Bench led by Chief Justice Dipankar Datta of #BombayHighCourt to hear suo motu public interest litigation (PIL) case on the rise in #COVID19 cases in #Maharashtra prisons today.

#COVIDEmergency2021 #CovidIndia #maharashtralockdown
Sr Adv Mihir Desai is the amicus curiae in the case.
Advocate General Ashutosh Kumbhakoni to appear for State.

#COVIDEmergency2021 #CovidIndia #maharashtralockdown #BombayHighCourt #COVID19
Hearing begins.
Court (to Chief Public Prosecutor Deepak Thakare) Where are figures about prison inmates and staff who are positive?
Court: As per our last order, we passed 9 directions. We will take one one direction and see if they are complied with.

The first is HPC meeting.

Chief PP: The HPC had a meeting, the minutes are not yet available.

#CovidIndia #COVIDEmergency2021 #BombayHighCourt
Court: We have read somewhere in your note that prison staff has been declared frontline worker. Where is that?

Sr Adv Desai: that was in the Delhi HC order which I have annexed in my compilation

#CovidIndia #COVIDEmergency2021 #BombayHighCourt
Court: Have you declared them as frontline workers? And what about vaccination of inmates who do not have Aadhaar card?

Desai: I have an SOP in the morning in which the Centre has clarified that prisoners without SOP can also be given vaccination. This SOP was issued on May 6.
Court: These inmates have to be registered on the #CowinPortal .

Desai: Yes but without details of Aadhaar.

#CovidIndia #COVIDEmergency2021 #BombayHighCourt
Court (to PP): the SOP has been issued. Why do you say the matter is pending?

#CovidIndia #COVIDEmergency2021 #BombayHighCourt
Court: If the individual has none of the 7 identity cards, he can still be vaccinated.

#CovidIndia #COVIDEmergency2021 #BombayHighCourt
Court (to PP): so follow this SOP for vaccination.

What about the doctors in correction homes? We had recorded that there were only 3 doctors, ayurveda practitioners.

Your note is silent on this aspect.

#CovidIndia #COVIDEmergency2021 #BombayHighCourt
Court: In these difficult times, 1/3rd is vacant. You may say there are doctors, but then you have to show us how have you divided them amongst all correctional homes.

#CovidIndia #COVIDEmergency2021 #BombayHighCourt
Court: What are the total number of inmates at Yerawada Central Prison today?

Chief PP: 5911.

Court: So for such a huge population, not even one doctor?

Chief PP: There are vacancies.

#CovidIndia #COVIDEmergency2021 #BombayHighCourt
Court: It has been over a year into the pandemic. How long will you depend on hospitals? Sassoon and others, as it is are burdened.

CJ Datta: We are not asking you to increase the sanctioned numbers.

#CovidIndia #COVIDEmergency2021 #BombayHighCourt
CJ Datta: We are merely asking you to fill up sanctioned eats so that there are no vacancies remaining. You have sanctioned a number keeping in mind the need for those many, so then why not fill them up?

#CovidIndia #COVIDEmergency2021 #BombayHighCourt
CJ Datta: We will make certain observations on this.

So far as our order - it makes reference to the application by Adv Sudha Dwivedi.
We may consider directing that the HPC guidelines may be considered while granting release of prisoners.

#CovidIndia #COVIDEmergency2021
CJ Datta: What has the Undertrial Review Committee done on the NALSA recommendations?

Desai: They were accepted by the #SupremeCourt.

CJ Datta: We have asked for information on the UTR. Next week we will hear on that.

#CovidIndia #COVIDEmergency2021 #BombayHighCourt
Desai informs the Court about the order of the Supreme Court directing High­ Powered Committees (HPC) constituted by the State Governments/ Union Territories to immediately free such prisoners temporarily.…
Desai mentions the direction of telephone communication of inmates with their relatives is not being followed.

Court: There is dearth of particulars. You may say there are not following, they (State) may say they are being followed. But we will consider this.
Prof Vijay Raghavan of Centre of Criminology and Justice makes submissions.

Prof: It is easier when vaccinations are done in camps inside the prison rather than taking them to the civil hospitals. Like States like Punjab andHaryana.
And the prison staff may also be vaccinated.
Prof: If prisoners like the HIV+ patients, pregnant women, patients of TB, could be considered by the HPC for release.

Desai: Delhi HPC records that according to DG Prisons, prisons staff was declared frontline worker, and they were directed to be vaccinated.
Court: Tihar has a hospital. Do we have such hospitals?

Chief PP: Taloja and Yerawada also have prison hospitals.

Court: Are they manned with doctors and medical staff?
Amravati Central Prisons has only one doctor.
Court: MBBS doctors are class one post - how many are there?
Call for these particulars and we will hear you in the next hearing.

#COVID19 #BombayHighCourt
Adv EB dixit appearing for Sudha Dwivedi, an intervenor submits that the HPC had framed guidelines in the previous hearing that prisoners with less than 7 years imprisonment punishment were also being arrested and put into jails.

#COVID19 #COVIDEmergency2021
Court pointed out that they were not going to look into this issue.

Court: The appropriate criminal court is competent to decide which accused gets bail. The HPC guidelines have been upheld by Division Bench of this Court upto the Supreme Court.
Court: But please do not embarrass us like this. File appropriate application if you are objecting to any guidelines.

Court indicates it will pass a detailed order today.

Adjourns hearing to next Wednesday.

#COVID19 #COVIDEmergency2021

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More from @barandbench

13 May
#Covid19 The Goa vacation bench of #BombayHighCourt has resumed hearing on Oxygen shortage in the State

The hearing is in PIL filed by South Goa Advocates' Association seeking court’s intervention in issues related to COVID-19

#Oxygensupply Image
Court informed that few patients have been shifted to new building of Goa Medical College.

Court also informed that 15 deaths took place yesterday.

Court once again informed that delay in replenishing stocks is what is causing problem.

Do we take it that Goa does not have problem with Oxygen quantity but problem is with logistics: Bench asks.
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13 May
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Hearing before Justices PB Varale and NR Borkar.

@MumbaiPolice Image
Hearing begins.

Sr Adv Darius Khambata submits for State that they need time to file a reply.

Sr Adv Mahesh Jethmalani for Singh submits that he is not opposing the reply.

Court asks Jethmalani to wait till Khambata finishes his submission.
Court asks Khambata what is his reply on the protection he is seeking.

Khambata: This FIR is filed in April 13, and today is May 13. If he is not arrested till now..

Court: But please take instructions, and let us know.
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13 May
#MadrasHighCourt will continue hearing today the suo motu case registered to monitor #COVID19 management in Tamil Nadu and Puducherry.

The matter is before Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy. Hearing at 2.15 pm.

Track thread for live updates. Image
In a status report filed yesterday by Principal Secretary, Health, the State has informed (1/n):

- 29,272 active COVID cases as on May 11, 2021;
- Due to inadequate #Remdesivir allotment, TN is drawing it from reserve stocks;


- TN has sought 20,000 #Remdesivir vials a day; the current allotment is 7,000 vials a day “without an assured allocation and supply schedule.”

- Daily consumption of Oxygen is around 470 MT; expected to increase to around 850 MT, if cases increase.

Read 4 tweets
13 May
Delhi High Court will today 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.


@CMODelhi @LtGovDelhi Image
We've come across an order granting bail.. we'll point out the lacuna : adv Praveen K Sharma mentions.

We're not going to look to bail ... scrutinize the judgement: Court


Sharma says a note on oxygen concentrators has been given.

We understand that Surpreme Court matter is not there. If all parties are here, we can take it : Court
Read 32 tweets
13 May
The #GoaBench of #BombayHighCourt to hear PIL filed by South Goa Advocates' Association (SGAA) seeking court’s intervention in issues related to COVID-19 management in #Goa.

#OxygenEmergency Image
Hearing before Bench of Justices MS Sonak and NW Sambre.

Advocate General DJ Pangam appears for State. Addl. Solicitor General P Faldessai appears for Centre

Advocates Nikhil Pai, Akash Rebello, Rui Gomes Pereira, Nigel Da Costa Frias, Vishal Sawant appear for Petitioners.
The Bench will be hearing submissions on the issue of #oxygensupply.

Read 4 tweets
13 May
Karnataka HC will shortly hear a case registered suo motu after the Court received two letters on Covid-19 Management in the state.

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

Bench: Yesterday, a staff of the HC died of COVID. His sample collected on May 10.

He has not received any intimation on whether he was positive. This is how the system works....

This is an eye opener. What action are you going to take, what remedial measures

Read 82 tweets

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