Thread by @barandbench

Delhi High Court will continue hearing petitions to deal with issues arising out of #COVID19 in the national capital.

Hearing to take place before Justices Vipin Sanghi and Rekha Palli.

#DelhiCOVID19

@CMODelhi @LtGovDelhi

Bench Assembles

Adv Tanveer Ahmed Mir makes mention of case concerning judicial officers, says he has received calls from officers who have exhausted their savings in medical expenses, says that their hospital treatment should not be stopped.

#DelhiCOVID19
#DelhiHighCourt

Court: You have mentioned before the CJ?

Adv Mir: I was told the Bench won't assemble. Therefore, the only remedy was to maybe mention before this Bench so it can be taken up urgently.

Court asks whether any situation has been developed where any judicial officer or their family has been asked to vacate hospital or whether this is a general plea that many officers have raised grievance

#DelhiHighCourt

Court says without material, Court will not be in a position to help by passing orders.

Judicial officers in need may reach out to High Court.

Justice Sanghi: DB 1 is assembling tomorrow, you can mention... If Bench finds serious urgency, they can call for the application

Justice Sanghi: As High Court, we would always want to take care of our judicial officers.. if there is difficulty (they can reach out)

Adv YP Singh makes submissions about 8 patients admitted in a hospital, where there is no ICU, no ventilator.

This is the information of 9 am from ... officer in charge: Singh

Where is Mr Mehra?: Court

Court asks for an affidavit. Sr Adv Rahul Mehra says it has been submitted

Mehra reads submissions on Indira Gandhi Hospital, on its bed capacity, revised bed capacity, work carried out by PWD.

The construction of the building is not complete, he submits. Adds that it was decided to add facilities for patients with mild symptoms

IGH can only be used as a makeshift health care facility, for patients showing mild or moderate symptoms, Mehra reads.

Have we not directed how many para medical... ?: Court

No, only asked on how many beds, oxygenated beds, Mehra says

As of this morning, app shows there are 4,493 COVID beds lying empty in all hospitals put together.. 3277 oxygen beds, 88 IC beds, Mehra submits

Today, we are in much better position with regard to beds: Mehra

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#CovidIndia

Court: Mr Mehra, we are not able to understand.. you have a huge facility.. for some reason you dont want to use that, you want to use temporary beds...

Mehra: This is construction...

Court: Why are you not looking to complete this instead of using temporary..

Within 1 or 2 weeks, that cant be done, Mehra says

Court says from pictures it looks like the structure is complete, the only requirement is to add beds etc.

If there is hesitation, tell us what is the hesitation: Court

Mehra says there is no hesitation, if there was hesitation, govt would have come with a rigid stance.

Justice Sanghi: In the last 15 days, not much has been done.. it is only at the instance of petitioner... you say 250 beds, he says 8 beds...

Singh: They are not admitting patients with oxygen level below 90%... no ICU bed, no emergency facilities..

Mehra asks whether it is his case that some patient has not been admitted.

Mehra adds that this facility is only for patients with mild symptoms, but just in case some ICU beds would be added.

Singh counters that patients with mild symptoms can be treated at home also

Mehra says affidavit has been filed by Principal Secretary, Health and if it is filed by such a top officer, "It must be taken on face value."

Mehra: It is not the case that any citizen is deprived of a bed as the position stands today.

Mehra: I could have understood if there were no beds available and this facility is not put into use.. we have put it to use, we must have the discretion as to how it is put it to use

Court: We want you to place a timeline on when the work will be completed... we want definite timelines.

Court: A huge facility is more or less complete... and it is not completed, partly due to lethargy of the state...

Mehra: Where is it that this is on lethargy of the state?... There is nothing to suggest that

Court: When was it planned to complete? March 20?

Mehra: It is not as if we are not cooperating....

Mehra says that Centre has not been asked similar qns with respect to beds promised by them

Mehra: Asking since 19 April, not a single bed has been...not a single direction

Court: Alright, we will issue directions to them also

Mehra: Kindly ask (the Centre) how many oxygen beds are there, how many ICU beds are there, how many doctors...

Court: Keep this COVID situation apart... We are also concerned with there is a huge facility where the state has invested a lot... therefore, that facility should be made operational even otherwise... we don't know what we will face.. they are talking about third wave..

Court:... if they have undertaken a project 90%... we would like you tell us what are the timelines (for completion of work)

Mehra: I bow down ... But this is neither the time.. where court will ....

Why are you fixating on central govt? We are on facilities here.. We are asking you something, you are going on a tangent: Justice Palli

There is 80% bed capacity in Delhi and Centre is saying they are for Delhi citizens.. : Mehra

Like the Central govt has been asked to go back and come back.. can I have that privilege? There are orders after orders..: Mehra

Court: We have not let them off, we are very well going to take up those issues.. it was you who suggested that we take it up on alternative days, we are here every day.

Singh: There is no facility. My friend died this morning.. I dont know what Mr Mehra is submitting...

#DelhiHighCourt orders GNCTD to file affidavit detailing realistic timelines for completion of construction at Indira Gandhi Facilities.

#COVID19India

Court order notes that 250 bedded facility was planned to start for patients with mild/ moderate symptons, that some ventilators given on temporary basis, that 25 ICU beds given along with portable PPE kits, 70 oxygen concentrators, doctors, nodal officer in place etc.

#DelhiHighCourt order records: "State should learn from the bitter experience that all the citizens of Delhi have gained with the present onslaught of the pandemic. Though the situation may have somewhat improved as stated by Mr Mehra wrt COVID beds, we cannot forget.... (1/n)

Order cntd.: (2/n) ... situation which existed till just a couple of days ago when serious patients in need of oxygen support, hospitalization, requiring ICU, ventilators were not able to get admission and many of them succumbed to the disease without chance to get treatment ...

Order contd (3/n): ... From reports evident that we have not seen then end of pandemic & experts are even warning of a larger 3rd wave...

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#COVID19India

Order contd (4/n): State has to therefore use its resources to complete ongoing projects ... at the earliest lest we are not caught in the same situation where we run out of hospital beds and infrastructure

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#COVID19India

Order contd (5/n): We, therefore, direct State to file a detailed affidavit disclosing:

1. What were timelines (for completion of work) at Indira Gandhi Hospital
2. Whether the same were breached; reasons, if so
3. What are the new timelines for completion of the said project

#DelhiHighCourt adds that the "said timelines should be realistic and once placed before this court, they should be adhered to."

Court says affidavit can be filed in 10 days.

#COVID19India

(n/n)

Court hears plea concerning Institute of Human Behaviour & Allied Sciences (IHBAS), filed by a corona survivor in public interest. Court disposes of plea since similar matter is pending before a single Bench.

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#COVID19India

Amicus, Sr Adv Rajshekhar Rao weighs in: Some suggestions have come on augmenting mental health aspect... I'll put that on a note, some directions can be issued.

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#COVID19India

Adv Sanjeev Sagar makes submissions regarding lower court proceedings in case relating to recent seizure of #OxygenConcentrators

Adv Sagar: If this way the public prosecutor argues before lower court, everybody will go scot free

Court: We have directed to ensure that PPs are made aware of our orders so they can place it before the court

Mehra suggests that Adv Sagar prepare a note so that it can be placed before lower courts as and when these matters come up.

Amicus Rao makes submissions.

There are two parts. News report says that trial court says that we cannot take action for contempt since it is High Court order, Rao notes.

The qn is whether it is the police to prosecute or drug authorities, that is also a gap, he adds

Rao submits that guidelines may have to be issued. Contempt jurisdiction can be exercised by HC

There are arguments that we are importing legally, you have not fixed price, so where is black marketing?

People will escape prosecution in long term because of the gap, Rao adds

Court dictates order: Notes Sagar's submissions that Trial Court may not be aware of HC order of May 2. That equipment such as concentrators also falls within the definition of "drugs" under the Drugs and Cosmetics Act.

#DelhiHighCourt

#DelhiHighCourt order records submission that failure of State to fix price is being taken advantage to sell the equipment at exorbitant and unconscionable prices.

Court records that time has been sought till tomorrow to get instructions, that some suggestions have been put to ASG.

Court observes that as early as June 2020, there was a call to fix prices on imported or domestic equipment, but the process was left uncompleted

"It is high time that MRP for oxygen concentrators and all other equipment for the treatment of COVID - for which there is much demand - is fixed so malpractices are immediately stemmed."

#DelhiHighCourt
#OxygenConcentrators
#COVID19India

This aspect shall be considered tomorrow, Court adds.

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#OxygenConcentrators
#COVID19India

Mehra has suggested that Sagar may circulate a note to director of Prosecution to sensitize PPs in cases relating to black marketing and hoarding in courts of Delhi: Court records

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#COVID19India

Court records that the said note should be prepared in the course of the day and circulated without any delay. Status in that regard to be placed on Monday

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#COVID19India

ASG Chetan Sharma: Have harshly and strictly put it to officers in the morning ... (have told them) you must come very harsh and clean on this.. this can't go on

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#COVID19India

Adv Sharma says the Delhi HC's earlier order should be widely publicised to ensure no one pleads ignorance if contempt is initiated against them

Court: We don't need to do that. These proceedings are being covered extensively by the press.. that's why we said we will take action

Submissions made on compliance of UOI wrt supply of oxygen compressors for PSA plants for some hospitals. Court says that it should be done without delay

Order: On May 7, court required information regard to time period within with compressors req for two PSA plants is supplied.

Court order (contd): Mr Mahajan has screen shared tabulation wrt to PSA plants in Delhi and he states that compressors of the two plants to be made operational at Ambedkar Nagar hospital ... HRSC hospital... would be supplied by May 16, 2021.

Court order (contd.): We direct the UOI to ensure that the said supply is made on time .. matter should be followed up with the supplier closely... status with regard to said supply and installation of PSA plant at the two hospitals ... on May 22.

Mehra flags concern that most resources are going to hospitals under central govt.

Mehra says he wants to flag that there are very few beds in these hospitals, these are for emergency

There are hospitals declared COVID hospitals, resources should have been given to them, court told.

All foreign equipment, donor aid coming to these very hospitals. : Mehra

Mehra says that Delhi has to keep sending reminders to Centre through letters repeatedly

ASG Chetan Sharma: I have my doubts.. a letter has been placed.. it is absolutely vague.. they have to say how they have been discriminated against, there is no discrimination

Justice Palli: Mr Sharma we have flagged this issue yesterday also

Sharma: There are SOPs, oversight committee (NITI Aayog, I&B officials, etc.)... these are not those proceedings... But since it has come from your lordships, i will check

Court remarks that this happens as both Delhi and Centre govt claims Delhi is theirs

Mehra: Centre should not only think, but behave that Delhi is theirs, and should directly give to citizens of Delhi

ASG Sharma objects to Mehra's statement

Justice Sanghi: When you give it Delhi, you should look beyond hospitals and institutions being managed by centre... there are large hospitals that fall under Delhi govt management... this aid is coming for COVID. It will be best utilized by installing it there.

ASG Sharma: Once again, we will put it to the amicus and your lordships tomorrow

Justice Palli: if you are giving it to Delhi govt, give them the right to distribute it wherever they want.

Justice Sanghi: We don't want to stoop the level of this squabbling...

ASG Sharma: We are also being very measured in our discourse... these are just allegations that are made on a routine basis.. once we investigate... as your lordships says, we should not lower the level of discourse...

Justice Sanghi: On the one hand lot of central hospitals, they have not dedicated many beds to COVID.. you have to keep non-covid also, we respect..

ASG Sharma: Ms Parashar will share post-lunch... dedicated covid beds have also been increased substantially.

Justice Sanghi: Aid should go where it is most exploited and utilises... kindly look into it and have it remedied... so we don't have to pass an order

ASG Sharma says he will come back

Justice Sanghi says otherwise court will have to pass an order

Mahajan: We will screen share.. other States are now complaining that bulk of resources are going to Delhi

Court suggests that a chart be made on how, from Day 1, which hospitals got aid when aid was given to Delhi

Mehra points out that the concern was that PSA plants are being placed in hospitals that are not catering to 80-100% covid patients

Satyakam: Plants have come, but not to any of the Delhi govt hospitals have got

Justice Sanghi: They are ultimately serving the people of Delhi

Mehra: Then there would be no issue

Court: Let this issue be looked into and let them come back on that

Court considers the issue of unused stocks which are not being diverted for domestic use, despite the export of the same being banned.

Centre informs that no one has applied to manufacture for domestic use, that without such application, centre cannot force them

Mahajan submits that export consignments cannot be diverted to the domestic market since production of the said consignment was not after clearances from drug controller

ASG Chetan Sharma informs that 7 licensed manufacturers have got approval for Remdesivir, that now #Remdesivir production is up to 1 crore vials a month from earlier 38 lakh, that 53 lakh vials were allocated for States between April 21-May 16

As far as unused stocks, Court says manufacturers should be informed and encouraged to apply for license to manufacture for domestic use.

"Communications to be issued to all export manufacturers encouraging them to apply for license to manufacture for domestic consumptions & tht applications would be expeditiously dealt with", Court records

Centre assures that any application made would be expeditiously dealt with

Amicus Rao: This issue is perhaps before DB 1, because an exporter has gone to DB 1..

ASG Sharma says court can issue the direction: We will consider any application that comes to us

Mahajan: If someone applies, will definitely consider...

Rao makes submissions regarding obtaining information from hospitals regarding bed availability. Rao submits that he is finding it difficult to obtain the info, though he trying through legal volunteers.

More often than not, we made random calls... no body is answering: Rao

Justice Rekha Palli suggests Rao give a list of those numbers that are not being answered at all to Delhi Govt, so that action can be taken

Court breaks for lunch.

Hearing to continue after lunch break.

#DelhiHighCourt
#COVID19India

Court has resumed the hearing.

Court is now passing orders pertaining to FIRs registered against persons accused of black marketing/ hoarding, and those have violated HC's earlier orders on the issue.

#DelhiHighCourt
#COVID19India

HC records submissions by Adv Prabhasahay Kaur on assistance offered by NGO Bachpan Bachao Andolan to Delhi Govt in matters concerning children in need of care.

Note circulated to Adv Satyakam, GNCTD, Amicus. Mehra assures matter will be taken up by Dept of Women & Child Welfare

Court appreciates advertisement/ inserts prepared by Adv Kaur for the protection of children during COVID both in Hindi and English language.

Court: You've seen them? They are very good.

Rao: A lot of thought has gone into it, the structure.

Court records in order: We have perused said inserts and we find that the same has been structured with a lot of thought and care and contains relevant info, will go a long way to educate public at large not only wrt to the helpline for protection fo children during covid-19..

Court (order contd.).: ... but also to inform them as to what all constitutes an offense which would land the offender in jail, the facilities that the agencies (are providing)

Court: Mr Mehra you will insert this, we can take your statement?

Mehra: Yes, yes

There is an ad we already prepared that has already gone.. we will publish this also.. the court should not view this as non-compliance, Adv Satyakam says.

Court records: Mehra states that independently, that govt has prepared an insert to published. Inserts prepared by Mr Kaur is also useful and would be published (Govt says). Let the same be published at the earliest.

Adv Kaur: We are preparing one for senior citizensalso. only problem is that helpline doesn't seem to be working.. as soon as it is operational, we will prepare for senior citizens.

#DelhiHighCourt

Mehra says that a helpline, 14567has just been flagged to him just some minutes back

Satyakam: Number was just given..tried now, says not working, may give some time to come back on this.. may not pass any orders on this

Court: Let us at least note that 1077 is not operational

Sagar Mehlawat, a law student from Campus Law Centre makes submissions

Mehlawat: Mehroli, MG Road, Delhi bridge area - medicines worth lakhs of rupees are being dumped, many are expired, many are perfect meds not expired. They are being dumped, there are lakhs of rupes worth

Court: Dumped in the open?

Mehlawat: Yes, in the bridge area.. one of the local reporters has also shared the news.. can share the video also..

Mehra: We will have the crime branch look into it..

Mehlawat: Have informed ACP, amicus

Court: If medicines are dumped in the open, someone might take and start using it.. have to be properly disposed of

Mehra says actions may also have to be taken up drug authorities.

Merha adds: (Dumping) maybe shows that raids are forcing people who are hoarding to dump it

Mehlawat: Have informed local police officers.. i am reaching the spot...

Rao: He is a law student who has been very keenly pursuing..

Justice Sanghi: Mr. Mehlawat you're like Ekalavya

Mehlawat: Doing whatever we can

Rao: I am in touch with him.. he has stepped up

Court: Very well done Mr Mehlawat, please keep up.. we cannot enroll you as commissioner (since he is a student and not a commissioner)

Mehlawat: I understand.

Court: So you please look into this, we don't have to pass an order?

Mehra: I leave it to you..

Court records in order: Mr Sagar Mehlawat.. public spirited citizen.. informs medicines including expired meds are being dumped at Mehroli Gurgaon road near Ahimsa Sthan.

Mehlawat: These are medicines directly supplied to Delhi govt hospitals.

Court order: These medicines have a stamp which shows that they are meant for supply to Delhi Govt hospitals... says matter reported to ACP and Amicus Rao. Information may be shared with Satyakam and immediate steps should be taken to seize the meds..

Court order (contd.): ... so they are not picked up by the public and misused. Appropriate case should be registered and investigated. Let status report be placed on next Wednesday

Mehra: DGHS, Dr Nootan Mandela, wanted to bring some aspect regarding helpline

Dr Mandela says that she tried the helplines and that she received help for two queries. 1291 helpline is working, she informs

Court: Let the govt also come back on this, if there is any other number, insert can be prepared accordingly.

Court says matter is not being posted tomorrow since all counsel will be busy with sou motu COVID case in Supreme Court.

Court orders that compliances required to be fulfilled tomorrow should be fulfilled.

Case will be taken up on next available date

Adv Abhay Gupta says govt was supposed to respond to the issue of overpricing of beds today.

Gupta: Kerala govt has rolled out a circular with prices capped at rates less than Delhi govt on May 6, 2020. Social media is full of grievances that hospitals are charging anything

Satyakam says that if there are complaints, action will be taken.

Since private hospitals are also helping amid COVID crisis, State has not taken up the issue on a coercive footing, otherwise, he adds.

Court: Point is, merely because there are no complaints, the situation cannot be ignored on the ground. Rs 18k (cap on prices last year) may be good last year, may not be good this year

Justice Sanghi: Maybe like you fixed 18k last year, maybe you should do it this year... talk to the hospitals

Mehra: Principal Secy Health, we will request if he can have a VC conference with all the hospitals

Court: take a cross-section, large and small hospitals.. you can take a graded system also

Adv Gupta argues that it is not that there have been no complaints regarding overpricing by hospitals

Gupta: I can show there are complaints.. there is a Madras HC judgment, May 10, where Madras HC has asked, what have you done to implement this circular? In Maharashtra, a refund of Rs 15 cr was made.

Adv Gupta: (if they complain re overpricing) patients are scare of the kind of treatments they would get. Can show complaints. They were addressed to Kejriwal. To say there are no complaints...(is not correct)...

@ArvindKejriwal

#DelhiHighCourt
#COVID19India

Adv Gupta: They could do something to contain the ambulance charges. We are a month old in the second wave of the pandemic ...They are giving free water, electricity. I could only use those facilities if I can live...

#DelhiHighCourt
#COVID19India

Adv Gupta refers to a report of a judicial officer complaining on being asked to pay a high hospital fee

Gupta: If this is the condition of a judicial officer, imagine the condition of the commoners.

#DelhiHighCourt
#COVID19India

Mehra: We will have a meeting.. can have an audit, but that will lead to some coercive measures.. these are stakeholders.

Court says it is not imposing limits on what price cap should be. Court observes it may be counterproductive if hospitals stop rendering services.

But with consensus, some limit can be placed. Transparency should be there, Court says.

Adv Abhay Gupta: A lawyer's mother passed away. each day they were asked to make deposits ... Rs 1 lakh,... the mother passed away.. before she could take the body, they made sure she made all the deposits.

#DelhiHighCourt
#COVID19India

Court: We want to take this on priority. When will you come back on this... Why did you not do this? We had ordered on this

Mehra suggests the matter be kept on Wednesday, and that meeting will be held.

#DelhiHighCourt passes order directing that meeting be convened between Secretary, Health Dept, GNCTD and hospitals and associations to discuss how prices levied by hospitals for treatment of COVID patients can be rationalized.

#COVID19India
#CovidDelhi

Court order notes that order wrt overpricing had already been passed earlier on May 7, Govt was to respond today. Court had asked if earlier cap of Rs 18k needs to be revised in view of huge surge in COVID cases and since many hospitals were converted to 100% covid facility

Court order: "The issue raised by Mr Gupta is a very serious issue.. There are documents that show that even though bracket charges were fixed, over and above bracket charges, money is being collected by diff heads which prima facie formed part of the bracket charges themselves"

Court order: "We direct the secretary health, GNCTD to convene a meeting with the administration of a cross-section of hospitals… and their associations to discuss the said aspect, that there is … rationalization of the charges being charged by hospitals and nursing homes..."

Court order: "The learned amicus shall also be sent an invite for joining the said meeting …

... premised on what transpired in the meeting, GNCTD shall issue appropriate orders capping prices levied by private hospitals and nursing homes for the treatment of COVID patients"

Justice Sanghi: Court: We don't want to elaborate, but there could be a slab, different kinds of patients, if they are on the oxygenated bed, ICU … all those things you should work out.

Justice Palli: Now if you are saying the situation is improving, you can take up these issues.

Adv Gupta: Earlier circular did not have action for those who violate.. can take a cue from Kerala Govt Order… (which includes) consequences for failing to adhere.. unless there are coercive consequences...

Court: Mr Mehra, this is important.

Mehra: This meeting will happen. We will also simultaneously have an audit and take the strictest coercive measures… but your lordships may also not intervene when hospitals come crying to court ...

#DelhiHighCourt
#CovidIndia

Mehra: We issued orders earlier, said we might do something, (hospital came to court) and we were made to withdraw the order.. petitioner should also keep that in mind

#DelhiHighCourt
#CovidIndia

Justice Sanghi: There has to be a sense of equilibrium,. Govt cannot swing like a pendulum from one end to another… when you issued that order, hospitals asked what will do with patients already admitted?

#DelhiHighCourt
#CovidIndia

Status report on this issue to be placed on Tuesday

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#CovidIndia

Adv Prasanna suggests that an intervenor, All India Drug Action Network may also be invited to the meeting

Court: We don't want to create hotch patch.. not a stakeholder.. amicus is there, you can share info with him who he may share in the meeting

#DelhiHighCourt
#CovidIndia

Hearing adjourned. Bench has risen.

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High time that MRP is fixed for oxygen concentrators, other COVID-19 treatment equipment: Delhi High Court

report by @meera_emmanuel

#DelhiHighCourt #OxygenConcentrators

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