: Chaturvedi

If the Amicus can try and resolve this issue : Mehra

Let Mr Rao examine it. Once he intervenes, some resolution has to be with consent: Court

Senior Adv Malvika Trivedi raises issue of medicines

If govt can tell us if portal will be put in action: Trivedi

She seeks a mechanism for individual use.
#Oxygen

16 MT is set aside for individuals needing oxygen: Mehra

It has to be communicated. Hospitals won't know : Court

We'll put it on the website also : Mehra

There is some availability.. orders are issued to authorities. These orders should be put up on Delhi fights corona website: Rao

All orders will be put in one folder: Mehra

Your orders have to be properly indexed : Court

My hospital is willing to buy an oxygen generator. If the Amicus can sit with all hospitals .. : Aggarwal for Maharaja Agrasen

Hospitals are either run by charitable trust or doctors.they may not have a wherewithal. If we can do it collectively.. we will reduce substantial burden: Aggarwal

Court asks Aggarwal to work it out amongst themselves.

We don't want to burden the Amicus with everything: Court

If you need permission from Delhi govt, you tell us: Court

We ran out of oxygen. Supply can at 1:30. We were out of oxygen for 1 hour and 20 mins: Batra Hospital

We hope no lives were lost: Court

We have.. including one doctor. My apologies: Batra Hospital

We wish you raised it with Mr Mehra before you raised before us : Court

We did .. not blaming anyone. We escalated..: Batra

Court says hospitals are bound to have essentials like a oxygen plant.

This is irresponsible..It's a different matter that nobody could have contemplated .. : Court

Another hospital raises SoS.

At 11 am oxygen cylinders were refilled.. : Adv Jawahar Raja for Delhi govt

They are trying not shift patients to another hospital: Adv Siddharth

Till 12:30 today I had not received anything: Anjali J Manish for the hospital

Court records order.

Hospital in question is NKS Super Speciality.

Let the position be verified: Court

Court records order in Gandhi Hospital matter.

We wish that such false claims are not made in these times when we are toiling with several issues ..: Court

This application is disposed of with a warning to the hospital: Court

Court begins to hear Bar Council matter.

I'll just take instructions: Mehra

We have been informed about the existing beds. We would like to know..a non ICU bed should come into circulation. We would like this info from all hospitals..who were kept from April 1 and for how long : Court

This info govt also has : Mehra

Mehra refers to an April 25 order by Delhi govt.

Mehra points out the discharge policy for COVID patients.

This is being violated. If court can call for record.. I fear .. without attributing anything to anyone. If a patient goes in, he is kept in. There is no danger of transmission after 10 days if he's not a serious patient : Mehra

What is happening probably is .. how many days is the turnaround time? It is far in excess of 10 days, in the range of 20-25 days...: Mehra

There is a three tier step down policy. If you are in ICU and you recover, you are stepped down to oxygen bed and then to a linked hotel and then back home. Similarly there is step up: Mehra

10% would need beds every day.. approx 2500. 250 would need an ICU. Unfortunately, we know the mortality rate is also high. Because of that and otherwise, beds are going to fall vacant: Mehra

Recovery rate is also very high. 95%. Where are the beds: Mehra

Then why is it chocking: Court

Some doctors have this tendency.. some people who feel that treated patient is better than a new person. They are also human beings. Could be a combination of all of these: Mehra

If this could be diverted to Mr Kawaljeet Arora.. all data can come from Medical superintendents : Mehra

Rao says if Delhi govt can retrieve data from their portal from the last one week.

Court says daily admission and discharge data should also come on the portal.

Mehra shares an order by LNJP asking discharge of patients have more than 91% oxygen saturation.

Court dictates order.

Concern is raised before us about optimum utilisation of ICU and oxygen beds..: Court

From what has emerged is.. it is well known that one who gets COVID, takes about 10-14 days ro recover in normal course.. about 10% require hospitalization : Court

1% may require greater intervention and admission to ICU. Mr Stayakam states that in Delhi, there are total 20938 beds for COVID19 as on date: Court

Looking to the aforesaid number, every day a substantial number should become available. But that does not appear to be happening. Patients require hospitalization with oxygen support should normally be in a position to leave within 8-10 days subject to the condition: Court

Unless it worsens and requires ICU, in most cases, COVID resolves itself in 10 days to two weeks with medicines: Court

However it appears that there is chocking of beds .. Mr Mehra has drawn our attention to an office order by DGHS on revised discharge policy: Court

Court records the submissions made by Mehra.

This transition ...it is not clear if it is taking place: Court

Court records the LNJP order on discharge of patients.

Looking to the grave dearth and shortage of beds.., we consider it necessary to have this aspect looked into.. considering allegations of malpractices: Court

We direct of medicinal superintendents of all hospitals to place by email the complete particulars of admission if COVID patient from April 1. It should also reflect the position on kind of bed occupied and date of discharge: Court

Information to be sent to Secretary, DSLSA : Court

Information to be given within four days. Report to be placed before court by DSLSA after analysing the data : Court

Rao says data may be called only for people who have stayed beyond 10 days and that the present order is not to ask hospitals to discharge.

10 days and beyond and why: Mehra

If some hospital were to report that they don't have any person beyond 10 days...: Court

Then we'll verify : Rao

Rao says excess work will add to their work.

Let us call for those who have stayed more than 10 days with reasons and number of daily discharge and admissions: Court

Adv Aditya Prasad says asking for reasons would add more work.

Court directs hospitals to provide info on daily admissions, daily discharge, number of patients beyond 10 days and bed being occupied by them, from April 1 onwards.

We'll ask the info to be sent to you only, Mr Rao : Court

Let order be communicated to all for compliance. Info to be given latest by Tuesday. We'll take it up on Thursday: Court

We direct GNCTD to update portal forthwith with regards admissions and discharge..it should be updated every day without fail : Court

GNCTD should bifurcate COVID beds into oxygen and non oxygen beds : Court

We're working on it. We'll come back positively (to take care of the need of Bar Council): Mehra

We need only in case of emergency. We have arranged everything: Senior Adv Ramesh Gupta

He wants to respond on Monday, Mr Gupta: Court

Senior Adv Ramesh Gupta is for Bar Council of Delhi..

Adv YP Singh: In Dwarka, many lawyers are residing. Not even single admission is taking place. We are getting calls from court staff. Our judge was not admitted by Venkateswara Hospital in time..

We are in the last leg for Dwarka hospital.. : Mehra

It will take 3-4 days. We are trying to expedite it : Mehra

As and when oxygen gets sorted.. we will augment the beds : Mehra

We will place a detailed status report : Mehra

Bar rooms and cafeteria can be used for vaccination of lawyers: Gupta

There are no vaccination for Delhi right now. Whatever is required to be done, we will try : Mehra

The entire problem is shortage of beds because of oxygen or whatever.. in Pragati Maidan we can accomodate those who don't require oxygen: Adv Ranjan

Then why should stay at home : Court

Some are alone: Ranjan

Radha Swami is lying vacant... CWC ...DRDO: Court

Beds are available for patients who don't require oxygen: Court

Kindly leave it to be government to consider: Mehra

You put it to Mr Rao. He will filter it : Court

Pushpawati Hospital is running out of oxygen. They don't have refilling cylinders.. we have tried everything on our end : Adv Prabhsahay Kaur

Something needs to be done. Now I'll have a nervous breakdown: Mehra

Kindly see what is going on... I've exhausted my arguments: Mehra

Let the Solicitor be here.. we'll see on Monday: Court

#Oxygen

Seth Air says it hasn't received any oxygen and hospitals are calling it.

My supplier is Linde : Adv Abhinav Tyagi

Even my supplier is Linde : Kaur

Linde is only catering to Haryana. Delhi has been put on backburner: Mehra

Mr Mahajan says he is not privy to what is happening in the war room.

Linde has to explain: Mahajan

But you made the allocation. It falls on you. You have to do it now : Court

You must get it resolved ..right away : Court

We are telling you to get on it right away. Escalate it to Me Goyal..that Linde is not supplying to Seth or PSRI : Court

Tyagi says raw material couldn't reach them.

Central govt will have to find some way..the issue is tankers and turnaround time : Rao

Mehra urges Centre to not color his statements politically.

Rao says Delhi govt is short on tankers.

All I've seen for 10 days is ego, ego, ego against lives : Mehra

Court records order.

We have directed Mr Amit Mahajan to forthwith take up the matter with the officers of central government.. to ensure that allocation of central government from Linde and other producers are honoured: Court

He should take up the matter right away and report instructions : Court

Rescue Hospital says it has been alloted a supplier which is not functional.

After intervention, we were supplied cylinders that would last till 5 pm...only doing paper work will not work : Adv Om Prakash

Change has been made : Delhi govt counsek

Court records submissions in this regard.

Mehra points out that the suppliers are not appearing before court.

They don't take court orders seriously and they don't supply: Mehra

Please direct them to have their counsel here.. each of them: Rao

Looking to the problems being faced.. , we direct counsel for all suppliers to remain present during all hearings: Court orders.

We have an SoS from my officer. From yesterday night, situation is worsening.. there is no or less supply. We have sos from all hospitals but no reserve: Mehra

We don't know what is going to happen in the next few hours. We don't have oxygen: Mehra

#Oxygen

Court records the submissions made Batra Hospital.

..For a period there was no oxygen and due to which 8 patients died : Court records.

Court records the submission by Mehra.

There is no supply or minimal supplies that is delayed : Mehra

We direct Centre to ensure that Delhi receives its 490MT oxygen supply today by whatever means.. Delhi is not an industrial state..it doesn't have cryogenic tankers : Court

It falls on the Central government to arrange tankers as well .. as it only remains a paper allocation. The allocation to Delhi has been in force from April 20 and not for a single day Delhi has received allocated supply: Court

#Oxygen

If order is not implemented, concerned authority to remain present in Court on the next date of hearing: Court

We may even consider issuing contempt proceedings: Court

#Oxygen

Court issues notice in the plea concerning Indira Gandhi Hospital in Dwarka.

Water has gone above the head. Now we mean business. you will arrange everything now : Court tells ASG Chetan Sharma

#Oxygen

ASG Sharma: It is my request that... everybody is stretched..

You made an allocation. You fulfil it : Court

Issue is pending before Surpreme Court: ASG Sharma

Don't tell us that. Eight people have died..will we shut our eyes to people dying in Delhi : Court

Could the court hold it for half an hour : ASG Sharma

No. Enough is enough..who is asking for a dime more than alloacted: Court

Situation is dynamic..: ASG Sharma

We'll see your explanation on Monday if you can't supply: Court

Don't do this, Don't do that. We don't appreciate this. This is a new way of arguing that we are seeing: Court

Aspect on increase of allocation was kept for Monday: Court

If the matter could be deferred by half an hour..Mr Goyal and Ms Dawra will be here: ASG Sharma

Court refuses.

The court will feel completely assured.. centre is doing maximum.. Contempt part will discourage..: ASG Sharma

Bench is not here : Counsel inform

Court master asks counsel to wait.

All matters listed for Monday: Court master

Hearing over.

"Water has gone above the head, now we mean business:" Delhi High Court directs Centre to supply 490MT oxygen to Delhi, warns of contempt action

report by @aditi2118

#DelhiHighCourt #OxygenCylinders
#CovidIndia

barandbench.com/news/litigatio…

Delhi High Court directs Central Government to ensure supply of allocated oxygen to Delhi.

It falls upon the Centre to arrange tankers for Delhi, says Court.

#DelhiHighCourt
#Oxygen #COVID19

@CMODelhi @PIBHomeAffairs