Thread by @barandbench

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

#CovidIndia
#COVIDSecondWave

Chief Justice Abhay Shreeniwas Oka and Justice Aravind Kumar will hear the matter.

#CovidIndia

Bench assembles.

What is the process of distribution of oxygen in the State: Bench

#COVID19

Court informs that because of night curfew yesterday's order could not be uploaded. Order will be uploaded in 40 mins, Bench

#COVID19

State counsel gives details of the process followed for distribution of Oxygen.

Bench: On paper it really looks nice. For example a place like Chamarajanagar there were no bottling plants in the district, if there is an emergency how can you provide Oxygen?

#COVID19

State: Buffer zone will be created there.

Bench: Where are the buffer zones created?

Even after SC directed central govt and state govt to create buffer zone, we have noted yesterday that there is no buffer

#COVID19
#OxygenShortage

Bench: Suppose, hospital in Chamarajanagar requires 100 oxygen cylinders, then who will receive the request? The request will go to which district?

State: The neighbouring district to Chamarajanagar is Mysuru, so request will go there.

#COVID19

Bench: Does you mechanism says if Chamarajanagar requires 500 cylinders, will you give it to them or someone will say No No, 500 cannot be given.

Who decides on these questions? Nobody has been able to reply this till now

#COVID19

Bench: You say in case of govt hospital, the govt takes full responsibility. You have contractors for supply of oxygen.

So is there a district wise allocation of Oxygen?

Suppose if the contractor says he does not have supply of oxygen then what will the State do in such case

As of today, there are no written guidelines for district wise allocation of oxygen? After we have reached 50K cases.....: Bench

#OxygenShortage

This does lay down quota how hospitals will lay down quota, how it will apply for oxygen....Annexure only deals with oxygen at refilling stations.

How the system will work at grass root level, nothing is mentioned (in affidavit): Bench

#COVID19

You don't have anything on how the order for oxygen is to be placed. Please tell us, suppose supplier does not have oxygen, what then hospital is supposed to do?...Supplier does not have stock : Bench

In Chamarajanagar incident, desperate calls must have been made for oxygen...nobody knows how it is to be done...

Written protocol of procuring oxygen, you must make available immediately: Bench

#COVIDEmergency2021

Nobody is aware of helplines of State oxygen control room...People at Dstricts, Taluks, are not aware...: Bench

Give publicity....Let everybody know about helplines. Each and every hospital must know : Bench

#COVID19

The person who is going to draft the protocol of procuring oxygen, at district and Taluk level, he must put himself in that position : Bench

#COVID19

Out of the 100 MT increased by State, 60 MT coming from Bellari, some more coming from Orissa.
Central govt received aid from Bahrain and Saudi Arabia.

Out of the one from Bahrain, Karnataka will receive 20 MT. It is on the way, I have been told: AG Prabhuling Navadgi

Central govt has sanctioned for setting up 28 PSA Units in the state. By May 15, around 6 to 10 PSA will be functional and rest by end of the month: AG

We placed orders for more PSA units: AG

#COVID19
#OxygenShortage

ORDER
Firstly, we need with issues of allocation of distribution of oxygen in various districts/Taluks. A draft was placed on record by the State : Bench

#CovidHelpOnline

AAG candidly accepts that as of today, there are no exhaustive guidelines for hospitals in Districts, Taluks for procuring oxygen. He says guidelines will be formulated immediately : Bench

#COVID19

Publicity to be given for helplines for procuring oxygen : Bench

Centralised data of the location of bottling plants in the State, the capacity, availability of oxygen, present requirement of districts and Taluks not available : Bench

State to take immediate steps for centralised data and real time updates : Bench

#COVID19

Court records submissions made by AG on additional oxygen MT and PSA units.

GOI permitted Karnataka to set up 29 PSA units, which will generate 500 litres of oxygen per minute.

State procuring another 15 PSA units: Bench

#COVID19

State has been informed that it has already made request to allow utilization of the entire production of oxygen within the State : Bench

#COVID19

War room created for effective management shall be provided with the centralised data. The state shall take immediate steps in this behalf : Bench

CJ Oka says it hear issues on food security and vaccination after a break.

Bench to assemble again at 12.15 pm.

Hearing ends for now.

#COVID19

Bench re-assembles.

Court informed that 20 beds from Airforce will be provided for covid patients. Another 80 beds will be added once other commitments are met by the state.

Bench: Very good

#COVID19

HC is now dealing with a plea seeking compensation for victims of Chamarajanagar incident and further seeks autopsy for every person died of COVID-19.

Bench: What is the object of autopsy?..... It is a very dangerous submission...

#COVID19

We are ignoring the submissions....for the first prayer, plea will remain pending : Bench

Bench also pulls up advocate

Bench: You are a member of the bar, please address the court via video conferencing properly.

You cannot address the court sitting in open courtyard.

VC hearing have been going on for 13 months now : Bench

#vchearing

Adv Venkatesh Dlawai: Are the 28 PSA Units which the AG mentioned being financed through the PMCares Fund?

CJ: State govt counsel take instruction and inform us on next date.

#COVID19

Bench: Let us now go to vaccination.

State counsel gives details of number of vaccines available. Orders placed by state government for procuring vaccines.

#vaccination
#COVID19

Adv Shridhar Prabhu: Centre has not stopped exports but there is a huge deficit in state level.

Bench: Yes.....So there are no vaccinations as of now?

Bench calculates ....

Doses available are 7,76,671 : Bench

Around 68 lakh vaccine are required for second dose. As of now there is no stock of vaccine.

State: Stock is there.

#vaccination
#COVID19

Bench reiterates that without a second dose, the vaccine will be ineffective.

#vaccination
#COVID19

#BREAKING
Bench to Centre: Karnataka virtually has no stock of vaccines.

What is to be done?

#COVID19
#vaccination

MN Kumar for Centre: I will take instructions

Noting calculation, Court says that even for people with second dose, the vaccine cannot be given due to shortage.

#vaccination
#COVID19

Shivakumar appearing for Centre now gives details of policy decision taken by the Ministry of Health and Family welfare. Citizens between age group 18 to 44 years, state will take care.

#vaccination
#COVIDSecondWave

Adv Prabhu: If second dose is not taken in stipulated time, the effectiveness will reduce.

Shivakumar: There is no scientific proof to say that if 2nd dose is delayed, the vaccine is ineffective.

#vaccination
#COVID19

Bench: Mr. Shivakumar, let us not go into that.

After all, after taking the first dose, someday the second dose will have to be taken, right?

#COVID19
#vaccination

Prabhu: Centre not prohibited exports under vaccine mythri scheme. Exports going to countries that are not as acute as India.

FAQ issued by Health Ministry tells that 2nd dose has to be taken within 4-6 weeks after 1st dose.

#vaccination

Bench: What is the time limit for taking 2nd dose, Mr Shuvakumar, please tell us that.

Can we record your submission that there is no limit for taking 2nd dose when FAQ of Ministry of Health says 4-6 weeks?

Shivakumar: The FAQ is to be taken on record.

#vaccination

Bench: So if the order is pending since last week and if second dose is not taken within stipulated time, then efficacy will be lost.

#COVIDSecondWave
#vaccination

Bench: For two categories, above 60 years and age group 45 to 59 with co-morbidities. The central govt will provide free of cost?

Shivakumar: Yes.

Bench: Order is pending since last week... how will the state give vaccine to these two groups of persons?

Adv Clifton Rozario relies on April 30 Supreme Court order.

Rozario: State will have to make assistance available for registration by citizens for vaccine.

#vaccination
#SupremeCourtofIndia
#COVIDSecondWave

Adv Rozario: State should come out with a policy for sanitation workers, pourakarmikas and crematorium workers.

Bench: State should respond on the availability of vaccine for two groups of person, 60 and above and 45 to 59 yrs with co-morbidities.

#COVIDSecondWave

Prabhu: On the vaccination reg website, except for 2 pin codes, none of them are working.

People are queuing before Victoria hospital now. There must be some decentralization.

Like oxygen, vaccination has no portal showing availability.

#COVID19
#vaccination

ORDER

Bench: 1,72,00,795 doses of vaccination already administered in the State.

What remains is 7,76,671 doses.

What is the be noted is that 1,72,00,795 covers all categories including 18-44 yrs.

Bench: Figure of 83,28,241 beneficiaries were vaccinated with the first dose......65 lakh need second dose.

Thus, out of 65 lakh who have taken first dose, only 7 lakh can be provided with second dose.

#BREAKING
#COVID19
#vaccination

Bench: Scenario of vaccination available is "shocking". Available will have to be given to those who have taken first dose and who has to take second dose within requisite time.

#vaccination

Second, priority to be given to health and front line workers. Virtually, it is impossible for citizens to get first dose of vaccination unless they fall into these categories : Bench

Direct State govt to immediately submit intent of requisition of vaccines to Centre for supply of reqd quantity of does of vaccine.

All details shall be provided by State in requisition : Bench

#COVID19

State to specify the number of beneficiaries who are likely to lose the advantage of first dose if second dose not given.

State to give particulars by today. Centre to respond in three days : Bench

#COVID19
#vaccination

We may note here that hardly any scope in State for administering the first dose of vaccination.

We hope and trust that this critical situation will be considered by Centre while considering requisition : Bench

#COVID19
#vaccination

Bench: Large percentage of people residing in slums. State to come out with a scheme to ensure that COVID-19 does not spread in slums.

#slums
#vaccination

State to evolve a scheme for assisting citizens for getting themselves registered especially vulnerable sections

If not, very object of vaccination be will frustrated.

State to respond on targeted vaccination drives for sanitation workers and crematorium workers : Bench

BBMP counsel: We request Advocates to go "slow" on the tweets. This was brought to my notice earlier.

#vaccination

Bench: Those who are appearing in the matter should not go to social media to speak on the issues discussed in Courts.

We don't think there will be any disagreement on this.

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#COVIDSecondWave
#SocialMedia

HC takes on record the number of available beds in the city. Observes "Situation about availability of beds in the city continues to be very grim."

Hearings ends.

Next hearing on May 11.

#COVID19India