Thread by @barandbench

Madras High Court to hear today at 2.15 pm Suo Motu case on Covid management in the State

#COVIDSecondWave #MadrasHighCourt #COVID19India

Hearing begins. Matter before Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy.

#COVIDSecondWave #MadrasHighCourt #COVID19India

Health Secy has filed a status report: Govt Adv Suresh

First and foremost, what happened in Chengalpettu yesterday?: Court asks Health Secy

It was management failure... What happened was somewhere around 11 o clock... (unclear): Dr J Radhakrishnan (Health Secy)

(Note: 13 patients reportedly died at a hospital in Chengalpettu due to oxygen disruption)

Healthy secy says inquiry has been ordered.

Your audio is breaking: CJ

#Madrashighcourt

Do you have sufficient oxygen?: CJ

On May 1 and May 2, unilaterally Centre had allocated (about 200KL), actually, consumption now is ranging about 400-450, Health Secy says.

He adds that there was a diversion to Telangana, later the other States understood, the issue was raised with the Centre and a revised requirement was arrived at, he says.

From 2nd onwards, till today, they have not released the revised plan. We are bringing it your lordship that ... our revised plan, which was agreed to in presence of two states... be released. The last meeting was held on 7th: Dr Radhakrishnan

Inos Sriperumbadur, which produces... MT of Oxygen.. it is a lifeline for Chennai and govt hospitals. They have diverted around 60 MT to Telangana and southern Andhra: Dr Radhakrishnan

Inox*

Court told that Sriperumbadur supply was diverted. It was decided that Southern Andhra supply may be given, and Telangana agreed to give up the diversion.

Inox Sriperumbadur supply should not be touched: Health Secy

#MadrasHighCourt #COVID19India

We are now managing with cylinders we had kept as reserved. But we will run out by tomorrow. The plan agreed mutually between GOI and other States should be published: Health Secy

#OxygenCylinders
#OxygenSupply
#MadrasHighCourt
#COVID19India

ICU and oxygen bed occupancy has gone to 90%, Court informed.

Non-oxygen beds are adequate, Court told.

#MadrasHighCourt
#COVID19India

On Vaccinations, govt of India's supply is limited, Court told.

For 18-45 year group, responsibility is now on State govts. In this also, GOI has allocated a qty of vaccine for each state. 10.3 lakh vaccine allocated for TN, Court told. We are waiting for #vaccines from vendors

For the quantities allotted by Centre, orders issued and vendors were paid on May 4, Court told

#CovidVaccine

#MadrasHighCourt
#COVID19India

On drug supply, there is sufficient supply of all drugs except #Remdesivir, Court told.

There is a Remdesivir counter at Kilpauk. 24k vials provided directly so for to patients on the production of appropriate documents, Court told

#MadrasHighCourt
#COVID19India

Sale in other counters of #Remdesivir likely in two days, Court told by Health Secy office

#MadrasHighCourt
#COVID19India

Tocilizumab supply - 325 vials centrally allocated to TN. TNMSC has procured, used for critically ill patients, have ranked private hospitals as per the number of critical patient to provide them the same, Court told

#MadrasHighCourt
#COVID19India

On Black-marketing -

We have arrested a doctor and nurse and similar people on sale or #Remdesivir. Strict vigil on dealers, Court told

#MadrasHighCourt
#COVID19India

Our real challenge in TN... the new govt has decided to implement a very strict movt from today onwards, without terming into lockdown. For two weeks, we expect that will reduce cases: Health Secy office

#MadrasHighCourt
#COVID19India

The central allotment of oxygen agreed to must be released: Health Secy office

Kanchikode allotment should not abruptly be abruptly cut, need time to explore alternatives, Healthy Secy adds.

#MadrasHighCourt
#COVID19India

ASG says that the meeting referred to did take place. Says that he will consult and get back on the issue.

CJ on oxygen: Wherever it can come from.. we read that Sterlite is not (going to produce Oxygen).. until after a week.. (critical patients) cannot survive minutes without oxygen. please take care of it.

#MadrasHighCourt

CJ suggests: In the national interest, you can get rid of the patent also... on some of the drugs and even oxygen. There is also a tax component, That can also be ...

There is likely to be an increase in Remdesivir production by next week, ASG tells Court.

#MadrasHighCourt

Responding to concerns raised yesterday by Court, ASG assures the court that within 45 minutes - 1 hour, foreign aid is cleared by customs authorities.

CJ: Please ensure that

#MadrasHighCourt
#COVID19India

Court refers to reports of DRDO efforts wrt to oxygen plants at AIIMS

CJ: Can the DRDO do something in the southern states also? It does not cost too much. It takes 24-48 hours to set up the oxygen generator plants

#MadrasHighCourt
#COVID19India

CJ: Please do whatever is within your power to see that somehow oxygen supply is augmented.

ASG says he will personally see to it

#MadrasHighCourt
#COVID19India

Court takes note of Govt Pleader N Mala's submission wrt to COVID-19 situation in Puducherry. She submits that the UT has sufficient oxygen supply their daily requirement being 20 MT per day, among other submissions.

#MadrasHighCourt
#COVID19India

Adv C Kanagaraj makes submissions as regards measures to combat COVID-19 crisis, makes submissions wrt to lockdown measures.

Advocate R Hemalatha appears for Customs Dept, makes submissions re foreign aid at airports: We have created a task force for speeding.. we have filed a report.

CJ: Very well, we will look into that report.

#MadrasHighCourt #COVID19India

Health Secy office: There is an impression that we have 1000 MT and we are only focusing on Inox.. all the other companies, their total production capacity is only 400 MT...

CJ: We accept your statement in this regard...

Adv M Gnanashekar: Pondicherry, the situation is very serious.. deaths are happening.. there is a shortage of doctors, medical staff. True picture not brought

#MadrasHighCourt
#COVID19India

CJ: We have a status report, it is a sworn statement, we have to give credence. Your off-the-cuff remarks (we cannot accept w/o evidence).. Puducherry they say by and large they are doing alright.. we are monitoring the situation. if you have details where you can give evidence..

Govt Pleader Mala (for Puducherry) adds: We are going to educate people not to rush to hospitals.. we have people to monitor people in home isolation also

CJ: If dos and donts of how to take care of people at home (can be issued)... that kind of thing would be of much greater importance.

#MadrasHighCourt
#COVID19India

Senior Advocate P Wilson: We are running out of Oxygen by tomorrow. There has been a meeting, all experts put together their heads... TN requirement is 510 MT.

Wilson urges Court to give a positive direction like Delhi High Court did.

#MadrasHighCourt

@PWilsonDMK

Adv R Sreedhar disputes Puducherry Govt submissions as regards sufficient availability of beds, says it is not reflected on the website

GP Mala says that there are proposals underway to take private hospital beds as well.

Court takes note of the submissions, CJ remarks that a lot of the measures in Puducherry are at the stage of proposal and not already implemented.

Court expresses hope that the said proposed measures are implemented in the next few days since the situation may become critical by then.

CJ: It is going to be critical tomorrow or the day after, that is what we are looking at

#MadrasHighCourt
#COVID19India
#COVIDSecondWave

Court's ORDER:

Court records submissions by Health Secy and Managing Director of Tamil Nadu Medical Services Corporation, records that TN has an oxygen production capacity of 400 MT per day.

#MadrasHighCourt
#COVID19India
#COVIDSecondWave

ORDER (contd.)

Court records additionally 40MT oxygen supplied to Southern and Western TN from Palakkad. Daily requirement of TN is about 450MT, Central allocation last week was 250MT

#MadrasHighCourt
#COVID19India
#COVIDSecondWave

ORDER (Contd.)

According to the officials... a meeting was held on Sunday, May 2, attended by AP, Telangana and TN, Central govt, manufacturers and others.. consensus was arrived at so that 475 MT #Oxygen was released to TN on a daily basis.

#MadrasHighCourt
#COVID19India

ORDER (contd).

Court records: Officials lament that notwithstanding such meeting... no allocation order qua this State (TN) has been issued till date.

#Oxygen

#MadrasHighCourt
#COVID19India

ORDER (contd).

#MadrasHighCourt records that May 5, 2021 order from Centre did not reflect such allocation to TN. That, TN agreed to allocate 25MT from Sriperumbudur plant to AP/ Telangana in view of supply from Palakkad being retained (40MT)

#COVID19India

ORDER (contd.)

However in subsequent allocation order of center.. not only did TN not figure... but the Sriperumbudur (oxygen supply) to AP/ Telangana has been recognized, but the Palakkad supply to TN finds no mention: Court records

#MadrasHighCourt
#COVID19India

ORDER (contd.)

"The officials say that it is a critical situation and the (#oxygen) reserves have been used up to the extent that there may be a further day's reserve but there may not be oxygen to supply ... on Saturday": Court records.

#MadrasHighCourt
#COVID19India

ORDER (contd.)

Learned ASG has taken note... no directions may be issued but only an appeal may be made so that ether is somewhat of an equitable distribution of available resources: #MadrasHighCourt

#Oxygen
#COVIDSecondWave

ORDER (contd.)

"No court of a State or a State can demand all the facilities to exclusion of others but there has to be an equitable distribution depending on production capacity in the particular State:" #MadrasHighCourt

#Oxygen
#COVIDSecondWave

ORDER (contd.)

#MadrasHighCourt: "... and the position should not be altered to the detriment of a state particular since TN has a production capacity of 400 MT per day. That with some additional supply may suffice for its need."

#Oxygen
#COVIDSecondWave

ORDER (contd.)

On #Oxygen supply to TN Court asks Centre to take a decision by tomorrow -

#MadrasHighCourt: UOI and the empowered committee should take immediate steps to ensure an adequate supply of oxygen to Tamil Nadu to meet the state's (requirement).

ORDER (contd.)

#MadrasHighCourt: "This must be ensured by tomorrow so that the emergency that the officials speak of the reserve supplies running out by Saturday does not happen."

#Oxygen
#COVIDSecondWave
#TamilNadu

ORDER (contd.)

Court: It is critical and requires the attention of the highest officers so that lives are not lost for want of #oxygen.

#MadrasHighCourt
#COVIDSecondWave
#TamilNadu

ORDER (contd.)

Court directs State and UOI to facilitate, in possible, the setting up of #oxygen plants in Chennai, Coimbatore, Madurai etc. like how DRDO has installed in some hospitals on short notice and affordable costs.

#MadrasHighCourt
#COVIDSecondWave
#TamilNadu

ORDER (contd.)

On available beds, the state appears to be doing well though 95% of the beds having oxygen supply remain occupied. Acc to the officials, roughly 50% of other designated beds are available but these do not have oxygen supply: Court records.

#MadrasHighCourt

On #COVID19Vaccine, Court records that State placed orders (10.3 lakhs units centrally allocated) and made payment

Centre & vendors asked to ensure prompt supply so preventive measures can be taken at the earliest to stop the proliferation of cases & possible 3rd wave talked of

Court records that inquiry has been ordered into Chengalpettu hospital incident, says while State has given an indication as to what happened, it is better to wait for the report.

#MadrasHighCourt

Court adds that there must be constant coordination and District collectors may be given special duties in such regard, including for the distribution of oxygen and the like.

#MadrasHighCourt
#COVIDSecondWave

On black marketing of #Remdesivir: Certain measures ave been taken as indicated by offices. There must be strict control in such regard, and absolutely no let-up, #MadrasHighCourt

Court expresses hope that info regarding availability of beds in Puducherry is made known through website or other media; notes that residents of Puducherry before Court have expressed that the information is not properly available on the website.

#MadrasHighCourt

Court notes that there are several petitioners who seek to suggest further measures to combat #COVID, says copies have been served

Adds court won't impose more conditions on beleaguered officials at this stage or cause more confusion with such directions.

#MadrasHighCourt

#MadrasHighCourt: Only an appeal that the citizen's needs be met and for such purpose whatever is in the power of the authorities may be done … to prevent further suffering.

#COVIDSecondWave
#TamilNadu
#Oxygen

Court: The matter will next appear on May 12, if not required by any untoward circumstances earlier.

Hoped that all stakeholders would put their heads to gather to ensure that the proper supply of the facilities and amenities part oxygen at the earliest

ASG R Sankaranarayanan informs #MadrasHighCourt that he has called Sanjay Roy, Director, Dept of Health and Family Welfare, Delhi & informed of TN's requirement for #Oxygen

ASG: ... have asked him to Immediately act on it and not wait for order copy. It is my duty to do it

P Wilson seeks liberty to mention the matter tomorrow if the Centre does not comply on this aspect by tomorrow. The grievance is that the revised #oxygen arrangement was agreed to but not published, he says.

@PWilsonDMK

CJ: We are there sir. 24 hours. We are available all the time, if we can be of any assistance.

#MadrasHighCourt
#COVIDSecondWave

Court also takes note of the suggestion to rejuvenate a vaccination center at Chengalpettu, which may be of assistance to TN and neighboring States.

ASG says tenders have been floated, the issue is finding someone with technical know-how.

ASG: We will get to know by next week

Matter posted next on May 12.

Before rising, CJ assures: We are always available, any time of the day and night.

#MadrasHighCourt
#COVIDSecondWave
#COVID19India