Karnataka HC is hearing a case registered suo motu after the Court received two letters on Covid-19 Management in the state.

Chief Justice Abhay Shreeniwas Oka and Justice Aravind Kumar is hearing the matter.

Bench: What is the mechanism for supplying oxygen and who decides the quantity?
Bench: What happened in Chamarajanagar....?
24 patients, including some Covid-19 positive, died at a hospital in Karnataka allegedly due to the shortage of oxygen. The incident took place at a district hospital in Chamarajanagar.
Special Counsel Vikram Huilgol: Karnataka is second to Maharashtra in terms of Covid cases, priority has to be given to the State for supply of oxygen.

Bench: We want comparative figures of active covid cases in Karnataka and other states. Give it to us at 2.30.

Number of districts with more than 5k cases have reached 10: Adv Clifton Rozario

Patients have died in another hospital, Arka, because of lack of oxygen: Rozario
Mr AG, we want to know how you are supplying oxygen to hospitals: Bench

The Chamarajanagar incident is a serious issue. Around 24 people died. Mr AG we suggest that there should a judicial inquiry into the incident by a Retd Judge of the HC : Bench
AG Prabhuling Navadgi: A senior IAS officer has gone to Chamarajanagar. There is a preliminary report. Ultimately, the truth has to come out.

The state will not hesitate to punish those who are responsible.

We have our own info.

The submissions of petitioners are made based on media reports: AG

Bench: As per your preliminary report, how many people have died?

AG: Our info is that 24 people have died.

Bench: Some report from hospital authorities must be available with you?
AG: Yes I have a report, I will share it with the court.

AG reads out a report prepared by hospital authorities on the cause of death of 24 patients at Chamarajnagar hospital.

CJ Oka: Is it correct that hospital authorities informed local authorities that they are in bad need of Oxygen?
AG: Report of DY Commissioner suggests that requisition for 300 cylinders was made.

CJ Oka: Is it not a fact that requisition was made for 300 cylinders and that it was not supplied?

Bench: We are putting you (State govt ) to notice that a Retd Judicial officer has to be appointed for conducting an inquiry in the incident.

Bench: What about Kalaburagi incident?

AG: I'll find out. I am hearing it for the first time.

Bench: Find out. It's a matter of life and death.
Appoint a Retd Judicial Officer.

Bench: Mr AG give us the requirement of Oxygen for the state.

Does it purchase from local manufacturers or from other states?

Huilgol: Not only the quantity of Oxygen but even supply of Oxygen is decided by the Central Government
Huilgol: Manufacturing of Oxygen done at Bellary is supplied to state of Maharashtra.

Bench: Mr Kumar we are putting you to notice.

We want answer from you in Yes or NO, whether you will increase the cap on supply of Oxygen to 1700 MT.

Bench to Centre: Let your officers know that there is an incident of people dying due to lack of oxygen.

Karnataka is recording the highest number of cases
Bench: AG, what is the situation of Rendesivir?

AG informs that the requirement is 44,000 vials per day.
Rozario: The requirement is much higher than the allocation.

AG: Central Govt has increased the cap to 3,01,300 vials for a period between April 21 to May 9.......We estimate around 4.5 lakhs of Remdesivir medicine is required.

Adv Dalwai Venkatesh: Govt will have to tell us whether oxygen plant can be set up in every district.

Court: Setting up plants will take time. The question is how will oxygen come today.

Venkatesh: Atleast we can start.....

On the position of beds, Adv Shreenidhi for BBMP apprises Court with following data:

-Availability of general beds is 1681 beds,
-HDU beds increased to 268 increased, available beds 28
-ICU beds increased 57
-ICU beds with ventilator increased to 54, availability is 14.
-Covid Care Centres have over 2000 beds now.
-Occupied beds are 596, available beds are 1417.

Shreenidhi: We have turned 12 maternity hospitals into COVID-19 care hospitals. There are 142 oxygenated beds.

Bench: Any response from Army and Airforce on making available beds?
Mr Kumar informs about the meeting held between state and officers of the Defence establishment.

CJ to BBMP Counsel: Are there any unused hospitals in the city which can be taken over and made operational?

BBMP: Some hospitals of IMA fund are there....I will take instructions.

Bench: The main issue is the non-availability of beds.

Bench: We will hear at 2:30
Bench resumes.

Bench: Today how are you going to provide oxygen? Today you must increase it.

Kumar for Centre: Metting will be held tomorrow

Bench: We can't.....people will die.
AG: From manufactures, oxygen goes to refilling centres.
State will frame a policy for district wise allocation.
AG: We have created a web portal through which hospital authorities places order and based on that equitable and fair distribution is being done.
AG: On Chemarajanagara incident, State wants to find out persons responsible for lapse of oxygen

If there was any lapse, we don't want to repeat it.

We have no problem with judicial enquiry.
Bench: Any data available on total COVID-19 cases?

Vikram submits some data.

Yesterday there was 44,000 cases: Bench
Where is chart on oxygen submitted by GOI? Bench

Adv Rozario: I am filing a memo on the deaths on the lack of oxygen. Milord may please see that memo.

Bench: Before that, we want to see oxygen allocated to all states.

Maharashtra, it was 1784 MT: Bench

Bench to Madhukar Deshpande for Centre : How many more people to die? After two days you will increase quota?

Where there are less cases, oxygen supply is more. Is there any justification?

Tell us when you are going to increase quota...You want people to die?
Bench: Please see letter by Govt of Karnataka to Centre. It says it wants over 1000 MT and you are increasing from 800 to 865 MT. What is this?

Deshpande: Milord...the process is...

Bench: We are not interested in process, We are interested in Oxygen.

Bench: How many positive cases in Maharashtra yesterday?

Adv Rozario: 56,647 cases in Mahrashtra. Gujarat, 12,098.
Bench: We want figures for last 5 days. All states with data.

Bench to AG: What is the procedure to give oxygen to hospitals?

AG: They have to place order in portal.

Court: Portal created by whom?

AG: The State govt

Bench: That mechanism should be on record
Bench: We will record your statement that you cannot increase oxygen without conducting meeting.

That today you are not able to increase oxygen even after what happened in Chamarajanagar and Kalaburgi.

Kumar: Meeting will be held tomorrow at 2.

Bench: Not at 2, at 10 in the morning, we need your statement...what happens to people in the meanwhile?

We will pass an order in light of Articles 21 and 14.

Bench: Kumar, it is very unfortunate that you cannot make a statement.

AG: I will also intervene and try to find out.

Bench: AG, hospitals are not admitting patients because there is no beds!

Clifton: There are 10 hospitals in Koppal with no oxygen. Tweets are going on now
Bench: We will give an example, like in Chamarajanagar, wherever there are no refilling units for Oxygen, how is the emergency met with?


Bench: In our last order, we have already held that as the right to health under Art21, the obligation of all authorities to help all COVID-19 patients.

Last order, we have reminded that we are dealing with fundamental rights.

Though it was listed tomorrow, considering shortage of oxygen, we have taken up the matter today: Bench,

Oxygen allocation has been increased by Centre from 800 to 865 MT. 1417 MT is the requirement of the State: Bench
Based on the figures mentioned, Chief Secy stated that requirement of O2 is likely to go up to 1792.

It is mentioned that 70% of cases will require oxygenated beds and 3# will require ICU beds.

Minumum requirement will 1162 MT on May 5: Bench

Quota increased onlt to 865 MT.

Adv for Centre states that he is unable to make any statement without holding meeting:

We have seen two "shocking" reports in media on what happened in Chamarajanagar and Kalaburagi: Bench
Advocates have informed that allocation of quota of oxygen is discriminatory.

Direct members of Bar to place data on the total number of covid 19 active cases and allocation of oxygen to every state: Bench
We are putting Centre to notice for considering increasing quota of oxygen at 10:30 am tomorrow:

State to place existing guidelines for allocation of oxygen to various cities (hospitals).
Bench: Whether any mechanism available which has run out of oxygen can immediately apply for more

State to inform whether reserve quota of oxygen can be maintained in some districts: Bench
Bench: Prima Facie, we are of the view that this is a fit case where inquiry will have to held by appointing a retired judicial officer.

We propose to her AG on this issue


As on April 30, the requirement for Remdesivir was 35,000 vials.

The state is getting only 15,800 vials per day which is less than one half: Bench

State is not getting Remdesivir even to the extent of 50%: Bench.

We will continue tomorrow at 10: 30: Bench

Mr. Vikram will continue as Amicus and help the bed.
Bench to Centre: Mr Kumar, No order passed by SC on quota of oxygen.

Supreme Court presupposes that you must give full order and an additional buffer.

Here, forget about buffer, you are not even giving the required amount.

Matter adjourned to tomorrow, 10:30.

help the Court**

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