Thread by @barandbench

Uttarakhand High Court hearing petitions on COVID-19 management in the State

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Counsel for petitioner Shiv Bhatt making submissions before Bench of Chief Justice Raghvendra Chauhan and Justice AK Verma

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Below poverty line people in Uttarakhand cannot afford treatment in private hospitals and COVID treatment facilities

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Availability of hospital beds as of May 9 are shown as 4,540. Govt affidavit has included beds for quarantine facilities in hotels, dharmshalas etc as part of this: Bhatt

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Beds with ventilator not shown in list of available beds. There are only 5 CT Scan machines in the main hospitals: Bhatt.

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[On Remdesivir] only 24,935 vials have been allotted to Uttarakhand so far. We are already running behind around 6,000 injections: Justice Chauhan

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You have to bring documents on record for me to confront Mr Negi (Secretary, Medical
Health and Family Welfare). Then only can I take him to task: Justice Chauhan

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I'm well aware of the shortcomings of the govt. affidavit. I had criticised it in the morning line by line: Chief Justice Chauhan

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Cannot direct State to declare COVID-19 drugs as being under the Essential Commodities Act, it is a matter of policy: Chief Justice Chauhan

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Bring all documents on record and make arguments on next date: Court to counsel for petitioner

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Please understand that the value of an order depends on the documents on record. I am reluctant to pass any orders without evidence. In the morning, I was haranguing Mr Negi about his affidavit for this reason: Chief Justice Chauhan

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In cases of calamity, the State cannot raise the defence of lack of finances. Govt must pour every last penny it has in exchequer for the benefit of the people: Justice Chauhan in response to argument by AG Babulkar

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In a PIL of this nature, I don't expect the government to defend itself: Justice Chauhan

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Bench begins dictating order. Takes on record affidavit filed by Health Secretary. In places, affidavit has been drafter very cleverly so as to scuttle this Court's previous orders.

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Most basic facts have not been brought on record. Affidavit is highly vague. Although it is claimed that there are 36 private labs, neither their names nor locations have been submitted in annexures.
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Not a single govt lab in Haridwar, which is the epicentre of the COVID-19 pandemic in the State.

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By order dated April 20, Court had suggested to govt to explore possibility of mobile testing vans. Affidavit claims that ICMR and NABL accredited labs have been invited. It is unclear as to how soon State will start such labs.

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It is claimed DRDO will establish two 500 bed temporary hospitals at Rishikesh and Haldwani. No timeline has been given for completion of these hospitals: Court

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Unclear whether govt is planning to turn educational institutions into quarantine centres or hospitals.

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The shortcomings in the affidavit have been pointed out to Health Secretary Negi, who claimed that there was a limit to how many samples can be taken. According to him, there is constraint on manpower and machines required for analysing samples: Court

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Therefore, there is bound to be a gap between taking of samples and declaration of results: Court

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For this reason, over 4,000 samples in Dehradun and over 2,000 in Haridwar and Nainital are yet to be analysed: Court

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On shortage of oxygen tanks, Negi submitted that distribution of oxygen tanks in being monitored by Centre. While Uttarakhand produces oxygen tanks for transport to other states, Centre has asked Uttarakhand to get its quote from Jharkhand and West Bengal.

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Centre has not agreed to proposal of State govt to use oxygen produced in Uttarakhand first for its citizens: Court notes Negi's submission

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As far as holding of Char Dham Yatra is concerned, Yatra has been suspended keeping in mind spike in COVID-19 cases: Court

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Negi submits that temporary cremation grounds are being created, however govt has not specified of these locations: Court

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Out of 13 hospitals in Nainital district, only 3 have oxygen beds, as claimed by counsel for petitioner. None of these hospitals have ICU beds: Court

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It is the foremost duty of the State to protect the lives of the people. Therefore is has to extricate every single drop of its strength and every single penny of its finances for protection of its people: Court

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Good governance needs imagination, planning and execution of the plan. State govt is required to anticipate future dangers and address the difficulties faced by people at present: Court

Scientific community warned that second wave of COVID-19 would hit. Unfortunately, the State did not heed the warnings

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Even though it has been facing the pandemic for the last one and a half years, there seems to be lack of planning by the State. Second wave is yet to hit its most severe period. India is bound to be hit by the third wave, which will affect children: Court
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It is trite to state that we are in the grip of a pandemic, and the grip is only going to be tightened by an unknown and everchanging virus. Hence State and people will have to tread very carefully: Court

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Without the cooperation of the people, we cannot succeed against the pandemic. But is for the State to take concrete steps for tackling the menace of the pandemic: Court

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Directions of Court

1) Increase no. of testing labs, especially in Haridwar. Mobile testing vans to be put in place. People living in hilly regions of State must be tested as widely as possible.

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2) State should consider turning colleges and hotels into isolation/quarantine centres. Number of hospitals needs to be increased

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3) Since there is shortage of oxygen tanks, State should seek permission of Centre to use oxygen produced within the State rather than being asked to transport tanks from Jharkhand and West Bengal

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4) Court had issued directions to fill vacancies in doctors and nurse positions. State must endeavour to fill these positions. Two CT scans should be installed in every govt hospital

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5) Action taken on black marketing of drugs etc should be informed to Court.

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Although Char Dham Yatra has been suspended, govt must ensure that it is adhered to strictly. Steps for implementation of SOPs should be worked out immediately between temple management and State: Court

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The lacunae pointed out by Court in Health Secretary's affidavit should be addressed. Updated affidavit must contain data in support of submissions: Court

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State is directed to set up vaccination centres at places away from the two existing hospitals where they are currently located.

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Advocate General Babulkar asks for time till after May 25 to reply. Justice Chauhan refuses. "Frankly speaking, we are not happy with the way the government is dealing with the situation"

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I am not going buy the excuse that so many people are ill and therefore the work cannot be done. They are ill because of your shortcomings: Justice Chauhan

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Court asks lawyers to stop playing "hide and seek" with the Bench. Points out an instance where a submission was made without written submission being made available to Justice Verma, who is also on the Bench.

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Bench rises. Matter to be heard next on May 18.

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