Thread by @barandbench

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

Court: what about Mr Mehra?

Court is informed that the Supreme Court hearing is still going on.

Court takes up the issue of portal for remdesivir.

A notice has been given to hospitals. Portal is operational. NIC is waiting for instructions from Health Ministry as to what all drugs have to be added to the portal : Prof Sanjay Dhir.

Positive RTPCR report may not be there.. out CJ has passed an order saying you can't deny treatment.. you can't be rigid about that : Court

We are taking data from ICMR.. we have now made a provision that any person who wants to, can be admitted. We have done it on your server : NIC officer

We have received representation from hospitals.. some data is already on the system and Hospital shouldn't re engage: Amicus Rajshekhar Rao

Rao suggests that done pro rata stock should be given to Hospitals so that they don't have to wait for medicines.

We have to make available medication is some stock.. where they can get it in 15-20 mins.. : Rao

Movement of medication needs to be faster: Rao

There are bottlenecks in the system: Rao

We are still not aware of the stocks of remdesivir being available.. which is the cause of black marketing: Senior Adv Malvika Trivedi

There is no clarity of availability till now.. if there is going to be some amendment to the portal : Trivedi

We were under the impression that the entire supply chain will be in public domain : Court

It shouldn't be that Hospital is out of stock and every time this process has to be undertaken.. : Court

Court also suggests that stock is maintained by Hospitals and then an account can be maintained.

It may be too late for the patient: Court

We need to decentralised the system: Rao

Even if an odd vial slips, we may have to ignore it... accountability has to be a pyramid like structure: Rao

We'll have some clarity on the data by the end of the day.. : Rao

We're trying to coordinate. If the court can either give us first half or second half.. by the time the hearing is over, half the office is busy attending sos..: Rao

In about 4-5 days, we should have a system and in 7 days, it would be a reasonably effective system: Rao

Whole intention of the system was to make hospitals make a request for the medication.. data can be auto populated by the system: Dhir

Dhir says future requisition request can be put by hospitals.

Dhir says now an sms will be sent to the attendent to know what is the status of remdesivir.

Change is a new thing for Hospital... system will provide a transparent system and let us know the flow of remdesivir: Dhir

Every hospital should be given a stock of remdesivir: Court

Yes.. if Hospital is unable to account, it can be taken care of : Rao

If a doctor needs Remdesivir, he should have it : Rao

Court asks if remdesivir is given to only icu patients.

Counsel say it can be given to both.

duplication of entries.. you have to look into it, Mr Dhir.. : Court

I don't know why hospitals are taking 20 mins to full the portal. There are just 4-5 fields.. they can easily auto populate: Dhir

A doctor is not in a mind to do all the paperwork.. he just writes the prescription.. the entire process takes time : Adv Aditya N Prasad

Patients aadhaar details are already with the hospital : Trivedi

Hospitals are saying that if you can simply, simply. And if I need remdesivir immediately, I shouldn't even be spending 5 mins : Rao

Rakesh Malhotra makes submissions.

Remdesivir supply is now normal. They are getting remdesivir..: Malhotra

Court says hospitals should be given stock and they can be made accountable for it.

Court says duplication of data shouldn't happen.

Once RTPCR report is there, the identity stands established.. it is only in those cases where RTPCR report is not there.. once RT PCR is there, other column should go : Court

Are there some people who are not filling data.. we need to tell them : Court

We'll look at it today and apprise the court. Hospitals have now realised that attendent data also needs to be filled in.. it is what's causing bottleneck..: Rao

Why is it restricted to Remdesivir: Court

Adv Anuj Aggarwal informs the court about the order on Tocilizumab.

We need to have some bridge for ready dosage : Aggarwal

In Tocilizumab, the problem was that they didn't have any allocation for it from government.. : Aggarwal

There was a lot of pressure of the drug controller also .. to procure further quantity. If we allocate in advance, smaller Hospitals will not get it : Aggarwal

Portal was designed in a way that if a requisition is made, it will be made available in a couple of hours : Aggarwal

Since there was a large scale diversion.. this system has now been changed : Aggarwal

Attendent's number is what hospitals take first.. pilferage from hospital pharmacies should stop : Trivedi

Tocilizumab should be brought on the system. Transperancy should be there ...stock is very minimal. It should be indicated in the portal and same procedure should be followed: Court

Hospitals need to devise a system.. have a dedicated person.. to give opening and closing stock. Suppliers are also giving details of stock everyday : Rao

It has to be decentralised. Area wise, district wise: Rao

Aggarwal says number of drug controller was wisely publisized.

Your drug controller is wearing so many hats: Court

Some officers from drug controller sitting in the office of the vendor. Post his approval, the stock is supplied. There is no specific instance of pilferage from hospitals..: Malhotra

Check out can be at the dealer/vendor.. and thereafter, record can be called from the hospital: Malhotra

Batra Hospital ED: There is a well developed system in at least big hospitals. Each vial and Medicine is indexed. The matter is training.. there has to be transperancy in the system.

Let them just indicate opening stock every day.. I should be able to account for the used stock: Rao

Let hospital be given as per 10 days usage : Rao

Hospitals are in the business of saving lives..most people will not ( do anything untoward).. let's not burden them : Rao

The clog in the system seems that stock would be given patient wise: Rao

Adv Tarun Chandhiok: I was hospitalised for last 9 days.. until last week, the hospital did raise a requisition. Thank fully we had the resources but not everyone has the wherewithal.

In my case, they raised the indent.. otherwise people are running from pillar to post : Chandhiok

I was given plasma as well. We arranged almost 16 people to get plasma for one. 15 were rejected.. I would exhort the Delhi govt to set up more plasma centres. Everyone can't run down to vasant kunj.. and the kind of footfall .: Chandhiok

With vaccination, you can't donate plasma.. the window had to be tapped. We are soon going to have problems with drug : Rao

We may have to dedicate one session .. it's these little things that are being lost in the big picture. Mr Chandhiok is having difficulty speaking and he has recovered.. : Rao

Court asks if Hospitals have their own plasma banks.

One is general plasma and one is plasma having antigen.. parameters are such that.. : Prasad explains the process of plasma donation

ILBS was structured to act as an exchange bank.. : Prasad

ILBS doens't work on a 24*7 basis: Prasad

We are at war and had it been one with a neighbouring state, army would have enlisted young men. Almost every second person who is Hhospitalied needs plasma.. people are asking for 80-90 thousand to donate plasma: Chandhiok

Chandhiok says it should be mandatory to donate plasma.

Senior Adv Nitya Ramakrishnan: My intervention application is on behalf of public health experts.

We have been following the orders of the court and the suggestions from the Amicus.. we have suggestions on larger health policy.. with emphasis on poorer people: Nitya Ramakrishnan

Court should form a committee.. of experts. A Public private partnership of doctors... people in public health areas.thr Committee to formulate a policy and assist the court : Ramkrishnan

Consider asking both govts to have a dedicated body of employees to be placed in all hospitals: Ramakrishnan

Ramakrishnan says existing public health infrastructure should be used for storage, testing etc.

Other is to follow Bombay Model...by converting schools, race courses.. as secondary health sectors..this will augment health facilities: Ramakrishnan

We will need some response from the government : Ramakrishnan

Conversion of public buildings is concerned, govt has been issuing orders : Court

Only challenge is where is the resources? To provide the personnel, oxygen.. : Court

We have to start looking at this today..there are doctors who are stretched.. we will have to call upon the volunteers: Rao

We really need someone who can counsel.. if my oxygen supplier is saying he will explode: Rao

There is a talk by Devi Shetty.. Surpreme Court has also suggested.. : Court

Doctors are also falling ill, they are tried : Court

Ramakrishnan says there are retired doctors who are willing to serve.

There is a large section of doctors who may not be willing to go out in the field.. because of their age, co morbidities.. one has to respect that..: Court

We have to tap nurses also : Ramakrishnan

Qualified nursing is not available. All of absorbed: Court

For students, that is the decision that the government has to take: Court

Without completing your study, today you are prohibited.. that hurdle will have to be removed: Court

We've asked ICMR to also suggest how primary medical infrastructure is to be used: Court

Ramakrishnan says Committee should be set up to aid the court ans people.

In the time of crisis, unfortunately we are not coming together.. that is why there is black marketing.. it's the moral fabric ...: Court

How the executive accepts it and whether it will translate on the ground.. it has to be seen : Court

Rao says there is a Delhi govt order on engaging nursing students.

Adv Rohit Ranjan says this aspect was discussed by the Supreme Court.

One will have to provide from comfort.. the govt will have to make it adequately compensatory : Court

These are things that will have to work ..: Rao

We'll put it to them : Court

yes there are few people who are taking all the calls : Rao

On a lighter side, please find a counsellor for us also : Court

Court discusses there are doctors who are giving medical opinion.

Kindly flag it (access to info) when Mr Mehra is there: Court

Rao says this aspect was being considered.

We need to increase it (helplines) by thousands : Rao

Things are working in that direction. It's ba bigger beast than we first thought. You have to have one number.. or every morning, there should be an advertisement on important numbers: Rao

1098 is working and is in public domain: ASG Chetan Sharma

It's is for children.. it's functional 24*7 for any child related help : Adv Nidhi Mohan Parashar

Adv Prabhsahay Kaur informs the court about the procedure to be followed in case of an orphan child.

There has to be proper publication of this process..: Kaur

Delhi govt is looking at it on expeditious basis : Rao

This is unprecedented. There are bound to be reactions.. : Court

It's also a reflection.. CWC should be up and running at a time like this. That is a failing of the system.. ground reality is that 5 people are doing everything: Rao

Prasad says Delhi govt can't become a black hole dealing only with oxygen.

Government can't always come and say we'll file a status report. They don't mean anything on the ground : Prasad

They say we have adequate number of ambulances, we don't have SUVs. Entire transport dept has Inova, forest department has scorpio.. ground report is very different: Prasad

Adv Sanjeev Sagar says price of imported items have to be capped.

MRP is fixed by importer.. I'm not denying then profit but it can't be 200%. Same thing is with renting : Sagar

We'll put this to Mr Mehra: Court

It falls in the ambit of Mr Sharma: Sagar

Court asks ASG Chetan Sharma to take instructions.

We'll make a note of it: Shrama

Under disaster management act, is there power to issue directions on pricing? : court

Yes,.. there has to be a formula : Rao

Ramakrishnan says CGHS has to be brought it for poor.

Court proceeds to break for lunch.

Adv Vedansh Anand : There is a RTI..on quantity of oxygen and ventilator purchased. Between March 2020 and April 2021, they did not procure anything.

We all can see that. There is no need for an RTI : Court

There is complete failure... systems are not in place. That's very clear: Court

Let court master inform.. we'll assemble accordingly: Court after being informed that Surpreme Court will assemble at 2:10 again.

Correction: RTI was for July 2020 and April 2021 period.

Anand says RTI response be take on record.

Narrative should be what can be done now instead of what has not been done: Rao

Court says very large number of ventilators are lying at the port.

95k cleared and 20k are still lying in customs because people have to pick it up : Rao on concentrators

A lot of movement happened on clearing oxygen concentrators.. after court's order : Rao

Matter kept for 3 pm tentatively.

No sos now? : Court

Very few. It's now from hospitals not on the network and individuals. There's no much panic on people finding a bed : Rao

Delhi fights corona either needs to shut or give a real time picture: Prasad

beds is a real problem: Rao

Court suggests relaying bed status from outside hospitals..

We don't know how many people are waiting for beds outside hospitals.. it's too late to have a Bombay System.. list of waitlist is important : Rao

If oxygen of yesterday is 730, large number of beds have to be made available but do we have the manpower: Rao

Rao points out that AIIMS Jhajjar is being counted as being part of Delhi beds.

Court notes that on the system, GTB has a large number of beds available.

We'll check during the break as to how many are actually available: Rao

Adv Arun Adlakha says focus should now be moved to public instead of the larger issue of oxygen.

Court breaks for lunch, to reassemble at 3 pm.

Hearing resumes.

Court is informed that Surpreme Court matter is still going on.

#DelhiHighCourt
#COVID19India

Senior Adv Ramesh Gupta draws court's attention to Delhi Govt order on attachment of a hospital with hotels.

Court asks Delhi govt to come back with instructions on Bar council of Delhi's plea for attachament of medical services for advocates.

Gupta says if order is passed, he would arrange everything in 4 days.

Gupta also informs that Venkateswara Hospital was linked with Delhi Judicial Academy.

We afe doing whatever possible. Today we are receiving 2 crore for the lawyers...we are not asking government for any money : Gupta

You were trying to give hotels...that was your policy: Court

Delhi govt counsel says he would seek instructions.

The bottleneck was that the hotel should have the bandwidth to be attached with a hospital.. there is no point attaching it the hospital doens't have the capacity to take patients.. then it's a paper allocation: Rao

We will create the facility (at Rockland Hotel) if you give us 4 days: Gupta

After 4 days, if I don't satisfy you that we can run ICU... don't give us oxygen.. we will make it a quarantine facility: Gupta

Government thus needs to identify a hospital which is comfortable with attachment.. that it will satisfy abcd norms : Court

State should report on this : Court

Adv Aggarwal seeks time.

Matter has been pending for so many days. Please get definite instructions: Court

Is SC matter still going on? : Justice Sanghi

Amicus Jaideep Gupta is making submissions: Justice Palli

Court says if the SC hearing is not over (anytime soon), it would record submissions and pass order.

You don't need their (hospital) consent (for attachment).. earlier you were passing orders: Justice Palli

If in a hospital, there are 25 beds in ICU and all are occupied.. if ICU is not available, it's not available for patients even in the hospital.. the unwritten rule is that ICU will be available if it is available. There is no preference: Court

Govt could communicate if there is any checklist that Bar Council should satisfy: Rao

Court says it will take up the issue tomorrow.

Mr Arora is making submissions now: Justice Palli

So you (court master) inform us in 15-20 mins : Justice Sanghi

Adv Abhay Gupta raises issue of bed pricing in Private hospitals.

I've got that. We're looking into it : Rao.

Bench rises for now.

Bench reassembles.

We called GTB. When we checked, the beds are obviously not available. There is a facility at CWC and nobody is picking up the phone there : Rao

That is the gap we need to fill : Rao

Information asymmetry has to be achieved : Rao

I guess for every hospital there should be one man at the top and in that office, one person should be there with live data to answer calls : Court

One dedicated person should be there ... it shouldn't be there that there's a nurse.. : Court

It is one of the most important job in today's time : Rao

Rao says that system has to be kept updated.

Mr Mehra, you need to use your force, your potential.. your forest officers are engineers.. they have degrees .. these people should be assigned some job : Court

Some of them can work from home, some have to come out.. : Court

Senior Adv Rahul Mehra says Supreme Court has reserved order.

An attempt was made.. let's wait for order : Mehra

Rao raises issue of website and dissemination of information.

Level of information ...has to come in easily readable forms daily.. calls have to be manned by people who are competent to do it : Rao

That's the level of decentralisation and responsibility.. : Rao

Medicine also has the same problems.. oxygen is more or less sorted. Distribution is being sorted.. we could rope in the logistics companies. Amazon is roped by some States: Rao

Court suggests including LPG gas dealers.

Network is already available: Court

Rao says number of cylinders available in Delhi has to be assessed.

We can sit with all our officers and discuss how we can take it across Delhi. We will bave learnings as we go down the path.. we will involve IIT and other people..: Mehra

In a few days, we will have the portal up and running: Mehra

Mehra says if oxygen supplying is comes in, oxygen bank will also start.

Chief Secretary yesterday had a meeting with all his officers saying they should be more pro active.. they already are.. we are taking it in a manner that we have to implement everything that is coming from court and the Amicus: Mehra

We are not experts.. when we put a suggestion.. idea is to set the ball rolling.. so that they start thinking on those lines : Court

We are telling them as lay persons... you can involve experts in the field.. we are not administrators.. we want you to do something: Court

You may come back.. saying this is not feasible.. like army.. it was turned down: Court

Mehra says that he was tried to impress upon officers to make use of Mohalla Clinics wherever possible.

CS has started looking into it. In a day or two we will have a comprehensive status report.. we can better it : Mehra

Intent will is there, if there are suggestions, it is more than welcome: Mehra

What about engagement of retired doctors.. you can't keep delaying : Court

We are doing it. Apollo has been in talk. Teleconsultation will be sorted : Stayakam

You have to call upon first no...: Court

Have you started the process or not : Court

Use whoever is there: Court

You were to put out an appeal. You haven't done that : Court

Draft was ready.. minor tweaking was required.. probably tomorrow it will be out. These are big ads : Mehra

You have to create awareness...public should know that these are the triggers.. Don't ignore it. You have 99 fever, cold- call: Court

People are not even aware.. this lady just had cold : Justice Sanghi

For one year, this nation and the world globally has been talking about the symptoms: Mehra

Adv MK Gahlaut mentions a matter.

Petitioner requires ventilator. ICU with Ventilation is not available. He's on death bed. On previous occasion, Mr Mehra and Mr Gautam Narayan made the hospital bed available: Gahlaut

Court asks Delhi govt counsel to see if something can be done.

But don't make an exception: Court

We will not dismiss your Petition..When you say it is your right to life, you are absolutely right. It doens't mean that we will give you precedence over someone else : Court

Gahlaut says liberty may be given to people to approach the amicus or an official.

This will become a channel.. it will become impossible: Court

People have access to lawyers and thus have access to the court : Rao

There would be 50-70% people who can't afford a lawyer: Court to Gahlaut

There is no relationship of client and Advocate here : Gahlaut

We feel for them but we are not in a position to pass an order : Court

Gahluat says direction should be given to DM and Health Secretary Delhi to look into it.

We'll pass an order : Court

This petition has been preferred by Laxman Singh who is 52 years old.. and Today his situation is that O2 level has fallen below 40 : Court

Though he requires ICU with Ventilation, the hospital has neither. Consequently, he has approached this court.. : Court

Art 21 of the constitution guarantees right to life and liberty.. the COVID virus has mutated and is proving to be rather lethal.. the present wave is leading to inflammation in the lungs..: Court

..and onset on pneumonia in the lungs. In a large number of cases, the disease aggravates and patient requires supervision in ICU requirement and even ventilator: Court

The obligation of the State to provide sufficient infrastructure to save lives of people can't be understated: Court

...Even the most economically advanced nations have found thair infrastructure to be lacking to deal with massive surge of cases : Court

The existing medical infrastructure in the State is being completely exposed when it is put to test. This court cannot turn away the petitioner by merely telling him that the state doens't have the infrastructure ..: Court

Mehra urges court to not say thay medical infrastructure is in shambles and the issue was of oxygen.

It's not only oxygen.. : Court

Now you are behaving like that ostrich.. today we'll have to respond to you..when you defend this position, we are not raising above politics. We always call a spade a spade : Court

When the other day when Mr Sharma's brother in law passed away.. we all felt State has failed.. what do we tell the family: Court

I withdraw my statement: Mehra

What is our planned expenditure on health? :. court

We are sworn to protect the fundamental rights of the people. Therefore, we sre bound to issue a writ to provide the infrastructure to enable the petitioner to undergo the treatment required to save his life ...same should be made available to him : Court

Could the court hold it for 15 mins. I've spoken with the DGHS: Stayakam

Court proceeds.

At the same time, there are 1000s of others who are inflicted.. they would have an equal claim.. merely because the petitioner had come to court, is not enough to pass an order in his various so as to allow him to steal a march over others : Court

...Others may not have the resources (to come to court through counsel ): Court

At this stage, Dr Gahlaut states that he has filed this Petition pro bono. He dispose it this petition with direction in rem to respondents to provide facility for medical treatment required by all residents of Delhi..: Court

Court says it shall be the obligation of State to provide bed with ventilation facility.

Merely because we have passed this order, it does not give any preferential right to the petitioner: Court

List tomorrow: Court

Hearing over.

We are not experts, idea is to set the ball rolling: Delhi High Court while hearing pleas concerning COVID-19 [LIVE UPDATES]

#DelhiHighCourt #COVIDSecondWave #COVID19India

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[COVID19] Medical infrastructure "completely exposed"; State obligated to provide medical facility to all: Delhi High Court

report by @aditi2118

#COVIDSecondWave #DelhiHighCourt
#CovidIndia

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