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Delhi High Court to shortly begin hearing petitions concerning #COVID19 and #oxygen supply in the national capital.

Hearing before Justices Vipin Sanghi and Rekha Palli.

#OxygenCrisis
@CMODelhi

Yesterday, the Court had directed Centre to show cause as to why contempt of court should not be initiated for non-compliance of orders directing supply of #oxygen.

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The Court accordingly directed that Central government officers, Piyush Goyal and Sumita Dawra, be present before it today.

#OxygenCrisis #COVID19

A petition is moved to direct Delhi govt to compensate the family of those who have died on account of oxygen shortage.

#COVID19

To maintain such a claim, specific facts have to be stated and corroborated before any compensation is granted: Court

Petitioner decides to withdraw the petition.

#COVID19

Court begins hearing in the batch of petitions.

#COVID19

Things seem to be getting better : Amicus Rajshekhar Rao

#Oxygen #COVID19

Yesterday, till midnight.. we received 555 MT yesterday. On May 2nd we received 447 MT...on May 1, there was an order by the Court and everything was moved .. then yesterday there was an order. Kindly keep the pressure.. : Senior Adv Rahul Mehra for Delhi government

My request is that.. I will not beyond a point.. the court will read between the lines. This order if implemented.. saves lives: Mehra

#Oxygen

#COVID19

Mehra urges court to monitor the situation on a daily basis.

I've not doubt we will reach 700MT soon : Mehra

#COVID19

Since yesterday.. electronic and print media carried something.. I called the amicus also. I wanted to convey something else and it came as something else...: ASG Chetan Sharma

#Oxygen

I was deeply pained.. : ASG Sharma

Let's put it very plainly.. matter is there is a huge requirment and deficit for Delhi.. matter is that allocation has been made by centre less than what is required.. sc also found that yes you were bound.. we issued and order it was not complied: Court

You are seeing everyday, you are here.. it is a reaction to that.. we are human beings : Court

It's displayed as if I have insensitivity.. : ASG Sharma

Are you going to wait for the formality.. (of Delhi govt writing for you): Court

I just wanted to place my humble anguish : ASG Sharma.

We are all suffering at anguish.. : Court

I am totally alive to the situation: ASG Sharma

Both officers are present but Central govt has filed an SLP against yesterday's order and the order passed earlier .. the Bench (in SC) may assemble.. the court may keep this matter tomorrow or at 2 pm : Solicitor General Tushar Mehta

#Oxygen

Court says it will take this aspect at 2:30 pm.

Let the officers join at 2:30.. : Court

I would need to be briefed (for SC hearing).. if the court could passover the matter : Mehra

There are small things that we can take up.. just in terms of distribution: Rao

We'll continue..(on aspects that we can) : Court

Even medicine issues is there: SG Tushar Mehta

Court allows Mehta and SG Mehta to leave the hearing.

The UOI had filed a list of documents.. : Rao

When huge aid is received, it is being allocated to govt hospitals without even ascertaining if it is needed : Rao

Rao points of the example of Lady Hardinge.

Not every bed needs oxygen concentrators. Hospitals are suffering.. whoever is advising.. he needs some medical advice: Rao

400 vials of remdesivir could not be picked up : Rao as he points out that there are issues with the Drug Controller's portal

What we can now do it.. we run through the UOI compliances: Rao

Somebody could start looking at the petition that Mr Sanjoy Ghose mentioned for judicial officers... we'll just flag that : Rao

We believe we will have 550-570 MT over the next 3-4 days.. hospitals can start attending whoever they can : Rao

Court is going through the Amicus' list on compliances by UOI.

It's not certain how the tankers (of Inox) registered in Haryana were allocated to Rajasthan.. Centre has to clarify: Rao

We've asked Delhi govt to reduce the load on Seth Air: Rao

Rao says last mile delivery is taking time : Rao

Rao discusses certain technical issues with the tankers used for distribution of liquid oxygen.

Larger tankers should be used for dumping and smaller ones for last mile delivery: Court

Can the diameter of the nozzle be standardized: Court

Not immediately in the short term..large chunk of disruption is because.. reallocation has resulted in long term relationships breaking: Rao

Delhi govt needs to ramp up storage.. what have they done in 6 months.. what are the independent steps that they have taken : Rao

Rao says Inox has a 200 ton storage tanker in Kandla.
process to build the platform for the tanker will have 2-4 weeks. We have to start yesterday: Rao

State has to start looking for alternatives (for PSA plants) if the vendor is not available: Rao

God forbid there is a third wave.. At least the next we shouldn't be having this conversation: Rao

Are tankers detained in Rajasthan being used? : Court

Rao and counsel for Inox say they are not aware.

Mr Chetan Sharma was to come back on army : Rao

Issue has been addressed. We are asking for more information from the army : Adv Amit Mahajan

They (Army) don't seem to have oxygen to cater to their own needs..if army says there's no point setting up additional beds but can help with internal matters...these are aspects.. : Rao

People are trying to reach Delhi govt helplines.. : Rao

My cousin brother kept trying from 4am to 5:30am.. it was not working: Justice Rekha Palli

Biggest issue apart from Oxygen is mismanagement.. : senior Adv Malvika Trivedi

We need to push centre to let engineering department of army to come in : Adv Sanjeev Sagar

Delhi fights corona website now has a link to show hours of oxygen left.. : Rao

We got a lot of oxygen for Maharaja Agrasen Hospital.. we inducted 30 new patients..other hospitals can also do it : Adv Alok Aggarwal

Rao says Centre has to tell what steps it has taken to augment infrastructure.

Rao takes the Court through UOI compliances.

Rao says Centre should give periodical report on the status of customs clearance for oxygen concentrator.

We need to allocate the aid mindfully and not just give it to govt hospitals: Rao

Also how many have actually reached the hospitals : Rao

Senior Adv Krishnan Venugopal raises issues of oxygen concentrators in customs.

It is there (in the compilation..) : Rao

It is updated on daily basis.. it can be given to court also : Mahajan

I have no difficulty in sharing data.. if everyone has different suggestions.. 99-98% have been cleared.. private couriers are pending and we can't do anything about it : Mahajan

Rao says from 24-30th, 48,800 oxygen concentrators have been pending.

Rao says over 28k ventilators came in and it needs to be seen where they have gone.

Rao says critical equipment has come into India.

Somebody can assist...if this is coming to Delhi, where is it going : Rao

It should go to places that matter.. it can't be lying in a box outside AIIMS.. : Rao

Venugopal raises issue of IGST on oxygen concentrators on personal use..

Mahajan says a petition listed before another bench.

Rajasthan govt is using our tankers. Inox is not using them : Adv Aseem Chaturvedi for Inox Air

Adv Shyel Trehan mentions petition on giving COVID relief to workers.

Trehan reads the order passed in the petition earlier.

The Board has come up with an SoP : Adv Urvi Mohan for Delhi govt

Mohan takes the Court through the SoP to be followed when a construction worker tests positive for COVID19.

Adv Rakesh Malhotra says Rapid tests should replace RT-PCR for workers as the latter is expensive.

Senior Adv G Tushar Rao explains how Rapid Antigen tests work.

No written report is generated? : Court

They give a small report: Tushar Rao

Trehan says she would get back on ICMR stand on RAT.

Trehan says even those construction workers should be covered whose registration has expired.

I do feel this is the understanding. I will get back with concrete instructions: Mohan

Trehan says the Board should advertise the SoP through SMS.

I've told them.. : Mohan

We could give you sometime for this. You should do : Court

Trehan says Vaccination camps can be set up for workers.

Vaccinations.. when they are rolled out on a large scale.. it requires medical set up. It is already hard-pressed. We need to have a doctor..: Court

Venugopal suggests there could be a local commissioner to report to amicus from the districts.

Venugopal says there need to be more oxygen PSA plants.

Venugopal makes other suggestions with respect to supply chain of oxygen.

Court asks Rao to consider if help from Delhi IIT and DCE could be taken for technical aspects.

Rao says if Adv Aditya Prasad is saying that he has quotes from people on cryogenic tankers and Delhi govt is saying they're not available, there seems to be some disconnect.

We'll coordinate with Mr Prasad...if tankers are readily available: Rao

Whether this quotation is serious, not serious, we don't know: Court

Rao points out the delivery time to 3-4 weeks.

That's for an individual person like me and not State : Prasad

We've explored PSA plants, oxygen generator and cryogenic tankers : Prasad

We've done a general search..on quotation: Prasad

Things are available but they are taking time.. : Prasad

Court says both tankers and tanks are required for Delhi.

Court continues to discuss the installation of PSA plant in hospitals and their importance.

Chaturvedi says Delhi govt has to augment storage for oxygen.

State has to examine.. and they must tell court if they have applied their minds : Rao

They should take help from IITs.. how much capacity they need looking at the numbers... somebody competent has to look into it : Court

Prasad says he personally knows some IIT graduates.

CM is also an IIT graduate: Court

Whatever we have heard, let's record: Court

Trivedi raises issues of medicine availability.

Despite strong direction from the court, people are still scouting around for medicines: Trivedi

Drug inspectors are not contactable at all.. if government can rectify the situation: Trivedi

So the portal is dealing with only remdesivir and even that info is not complete? : Court

Yes : Trivedi

Let us have NIC officers and Prof Dhir tomorrow: Court

Re workers:
An adv says both RT PCR and RAT are coming as false positive, and even patients without positive tests but symptoms are to be given treatment.

Mohan says she would take instructions.

Anuj Aggarwal says the Delhi govt circular covers this aspect.

Rao says some hospitals are not following the circular.

Court begins dictating the order, records submissions made by Amicus Rajshekhar Rao.

Court records submissions on distribution of aid.

In our view, concern expressed merits consideration. We direct centre to verify the position: Court

We direct UOI to look into the instance pointed out and also look at the allocation made to various hospitals and other institutions : Court

As long as the institution has proven credence: Rao

.. institutions who are rendering public services such as gurudwara. Equipment was received as aid for people of India and should be made available for use..no purpose would be availed by it being stacked in an organization: Court

Court further records Rao's submission of drug controler portal of remdesivir.

Portal requires RTPCR test.. procurement shouldn't be impacted (because test is awaited): Rao

This court has already taken note that in several cases there are false negative and insistence on the same can't be resorted to to provide treatment to patient who may symptomatically and on examine display COVID : Court

Anuj Aggarwal says the portal is following the ICMR guideline.

You need to give a stamp certificate.. by a hospital. Why should you insist on RTPCR when hospital is prescribing: Court

Let this aspect be considered by GNCTD and ICMR. Response be put before Court : Court

Court records Rao's submission on Delhi govt ramping up storage capacity.

Court records submissions made by Aditya N Prasad.

It is for the GNCTD to explore these possibilities and create storage facility. This obligation is cast jointly on centre and GNCTD even in terms of the SC order : Court

GNCTD should consider taking the help of IIT Delhi, Delhi College of Engineering to prepare a blue print if supply and distribution infrastructure for Delhi: Court

The estimations should be prepared on the basis of the plans worked out by experts in consultation with other wings of GNCTD such as DGHS and various hospitals and nursing homes. GNCTD would need to provide the necessary areas for installation of tanks : Court

.. and create infrastructure for distribution of LMO and cylinders. Let this aspect be examined and response be placed before this Court : Court

Let the search conducted by Mr Prasad be shared.. GNCTD should examine the quotations obtained by Mr Prasad and also look for other vendors... place status in this regard: Court

Court records submissions made with regards construction workers.

There are a few aspects that we would like to highlight.. to cap the amount to Rs 10k per family is not justified m COVID is a highly contagious disease: Court

We find that the insistence of a positive RTPCR report may also defeat the object of thr scheme.. worker may nit be able to afford.. and even if done, there nis likelihood of the same being false : Court

Court says it has already been held that RTPCR positive report is not mandatory for treatment if the person has symptoms.

Court records that Delhi govt has stated that bank details of worker would be asked only if there is a payment failure on the already existing bank detail.

All such construction workers whose registration is to be renewed, would be entitled to the Scheme : Court

The scheme itself in our view should be available for all construction workers who have contracted the virus in the second wave ie April 1 onwards: Court

Court records the submissions made by Venugopal.

Young advocates having registration of 10 years may volunteer to be appointed as local commissioners for Delhi districts.. such offers may be registered with the Amicus or court master: Court

Court records Trivedi's submission.

Court master shall communicate with Mr Dhir from IIT Delhi and NIC officers to be present in hearing tomorrow: Court

We'll take this after lunch: Court

Adv Kunal Anand says oxygen is not being supplied to IBS Hospital.

Have you contacted nodal officer.. Mr Aggarwal please take note : Court

Hearing to resume at 2:45 pm.

Hearing resumes.

#DelhiHighCourt
#oxygen #COVID19

Order was being dictated before Surpreme Court: Rao

Venugopal informs the court about the Surpreme Court proceedings.

Although UOI attempted to reduce the obligation, the SC said that they somehow have to supply (700MT): Venugopal

Venugopal says that SC has asked that a committee be set up to review oxygen demand.

What is the Committee: Court

They suggested some names.. renowned medical experts : Venugopal

SC was absolutely cognizant of the problems in Delhi : Venugopal

They asked the Union to formulate a global plan for oxygen.. : Venugopal

They also said that they wanted centre, GNCTD to sit down with Bombay Municipal corporation : Venugopal

We have already dictated something on that.. maybe they can take assistance from IIT Delhi : Court

Venugopal says centre should clarify stand on army.

So SC has said that 700 has to be supplied but contempt may not go on : Court

Yes : Mehra

We have received a communication. I'll be brief.. army airforce and navy are on the job. When last year COVID broke out, armed forces opened up hospitals and provided doctors, nurses.. other states have also made requests: ASG Sharma

Three facilities are already there in Delhi.. efforts are underway to add 390 beds to base hospital: Sharma

Airforce has helped in transportion of tankers: Sharma

Armed Forces resources are stretched.. they are providing as much help as possible.. help can be provided in transportation of oxygen: ASG Sharma

So setting up field hospital is not what they are looking into ...fair enough: Court

Sanghi tells Sharma about the order passed in pre lunch session.

We have to develop a channel for production and distribution of LMO like Petroleum products. Inox produces large tankers.. you see whatever is there. You both should collaborate and see.. : court

Inox has a tank of 200 MT capacity lying in Kandla.. centre, delhi can have a transparent way of calling whoever has.. but do it fast: Court

Court says engineering wing of Armed Forces could be utilised for setting up storage facility.

ASG Sharma says he will put it to the officers.

Nodal officers of Delhi govt can tell us in the war room.. the gestation time for the tankers to come..the platform should be ready : Sharma

Even the buffer stock was referred to in the hearing today. There will be some indication to that effect in the order : Mehra

We will identify a place and we should at least look for 100MT or may be 200 MT..we must have adequate resources..: Mehra

Court says it will wait for the Supreme court order before proceeding further on this aspect.

In a war, if there is a common enemy, you should unite, even if otherwise you are enemies : Court (in a lighter vein)

Mehra says Mr Sharma's heart is always in the right place.

Court records submissions on army aspect.

He states thay in view of services being rendered, principally it has been decided to not set up field hospitals.. we have informed Mr Sharma of pre lunch session on availing services of engineering wing of army : Court

Mr Sharma states the said aspect would be considered and instructions be reported: Court

Centre and GNCTD shall jointly locate vendors for storage capacity and other aspects ... For the said purpose, we consider it appropriate to..: Court

Venugopal urges court to await Supreme court order.

Court strikes off the last portion.

Senior Adv Sachin Dutta says Delhi govt has passed an order on nursing homes.

The order says COVID patients are to be treated on ground and first floor.

Mr Mehra should ensure that Delhi govt puts its house in order: Dutta

Amicus said that there may be fire issues : Justice Rekha Palli

Irresponsible statements are made across the Bar.. Mr Dutta is for the past 6 days only putting Delhi govt on the dock : Mehra

This is a general advisory to the effect that you can't put your patients in danger.. if you have fire NoC, please by all means continue...: Mehra

Where you are under the garb of pandemic you are doing away with all norms...as a government we can't allow this to happen: Mehra

If it is an existing facility..that means you have allowed it to function despite the norms.. now he's treating serious patients.. what will happen to the patients? Are you willing to take these patients in? : Court

We haven't issued a show cause saying shut down operations. It's an advisory: Mehra

It's a sword hanging on his head : Court

We are only interested in the patient: Court

Court suggests Mr Mehra to look into keeping the order in abeyance for a few months.

If applications are pending for last year, Delhi govt can examine these.. there are nursing homes where even a tempo can't go in.. another month will not make a difference but Delhi govt can in the meantime push them : Rao

I'll put it to my officers: Mehra

Let Mr Mehra say that action would not be taken for treating the patients: Dutta

Let him that instructions : Court

Smaller nursing homes be also supplied with liquid oxygen: Dutta

Mr Rao and I discussing it on a daily basis. We want to cater to entire Delhi : Mehra

Mr Dutta, you are assuming that they also have the capacity to take oxygen: Court

Yes : Dutta

We'll just record this : Court

Court records the submissions.

Ms Deepti, Joint secretary health for Armed Forces is here : ASG Sharma

ASG Sharma puts the court's suggestion of involving the army in storage aspect.

Kindly discuss it within your hierarchy: Court

I don't see any difficulty.. these are unprecedented times. Our resources are stretched but we will do our best : Ms Deepti

Adv for Muni Maya Ram Jain Hospital mentions a matter.

I have all certificates, fire norms. I require 75 cylinders everyday. One patient passed away due to lack of oxygen day before.. Mr Stayakam said you are not registered with GNCTD so we can't give you cylinders: Adv

We've already initiated.. : Adv

There's. Shortage.. they are rationing it. Mr Mehra, what is the difficulty? : Court

We have 202 Hospitals. Our endeavour is that we should have all such facilities in our fold.. giving one is always at the cost of another: Mehra

In 2-3 days.. we are hopeful.. position in Delhi will be different.. if my colleague can bear with us for some hours : Mehra

Tap smaller suppliers : Court

We were waiting to see what is the supply that we have : Rao

Yesterday we supplied 5 cylinders. I told him that you can't run hospital on an SoS basis .. you can't apply for registration here : Stayakam

You are running your Hospital for so many days... continue for now : Court

He should do his bid, we will try and help him out : Mehra

You have been running your hospitals.. you are asking your patients to get oxygen..you try and tide over the problem and try to get registered : Court

Adv Sachin Puri raises issue of private ambulances needing oxygen refill.

Mehra says there are reserves for private ambulances etc.

We have centralised it.. : Mehra

Mehra says a common cylinder pool is being created for various districts to augment their number.

Initially 20 filled cylinders will be given to each district: Mehra

It will be the responsibility of DM .. to ensure judicious use of the cylinders for buffer: Mehra

Once we have the pool, we can have multiple outlets.. today we are hoarding because of panic.. : Mehra

Court reiterates that all Delhi govt order should be put on website.

It should come out in newspaper: Court

Can we hold on the advertisement for a day or two. We only have 20 cylinders.. there will be a stampede: Mehra

We are looking at a platform to generate a receipt and token etc: Stayakam

It should be home delivery in ideal situation but we are far away from ideal situation: Mehra

Court disposes of Puri's Petition.

Adv Kunal Anand raises SoS from IBS Hospital.

#Oxygen

Mehra says as per his instructions, the hospital has oxygen till tomorrow morning.

It appears in the meantime they are good till tomorrow:Court

Anand denies.

Rao says as per his info the Hospital has 6 hours of oxygen.

Court asks Anand to take instructions on how much oxygen is left.

The easier way to get cylinder is come to the court : Mehra

Mehra says hospitals should do due diligence.

Don't raise false alarm: Court

Vijay Bhidhuri from Delhi govt explains the situation.

This is very wrong counsel. We will impose costs : Court to IBS Hospital

Correction: adv is on behalf of a patient in IBS Hospital.

Petition was filed on the basis of a communication from the hospital to the patients.

Court records that Hospital management says that there is no dearth of oxygen at the moment.

Court dismisses the petition.

At 6 hours, they should notify their suppliers.. and three hours or less, an alarm should be raised: Rao

Such false alarms distrub the system.. we direct that the first notification in relation to supply running out could be made not before six hours.. if there is delay, matter may be escalated: Court

Further, it can be escalated to Mr Stayakam or Mr Rao or Mr Mehra. In all such cases, it should not be that sos alarm is raised for the first time with him without any efforts being made : Court

Rao says there needs to be more numbers/lines to attend to sos at night.

Mr Mehra you need to look into it : Court

We can run it in two shifts.. and give the numbers: Mehra

We need to sync these numbers with 1031 : Rao

Mehra says he will place these aspects on record tomorrow..

Mehra suggests that a full page advertisement could be published with all information.

With relevant photographs : Justice Sanghi

This time we may have Mr Mehra and Mr Stayakam : Justice Palli

Court records the submissions.

Come with full information day after tomorrow: Court

Unless it is urgent and can't wait.. all these suggestions can come in an application form. It is very difficult..we can also submit status report: Mehra

I'm not filing any reply to the recall application.. we don't wang to precipitate it: Mehra

Now it's before Surpreme Court : Court

Rao says he has already received 200+ applications for voluntary service by advocates to act as local commissioners.

Others may not apply at this stage. The Amicus may identify lawyers who will work as volunteers in districts: Court

Court records Mehra's submission on not filing any reply.

Hearing over.

[COVID-19 crisis in Delhi] Army can't set up field hospitals, resources are stretched: Centre tells Delhi High Court- LIVE UPDATES

#DelhiHighCourt #COVID19India #Delhi

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