Thread by @barandbench

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

#COVID19India
#COVID19
#karnatakahighcourt

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

#COVID19India
#COVID19
#karnatakahighcourt

Stories from the previous hearing here:

barandbench.com/news/litigatio…

barandbench.com/amp/story/news…

#COVID19

Bench assembled.

Bench: Adv Priyanka, You have sent us a very nasty email. You say that CJ does not understand the meaning of urgency. I go through 225 emails every day.

Please educate me on what is urgency.

#karanatakahighcourt
#COVID19India

Bench: So many lawyers are here. I agree that I do not understand the meaning of urgency.

But as CJ I have to take a call.

I am tempted to publish the emails.....the language Bar members use.

#karnatakahighcourt
#COVID19India

AG Prabhuling Navadgi intervenes, apologizes for the conduct of the Advocate.

Thanks the Bench for hearing matters even amid COVID-19 and Court vacation.

#karnatakahighcourt
#COVID19India

Bench: Mr AG, is it not the tradition that regular bail applications are not heard during vacation unless there is urgency.

AG: Yes.

Bench: Matter cannot be taken before 24th. That's my order. You have your legal remedy against it...Now let us go to the main matter.

Bench: Let us go to food security

Those who do not have ration cards, what about them?

#foodsecurity
#karnatakahighcourt
#COVID19India

State: Govt had during the first wave of Covid-19 distributed 10 KG of Food Grains free to PHH Card
applicants and 10 KG’s at 15/- for NPHH Card applicants i.e. those who had applied but for whom ration card were yet to be issued. Same to be implemented now.

#foodsecurity

States apprises that Indira canteens will be functioning for people with no ration cards.

Bench: How do you expect people to travel to Indira cantteens.

AG: Tom morning three meals cooked will be served at Indira Canteens for all those persons who are in need of food.
Construction workers, directions issued to builders to supply food free of cost.

Bench: Only 186 Indira canteens are there, there are 1000 slums.

How will people approach Indira canteens?

#foodsecurity
#Karnatakahighcourt
#COVID19India

What is the role of NGOs, with whom you (State) have partnered: Bench

The point is that everybody should get food....Those citizens deprived of daily wages should get food, in organised and systematic manner. No one should be left out

#foodsecurity
#karnatakalockdown

Adv Clifton D Rozario : A worker is facing not just food security but health crisis also now.

My humble submission is, if Trade unions can be requested to help the State to distribute food, I am sure it will help.

#karnatakalockdown
#COVID19India

Senior Advocate Jayna Kothari apprises Bench of previous Court order which had enabled people with any ID card to get food from PDS, Ration shops.

The order was passed by the Court last year amid lockdown.

#karnatakalockdown

Adv Shridhar Prabhu: The food to be distributed should not be rooked through unorganised channels. There are complaints that it was sold....

CJ: If you (state) are going to give cooked food then there has to be well organised network of NGO's. They can be given responsibility of supply.

AG: That will be done milords. I have interacted with the NGO's and they are very effective.

AG: Indira canteens will start from tom

CJ: Yes but even the NGO network should be operational. Make a statement by Thursday.

AG: Yes we will do it.

Cooked food may be given but it will not be effective, it will not reach everyone : Kothari

#foodsecurity

State counsel reads out details made in the written submission.

Bench : On paper this looks nice. But if lockdown is extended you will have to re-start helpline. So that anybody can come forward and say they have not received food.

ORDER

Bench: There is a proposal to distribute 10Kg of food grains and NPHH cardholders at Rs 50.

State to start implementation. As approval is waited, We direct State to take immediate decisions

Urban local bodies to continue functioning and provide food packets : Bench

Even in Indira canteens, free food will be provided free of cost : Bench

Submission, is that as done in last year, dry ration kit should be supplied at door steps of identified individuals. Quantum of food items included in ration kit should be suff for 21 days : Bench

How vulnerable sections will get food and approach indira canteens : Bench

For 198 wards in BBMP, there are 174 permanent Indira canteens, 20 mobile canteens.

As result of lockdown, some sections of society not receiving income. Object of exercise should be that such citizens should get food during this period.

Scheme should be place on record by day after : Bench

If Lockdown is extended, we are sure that State will consider implementing the method of last year.

Wrt rural areas, State through Gram Panchayats shall be sent150 packages to each panchayat

State to take the decision of helplines as well for receiving complaints: Bench

Is the Atmanirbhar scheme still in place? If it is still there, many issues will be resolved Court asks State

ORDER:
ASG to place before Court if this scheme continues to exists. Statement to be placed before Court by Thursday.

#atmanirbhar
#karnatakalockdown
#centralgovt

On Vaccination

Bench: ASG, has the requisition 9of State for more vaccines) been decided?

Bench: Only 9 lakh doses available. Forget about 18-44 age group. They cant even give second dose.

For people above 45 years and 59 years, let us, how will State give second dose? Court to Centre

Adv Rozario: It is quite disturbing....many lakhs people need second dose.

#COVIDVaccination

Bench: Some serious mistake is there in this. 65,83,000 people need second dose.

#VaccineShortage

AG: We have taken a decision, second dose will be given now. we are stopping first dose for now

#karnatakahighcourt
#COVID19
#vaccination

16,63,000 people need vaccination badly. You have only over 9 lakh vaccines with you.

Centre has not taken decision on your requistion.....

What are you going to do : Bench to State govt

#vaccination
#karnatakahighcourt
#COVID19

What will happen to the people with only first dose if they are not given second dose? Bench

COVACCINE second dose has to be taken within 4 weeks: Bench to ASG for Centre

#COVID19

Amicus gives details to the court about the procurement procedure of vaccine to be made by State govt and those which are to be provided by the Central govt.

Vikram Huilgol (Amicus): Reworking of the distribution policy of vaccine is required.

It should be done by the Central govt

Bench: About 26 lakh vials you require immediately for those who have completed over four weeks.

This is a completely chaotic situation.

#COVID19

CJ: Mr AG if something is not done immediately, the whole vaccination drive will collapse.....

Vaccination is the only solution to prevent from third-wave or any other wave.

It is the obligation of the state to provide vaccine. Nobody can purchase it from any shop.

#COVID19

AG: First dose creates anti-body and the second dose is considered as a booster for immunity.

Bench: As the policy stands there has to be second dose.

Is it not the policy that one who has taken first dose is required to take second dose : Bench to Shivakumar (CGC)

#COVID19

Counsel for Centre Shivakumar: Every day, the Centre is working round the clock (in providing vaccines, combating COVID-19)

There is a committee which is coordinating everthing

#COVID19
#centralgovt

CGC: We have made a vaccine on our own and production is being augmented.

Bench: Going by the figures, it will take 4 months time for the state to get sufficient doses to provide a second dose.

For the first dose, there is no decision.

#COVID19

Bench: Going by figures it will be impossible for state of Karnataka to give first dose to people above 45 years age category who have not yet taken vaccine.

Shivakumar: I will communicate it to the concerned authorities and revert back with the decision by Thursday.

#COVID19

If you are not going to get more than 13 lakh from Centre, how will you give the first dose to 18-44 age group?

State must clarify. How will you give vaccines ?: Bench to State

#COVID19

Bench to another advocate: If you are making an allegation of violation of Article 14, you place it on record we will consider it.

#COVID19

How are you (State) going to give second dose? It is simple arithmetic

Work it out and also, in how much time : Bench to State

#COVIDVaccination
#COVID19India

How many centres are giving vaccines and what is capacity for each centre : Adv Shridhar Prabhu seeks details

#COVID19

ORDER

Bench: It well accepted fact that vaccination is a measure step reqd to be taken against COVID-19.

However, it seen that situation regarding availability of vaccine in Karnataka is very disturbing

#CovidIndia

Over 1.72 crore administered vaccine

Balance quantity is over 7 lakh : Bench

65 lakh need the second dose, however, what was available was 7,73,637 doses.

Compliance not reported by Centre. On 22 and 29 April, State placed intent to Centre for more vaccine. On May 3 - intent was placed for 1 crore of COVACCINE : Bench

Only 6lakh doses of COVIDSHEILD received. Total doses available today is over 9 lakh.

As of 5th May, 65 lakh need second dose. Situation shows that id all available 9 lakh dosesare used for second dose, substantial part of people will not get second dose : Bench

Situation is very serious : Bench

As per target of 1.71 crore, 72 lakh have been given first dose and over 11 lakh given second dose.

Hence, it is obvious that if the present scenario continues, the first dose cannot be given to front-line workers and 18-44 yrs.

Thus it can be concluded that, if the present scenario continues, the entire vaccination drive will be completely ineffective: Bench

#CovidIndia

We direct State to place on record a road map how State is going to provide vaccine tp beneficiaries

-who have taken first dose
- second dose to those already taken first dose
- how going to achieve the target of vaccinating all those who have completed 45 yrs.

How State is going to cover marginalised society by providing vaccination : Bench

State must come out with road map by day after.

#COVID19

We hope and trust that if governments don't take serious note of the desperate situation of vaccination if more number of vaccinations not procured, the very object of vaccination will be frustrated.

It may have a cascading effect ... : Bench

#COVID19
#COVID19Vaccination

OXYGEN

1015 MT given to State by Centre, Court is told. Earlier was 865 MT

What is today's oxygen requirement in the State: Bench

#OxygenEmergency
#COVID19

Bench: Let Central Govt place on record how it is going to supply 1200 MT of Oxygen by tomorrow.

Give us some clarity on how much oxygen you (state) received till now.

#OxygenShortage
#COVID19

Bench: Unless the hospitals in districts know of helpline numbers where they can contact for getting supply of Oxygen.

State govt should also make a simple statement on projection of requirement of oxygen for the next 4 to 5 days.

You can tell us your oxygen requirement for today by tom : Bench

Court intervened in the matter as Centre was not increasing oxygen quota.

Fortunately, they have done it now : AG Navadgi

#Oxygen

The point is no one should die because of lack of oxygen : Bench

ORDER

AG states compliance has been made. ASG, a note tendered - Centre has increased oxygen to 1015 MT.

State to. Place on record requirement from May 5 till May 11 and quantum of oxygen procured. State to tell projected requirement for one week from tomorrow : Bench

ASG suggested that VC meeting can be convened by AG in presence of members of bar and officers of state and central govt so that figures can be reconciled :Bench

#Covid

We request the AG to convene a meeting tomorrow to deal with the issue as suggested by ASG. Necessary details shall be placed on record by state day after tomorrow : Bench

#COVID19

Adv Venkatesh Dalwai: Is PSA Units in state are being set up in state under the PM Cares fund?

ASG: Yes yes milords it is being done.

Court says that tomorrow matter will be heard on the point of Remdesivir and availability of beds.

Advocates rasie issue of police using force against citizens amid COVID-19.

AG: Even Police officers are working amid COVID-19.

Court says that those stepping our for essentials should be allowed. Police excesses should be avoided and people must co-operate

If people not co-operating, take them to nearest police station : Justice Aravind Kumar

#karnatakalockdown
#CovidIndia

Directions maybe maybe issued for citizens also to co-operate with government : Adv Clifton

AG requests CJ not refrain from passing any order and that he will take up the mater with DG.

#COVID19

AG: Police are being exposed to corona. Statements of no force being used is all ok. But they are working under tremendous pressure.

#karnatakalockdown

Bench: Our attention is invited to what is observed in order dated March 30, 2020. AG says he will take up the issue with concerned authority so that action can be taken.

#karnatakahighcourt
#karnatakalockdown

Further hearing will continue at 2:30 pm.

If Members are filing muiltiple petitions on same issues, then we will ask the respective lawyer to pay Rs 25,000 as donation to the CM Relief Fund : Bench

#COVID19
#karnatakahighcourt

Court looks into a plea raising concerns on police excesses, lathi charging....
Court keeps the petition pending, will be taken up tomo.

Matter adjourned to May 13.