Thread by @barandbench

Delhi High Court to shortly begin hearing case concerning COVID-19 and oxygen crisis in the national capital.

Hearing before Justices Vipin Sanghi and Rekha Palli.

#COVID19 #Oxygen
#DelhiHighCourt

@CMODelhi

Senior Adv Abhinav Vashisht mentions a petition, says the issue is similar to what the court is dealing with.

Petition seeks that the supply management of oxygen should be handed over the army.

#Oxygen

Vashisht says the Petition will come for hearing today itself.

Court says it will take up the #COVID19 petitions in some time.

#oxygen

Senior Adv Ramesh Gupta : We just want attachment (for ICU for Laywers).

We are principally aligned. They wanted Rockland hospital : Senior Adv Rahul Mehra for Delhi govt.

We have spoken at the highest level : Mehra

Gupta says Rockland Hospital in Dwarka is fully vacant.

Owners are willing to handover keys to DM or any authority. We have 77 beds.. empty oxygen cylinders. Reserve 25-30 beds for lawyers: Rockland Hospital counsel, Adv Yashvardhan Singh

You can inspect and take over the Hospital.. : Court to Mehra

If Gurgaon Rockland can put it into operation: Mehra

Rather than Delhi govt doing it.. we can later take over : Mehra

They are seperate: Gupta

We'll inspect and come back : Mehra

Yesterday Karnataka High Court appointed two nodal officers to look into grievances of lawyers: Gupta

Court asks Gupta to give the order to the Amicus Senior Adv Rajshekar Rao.

Rockland Hospital counsel says it can hand over the keys.

Hospital will need cleaning, fumigation...it is not that easy. All that will have to be worked out : Court

IMA is ready to give doctors: Rockland Hospital counsel

One is regarding Mr Gupta' s Petition. That we will take care of...there are other facilities. If we can operationalise, we will..we want to operationalise other facilities also: Mehra

You can divert the staff that you have to the Dwarka Hospital: Court to Gupta

Then the court may handover the keys to us : Gupta

Once that it done, we may order the attachment: Court

Anybody can put a 20-30 bed facility.. That facility can be attached. This can be a dedicated facility for lawyers : Mehra

We just need oxygen. Doctors we have : Gupta

We're sure some clearances are required. You bring to us : Court

Court records order.

Rockland Hospital Dwarka has 77 beds and 6 ICUs: Court records.

Court records submissions.

Let keys handed over to Mr Gupta. Bar Council of Delhi can have the facility inspected and make the facility operational: Court

This aspect to be taken up next on May 6.

A lawyer mentions that he has come to a hospital for vaccination and has come to know that Seth Air has refused to give cylinders.

Only two hours of oxygen left for 119 patients: Lawyer

#Oxygen

We cannot be doing this fire fighting during the hearing of the matter.. : Court as it asks hospital to contact the authorities / Adv Stayakam.

Senior Adv Abhinav Vashisht mentions his Petition again.

The only way.. this is high time that armed forces be brought in. Armed Forces have tankers and the ability to do everything.. : Vashisht

We will be in such a happy Hospital: Vashisht

We are only looking at a solution. Citizens of India are dying because of lack of coordination: Vashisht

We are conscious of that. This aspect was raised. We have directed State govt to take action : Court

I'm sure Mr Mehra will individually support a reasonable claim : Vashisht

This will take a day or two to fructify. It was communicated to the Raksha Mantri by the Dy CM.. : Mehra as he reads the letter seeking the help of army for Delhi.

Who is for Union?: Court

Can the Delhi govt also make a request to the local commanders.. who are in charge of Delhi establishment so that coordination time is reduced: Senior Adv Krishnan Venugopal

Centre may be asked to decide in time bound manner now that Delhi govt is made the request.. : Venugopal

Wisdom prevailed that Centre would not like (if we wrote to the commanders first): Mehra

The whole problem can be avoided if the court asked to write : Venugopal

Problem is the last mile connectivity. It is smaller stations and smaller hospitals.. there is no buffer. SC has also noted that: Rao

The Court has to be indicate.. the centre has to provide a buffer stock which can't be touched.. army's help can be taken for the stations: Rao

And inter state : Vashisht

Mehra reads the Surpreme Court order that was released last night.

They have to give based on the projected demand.. 976 MT: Mehra

Not only that if 976 becomes 1500 MT, you have to meet that well.. that is two days ie. on or before 3rd May. That is the night that has gone by : Mehra

If Centre has already allocated 976, I have nothing to say. Else they have to explain: Mehra

Everything is finally directed to the Central government. Spirit is that both Centre and Delhi cooperate ...in action and deeds. This be implemented henceforth: Mehra

Mehra continues to read.

Deficit shall be rectified by Central govt by creating a buffer stock... primary and sole responsibility .. lies squarely and solely in the Central government: Mehra

by 4th, for emergency stock has to be made available: Mehra as he continues to read.

Buffer stock is over and above : Mehra

Transportation has to be taken care of by Central Government...they should just tell us what needs to be done..in tbe interest of citizens it will be done : Mehra

Mapping has to be done by them? : Court

Mapping has to be done like in war time.. where are my troops : Mehra

Gps tagging and everything has to be put in place.. hospitals can be told it is on its way : Mehra

There will be bribery free corruption free system: Vashisht as he again presses his petition.

State govt has written to Centre regarding calling in the army for help. You have to revert..can you please take instructions: Court

I'll take instructions: ASG Chetan Sharma

Court records submissions with respect to the letter to @rajnathsingh, Union Defence Minister, requesting the help of army to set up hospital with oxygen beds and ICU beds.

Also cryogenic tankers : Mehra

The Court has seen the direction (by SC)...now that SC has laid down the mechanism and parties are before the Surpreme Court, let the matter be before the Surpreme Court: ASG Chetan Sharma

SC has not dealt with beds requirements .. : Court

SC has said so far as oxygen supply is concerned... There is nothing to so on beds and dearth of Hospitals : Court

It shouldn't be that this court is the executing court : Sharma

We all have to implement...we are duty bound: Court

There is an exercise before the Surpreme Court... compulsory licensing, patents act are finds mention: Sharma has he states that orders may be passed only in areas that have not been touched by SC

You cannot tell us we are not entitled to ask (on oxygen supply): Court

This is not to suggest this.. : Sharma

Supreme Court has not ousted this court's jurisdiction.. this court doesn't lower itself by ensuring that (sc directions are implied it): Venugopal

We consider it our duty to implement the directions of SC : Court

There is no overlapping: Vashisht

This aspect (of army aid) ..we are bound to and we shall do so : Sharma

Could the court ask that it is asking Delhi govt to write to station masters : Venugopal

The court may give me time to get instructions: ASG Sharma

We direct UOI to report instructions on the communication by Dy CM to Defence Minister: Court

We have absolutely no objections (on writing to commanders but) we should leave it to the Defence Minister : Mehra

In the current circumstances, let's just leave it to this : Mehra

Venugopal says there is an advertisement by Delhi Govt to rope in retired doctors for running helplines.

We have 44 such lines. It's not one line. We'll place it before court : Mehra

Court is shown the duty roster for tele consultation.

I've no instructions on whether they are volunteers or otherwise: Mehra

Doctors in the sphere of physicians...court had said let there be an appeal en mass.. entire community of doctors can join in : ASG Sharma

It could be done parallely by Centre and State... Centre can give option of consultation in regional languages, says Court

Venugopal makes submissions on ICMR guidelines on type of treatment of patients.

Venugopal makes submissions on type of treatment for mild, moderate and serious cases.

I am told that there are now US, UK doctors who are tele consulting moderate cases without hospitalisation: Venugopal

It could be equally effective (as in Kerala and Tamil Nadu): Venugopal

Vashisht says there is need to have doctors who can pick up the call everyday.

#COVID19

Venugopal presses that retired doctors should be made to man tele consultation.

We are also looking at a situation where the severity can be controlled at home.. (certain) drugs can take back a patient from stage 2: ASG Sharma

ASG Sharma says order may be passed that steroids have to be given to patients.

Yesterday we said ICMR be here: Court

We cannot be spending time on what is the type of medication to be administered: Rao

Govt can be asked to publisize the ICMR guidelines, Rao says.

People need to be told when to get out of the house looking for hospitals. Some aspects are best left for experts : Raob

It doens't serve any purpose in calling these people to assist on aspects that they are good at: Rao

I'm saying tele consultation will help enormously: Venugopal

He's absolutely right..make that available. If somebody can collate it (data on social media) and put it on website: Rao

Govt should give education on at what point of time people should speak to someone: Rao

General mass should know when to press stage 1 : ASG Sharma

Anxieties are propelling people to act in irrational manner...the court may press that psychiatric counselling may be given. This disease instills fear: ASG Sharma

Adv Rakesh Malhotra talks of e sanjeevni app.

Delhi govt can done this for COVID purposes: Malhotra

If we look for something too big in a day or too, we will not get anywhere: Venugopal

Venugopal says that there were no doctors at ITBP beds to assist patients for two days.

He (person who went to ITBP) died because he was not accompanied by resources. It is of no use : Venugopal

Venugopal continues to make submissions on setting up tele consultation mechanism.

Data has come in from officers. We'll collate it..if the court may take it up tomorrow: Mehra

Every hearing.. there are diversions that happen. If the Amicus can highlight priority issues otherwise we can have these discussions for discussion purposes: Mehra

There are so many issues that have come. Let's take up the most important issues that can save lives. Holistic picture can be seen by the Amicus: Mehra

My request is let it be a structured way : Mehra

Delhi govt promised to get back on freeing up ambulances and using DTC buses for ferrying the dead, and making available additional crematorium: Venugopal

Customs be put on war footing (with respect to release of oxygen concentrators). Max Hospital has 3K concentrators lying in customs: Venugopal

If Delhi govt sets up fund for bringing in concentrators, tankers etc...I will personally make and arrange people to make donations: Venugopal

There is a CM relief fund. We will advertise the account number: Mehra

Donation link is in place : Mehra

Counsel say it's not working.

Court asks Centre how many oxygen concentrators are pending at customs.

It's a dynamic number. There is an order saying the process has to be completed within 3 hours: Adv Amit Mahajan

Everything is being cleared at the fastest : Mahajan

Is there any backlog: Court

We can't say because after after one hour nothing may be pending: Mahajan

I'm not satisfied..tell us what is pending at 3 pm : Court

They should prioritise hospitals: Venugopal

Let's have what is pending: Court

48k consignments were cleared : Mahajan

This is neither here nor here. What if 48lakh had come: Court

I'll find out : Mahajan

We shouldn't lose lives because of this : Court

The fund that is there is general COVID fund. I'm saying set up a fund only for oxygen: Venugopal

There are PSA plants who are willing to set up plants : Venugopal

Senior Adv G Tushar Rao comes back to his suggestion on using Mohalla clinics.

Everyone has his or her issues...all I'm saying is that every day we sit for hours on these issues. We've heard these things three times from Mr Venugopal and Mr Rao : Mehra

Mehra urges that Delhi govt should be allowed to revert on these things tomorrow.

This is not the time to get into all this. Your client has been going on Twitter saying that if you've lost somebody, we'll get you lawyer : Court to Venugopal

Venugopal says he would chastise his client.

Whatever issues are there, should be routed through the amicus : Court

We did not file status report because Mr Mehra was not satisfied. Everyday we had hearing: Satyakam

There has to be some discipline. What is the agenda has to be come through the amicus: Court

We've passed an order and it is set in motion. We would like the amicus to filter (the suggestions) : Court

How many days have you gone on (on Mohalla clinics)..you have raised this issue : Court

We are trying our level best..we are also trying to purchase and supply also. On Saturday, Batra Hospital held our tanker and driver and asked for 5MT. No hosp should behave in this manner : Goyal Gases

Inox joins the issue.

Delhi Medical Association makes submissions.

Most nursing homes have been kept out of oxygen allocation.. total capacity is 8k beds. Instead of focusing on larger hosps, if oxygen supply can be sent to these nursing homes : Senior Adv Sachin Dutta

Dutta raises issue of shortage of medicines.

A lot of attention is given to remdesivir.. but if there is shortage of paracetamol, meftal.. govt should be ahead of the curve: Dutta

We have asked our officers.. the portal is working and link (donation) is working...: Mehra

Payment getaway is not working: Adv

So it can be put to the Amicus. We'll look into it. Medicine is an important issue : Mehra

Oxygen we all know is being addressed. If we get 900-700 whatever it is...we would like everyone to be COVID facility: Mehra

The petitioner Association is not a COVID facility?: Court

None are: Dutta

Pressure is of oxygen. I can't take another 100 hospitals. I'll collapse: Mehra

They don't have excess supply. There's not much they can do : Court to Dutta

There should be a balance: Dutta

We have 8k beds waiting to be augmented: Dutta

At this time, don't insist on getting in when there is not enough for existing facilities: Court

I'm anticipating 15-20 days ahead: Dutta

We have a plan of 15000 beds and 1200 ICU beds. When required, please offer us : Mehra

These drugs are being manufactured by several manufacturers. It's a matter of demand and supply. If demand is more, producers will produce more : Court

It is better to make a projection now...it's a genuine apprehension: Dutta

We should not wait for the crisis to break out : Dutta

Concerns are raised that generic name / salt should be prescribed.

Sensitisation has to take place (on drugs being available under different brand names) : Adv

We would like Mr Rao to take the lead : Court

There are a whole series of compliances: Rao

Some limited critical issues...the issue of portal (for medicines) was there. A lot of people are not sure if an alternative brand can be taken. Portal is of some importance: Rao

Mr Mehra you have to get back on this: Court

Issue is of oxygen and the availability of CNG cylinders.. Delhi govt said it can't be done. An IIT Prof it can be done : Rao

Rao says some hospitals are doing it.

Next is issue of testing and newer tests: Rao

ICMR had to come back on this : Rao

Rao tells about the Bombay model of testing and hospitalisation.

ICMR may consider issuing a detailed advisory: Raon

Rao*

Practical aspects need to be highlighted. Let ICMR have somebody present: Rao

Next aspect is beds.. that aspect (portal showing oxygen and ICU beds seperately) is yet to be operational. Even waitlist should be made known on portal: Rao

Next is issue of availability of food and ration. A petition is pending before DB I..if GNCTD can follow it up : Rao

We had sent Petition (on construction workers) to another bench: Court

Let them have someone to supervise it.. the court may consider here or another bench : Rao

There are Delhi govt notices threatening action against hospitals for not augmenting oxygen capacity: Rao

This is not the time to issue notices. What is the point.. when you are not able to supply to them: Court

Let me come back. This seems completely out of place: Mehra

We'll deal with it. I hope it's not a systematic thing: Mehra

Adv Om Prakash for Rescue Hospital says their oxygen supplier is being changed frequently.

We should be able to deal with it. The Amicus and I have scheduled a meeting .. we should have some plan by the end of the day : Mehra

They have to put their house in order : Prakash

Court says orders should be changed if absolutely necessary.

Mehra reiterates that the supply is not enough.
Hospitals have reduced bed capacity. This is reflected on the system. We thus re calculate the demand.. there is no faith in the supply line : Mehra

I requested he amicus that we'll come up with a formula for 72 hours..so that we don't keep changing our orders. Whatever we're doing is with best intentions : Mehra

You need to see what is available and the give so much and then the bed capacity is decided: Court

Mehra says quantity that goes to hospitals keeps changing as the supply and bed capacity is dynamic.

You must fix a min. So that the hospital knows where to stop : Court

If we can be kept to a certain level and then a doctor or officer can assess if we are hoarding : adv Alok Aggarwal

I understand. We need to address. Mr Rao and I will look into it : Mehra

We'll assemble at 3 pm: Court

Mr Rao you tell us what the orders that we need to pass today: Court

As counsel once again start making submissions, Mehra refers to the Surpreme Court direction to streamline its proceedings.

Issues must come in the form of compilation from the Amicus: Mehra

That order has come : Court

Court breaks for lunch.

Hearing resumes.

#DelhiHighCourt
#COVID19 #Oxygen

Just two three small aspects ..a clarification could be issued..one is on fire NOC for nursing homes : Rao

Rao says there is some ambiguity on whether the NOC requirement is for private hospitals as well.

It seems to be a typographical error : Court

The order is by the Nursing home cell of Delhi govt: Rao

It think it's a typo.. we'll clarify: Mehra

Centre could make available 50MT as buffer. It shouldn't be an issue of tankers.. : Rao

At least 100 MT: Mehra

I'm saying in the next 2 days : Rao

Let's not get over ambitious.. let not talk about 976 MT on date : Court

976 is on you increasing capacity: Court

5k beds are ready but we can't utilise them: Mehra

Place it tomorrow then we'll direct the government: Court

Hospital should update oxygen status four times a day .. and then an SoS: Rao

There should be quantity and details on next supply from supplier: Rao

Perhaps Delhi govt has to say that there is uniform SoS standard for all hospitals.. : Rao

Officials have to be rotated. The same officer can't be working for 18 hours : Rao

Goyal gases today complained ...this cannot be. You cannot use force and seize the vehicle: Court to Batra Hospital

As on 10 am, I received 2.9 MT.. the intention is not to disrupt supply: adv Tushar Thareja for Batra Hospital

Batra Hospital ED: I have just been made aware. If this has happened, we will act on it.

I have never approved any such action. It will never be repeated: Batra Hospital ED

Court records submissions on this point in the order.

We have warned that this kind if conduct is not indulged in future. He has given assurance.. we want all hospitals to adhere to the same : Court

Goyal Gases counsel: I've to lift (some from Air Liquide). It is situated in Panipat. Once it reaches, there has to be a time bound filling.

Something similar happened with us also.. if there is some certainity only then we can pass come the certainity to Hospitals: Inox Air

Plants have in different States. They have their own priority: Mehra

Other states have to wait for hours.. a tanker shouldn't take more than an hour: Mehra

We're trying to get a sense of how they are doing it : Rao

It takes 3 hours to fill up a tanker...now it's taking 12 hours : Rohit Ranjan for Goyal Gases

Inox says a 15 MT tanker takes 2.5 hours.

An advocate offers to go to the site and bring a report.

We are right now tracking 33 tankers.. bht they are not moving.. for whatever reasons: Mehra

It is the need of the hour to know what is the trun around time : Mehra

Mr Mehra you install gps : Court

This kind of micro management is well beyond us : Court

This is something that is not getting over fast : Court

Mehra says he would get back after discussing the issues with the Amicus.

We need to augment capacity around Delhi. 80 km tops : Rao

These filling stations were not meant to deal with (the present demand): Rao

Adv Muralidhara Chandrashekhar appears for Air Linde.

He says that a WhatsApp group has been created for real time updates.

Court asks what can be done to have more refilling points.

To add a base takes a huge amount of time. Better pumps are being used: Chandrashekhar

He says turn around time from hospitals should be made better.

The only explanation is tankers: Rao

Even if you have 10 tankers and the base..: Court

That's why from the plant : Rao

Day before Centre added 100 MT more from Linde plants in Jharsuguda and Kalinga nagar: Mehra

For 255 MT to come everyday, we have to find a workable mechanism: Mehra

If we get 12 containers from plants.. we should not lift them every day. We need to divide these.. in a way that we pick minimum of 200 MT/300 MT. So that we cover one week full: Mehra

If we look 15-20 MT...it is impossible: Mehra

Court asks if these aspects can be sorted by Delhi govt and Centre.

Mr Rao and I will facilitate that : Mehra

Why should be spend time : Court

Maharaja says the officers are collating data (on pending concentrators).

What about army request? : Court

Mr Jha is in contact with the Ministry of Defence. We will let the amicus and court know : ASG Sharma

What about oxygen as per Surpreme Court directions? : Court

They will be honoured to the best of our ability: Centre

Mehra says he will place status report on several aspects tomorrow.

Rao says an order can be passed on the aspect of scams.

There must be a pattern of behavior: Rao

Delhi police should augment capacity and special cell has to be put in place: Rao

Bar needs to rise up and assist and not indulge : Rao on the incident of a Petitioner asking people on Twitter to contact her to get lawyers if they have grievances

Adv Petal says Venkateswara Hospital's allocation has been reduced.

Alloaction is done on basis is what is supplied : Court

Others have reduced the number of patients... which is also to the detriment of citizens.. : Court

We'll see tomorrow. Oxygen may come.. I reserve my argument for tomorrow: Mehra

All of these will be solved if we get 700 MT in Delhi: Mehra

3rd PSA plant was made operational. For fourth, vendor has to come back : Mehra

Adv Gautam Narayan says some PSA equipment has to reach.

We are going around in circles..it is a very complex problem. War footing requires army to do it : Vashisht on giving entire oxygen supply to Army

Once approval is there.. , we will see : Court

ASG Sharma says he has instructions that the matter is being looked into by the Defence Minister himself.

It is lack of oxygen and planning: Vashisht

We are breaking here: Court

If tomorrow court can look into the aspect of augmentation. If court can call from Central in their plan : Mehra

We've already directed: Court

Hearing over.

Delhi High Court hears case on COVID-19 crisis in the national capital [LIVE UPDATES]

#DelhiHighCourt

barandbench.com/news/litigatio…

Correction: Adv Yashvardhan Singh Soam appeared for the Dwarka Bar and not Rockland Hospital, Dwarka.