Thread by @barandbench

The Goa vacation bench 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.

#GoaCovidCrisis
#COVIDEmergency2021
#oxygensupply

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 #Oxygen supply.

#GoaCovidCrisis
#COVIDEmergency2021
#oxygensupply
#BombayHighCourt

Bench assembles; hearing commences.

#GoaCovidCrisis #bombayhighcourt

With regard to Oxygen requirement, Advocate General says an expert will assess if there is deficiency or not.

Bench says it doesn't appreciate it.

"We have seen videos of people gasping for breath due to lack of Oxygen. And you are going to assess 'if there is deficiency."

AG says problem is not shortage of oxygen but the issue is of capacity of pipeline. Due to that, if there are large number of patients on lower floor, upper floors oxygen level fluctuate.

AG says solution to replace cylinders but it will take some time.

Court asks what can be done so that no deaths happen tonight due to lack of Oxygen? Is there a solution for now.

Court asks from where oxygen cylinders can be purchased and refilled.

Adv. Amit Palekar private units operate refilling units.

There are complaints that people have to pay Rs. 15,000 to Rs. 16,000 for cylinders

Whatever cylinders are available, it is time govt takes control of them and distribute them equitably. These are desperate times: Bombay High Court at Goa.

Adv Akash Rebello there have been restrictions to fill up oxygen cylinder.

Court says there is a need to prevent black marketing.

Rebello says anybody with medical prescription should be given refill.

#bombayhighcourt #GoaCovidCrisis

Court says it could lead to diversion of resources. Some protocol must be in place, says the Bench.

#GoaCovidCrisis #bombayhighcourt

Court discussing on regulation of Oxygen cylinder refill and how the same should be permitted.

Should govt be allowed to take over all supplies? Should NGOs be excluded?

Bench suggest whether priority can be fixed for govt, then private and then NGOs.

#GoaCovidCrisis #OxygenEmergency

Court taking stock of beds in Goa Medical College.

There are 700 plus beds available in GMC. How many patients do you have in GMC? Court asks.

Bench says as of yesterday there were 950 patients. So shortfall of 300 or so, the Bench says.

Court asks AG whether there is shortage of cylinders in GMC.

AG says there is no shortage of oxygen but there is shortfall in cylinders used to supply oxygen.

#GoaCovidCrisis #bombayhighcourt

Can the same be addressed today? Bench asks Amit Palekar appearing for Rotary club whether it can supply cylinders.

Palekar says Red Cross will have 300 additional cylinders.

Bench asks him to coordinate with Red Cross.

Palekar says whether there will be problem in filling it.

Bench says govt will do that, procure the cylinders for today.

Palekar says he will talk to Red Cross right away, exits the hearing.

#GoaCovid #bombayhighcourt

Court now discussing the GMC Bed vacancy with the Dean.

160 patients have oxygen pods, says Dean.

Does it mean there is on oxygen problem for those patients: Court

No, it can fluctuate when trolleys are changed: Dean

Dean now calls Nodal officer to address the court.

Court asks how many cylinders would GMC need by 3 or 4 pm today?

If Oxygen supply has to be without fail, one trolley has to reach GMC every 20 minutes and one trolley will have 48 cylinders: Nodal Officer.

So is it 72 trolley per day? Bench

Yes. Yesterday we got 55 trolleys only and there was a delay at night: Nodal Officer.

Court ask whether the deaths happened due to that shortfall at night? Court assures the hearing is not to blame anyone but to ensure there is no repeat of yesterday's event.

"Blame game can happen later if we all survive," Bombay High Court.

#GoaCovidCrisis

Trolleys are brought by tractors, Court informed.

Court asks why it cannot be transported using a speedier vehicle.

Nodal Officer says trolleys are designed like that.

Done have enough tractors in Goa: Bench

Yes: Nodal officers.

Goa govt tells it has asked Central govt to enhance oxygen supply from 26 MT to at least 40 MT per day.

Entire Goa needs at least 55 MT. GMC alone needs 20 MT, govt Secretary Ravi Dhawan tells High Court

Govt says it is not possible to increase trolleys. Our supplier is able to produce about 1100 cylinders days. Even if we wish, 72 trolleys is impossible a day: Principal Secretary Puneet Kumar Goel to HC.

At best, we can provide 55 trolleys: Goel

AG says solution would be to shift most vulnerable patients to new super speciality block which won't face oxygen fluctuations.

That is something which Dean and Nodal officer can say. We cannot take a call on who is critical and who can be shifted or not shifted: Court

Court asks whether patients can be shifted.

That will be very difficult. There will be some casualties in the process. Moreover, it will only make minimal difference as far as oxygen is concerned: GMC

Goa Bench of Bombay High Court praises medical professionals.

"You are all living by Hippocratic Oath. You have gone beyond call of duty and done so much for the State," Court remarks.

Several deaths are taking place due to want if Oxygen. We need to find solution. We can't be in denial. You need to tells us how this can be sorted out: Court.

#GoaCovidCrisis #OxygenCrisis

Adv Vivek Rodrigues says if we get 40 MT of Oxygen is made available, all problems will be solved. We have 3000 cylinders which we will fill and keep it at GMC.

The oxygen will have to be procured by State from Centre, says Rodrigues.

#GoaCovidCrisis #OxygenCrisis

As a Constitutional court we recognise right to life and have to ensure life is protected.

It is not our intention or role or expertise to go into supply, logistics etc: Bench.

But because of Article we will now have to give an order saying all of you have to work together so that no person dies to today due to want if Oxygen: Court

Article 21 is completely violated if people die due to lack of Oxygen: Bombay High Court

Court says focus on economy alone is not done.

Economy and life equally important: Bench says contemplating restricting number of people who can be allowed in vehicles bringing in goods.

Court also says as per news paper reports the level of strictness followed last year is not being followed currently.

Court dictating order: Situation regarding supply of Oxygen quite grim.

The material placed before us establishes that patients are indeed suffering and in some cases succumbing for want of Oxygen in Goa.

The affidavit by Dean of Goa Medical College bears out this position. Other affidavits including by persons who claimed to have been actually present at Goa Medical College describe the situation.

For the present, we do not wish to go into the details of the figures in the affidavit submitted by Dean.

We appreciate the submissions made by and efforts by State to find out a solution to this issue of supply of Oxygen.

#GoaCovidCrisis #OxygenCrisis

All the officials have explained to us the issues involved in supply of Oxygen.

Mr Bandekar (Dean of GMC) submitted that by 2 pm they require 500 jumbo cylinders of Oxygen. Further by 10 pm they would require another 250 such cylinder by 10 pm and another 250 by 6 am.

They also said they would require 72 trolley of oxygen if patients admitted have to be effectively treated and there is no death for want of Oxygen supply.

They also pointed out there are over 950 patients at GMC though capacity is 700.

At this stage we can only say State administration has to make further efforts to see that GMC is supplied with Oxygen as indicated above.

Mr. Dhavan and Mr. Thomas have agreed to visit GMC to coordinate efforts to ensure supply of Oxygen.

Mr. Vivek Rodrigues said 600 jumbo oxygen cylinders and 55 trolleys will be made available by M/s. Scoop.

Scoop directed to do that.

State states good vehicles entering State will have maximum two drivers and one cleaner. He states that they will be checked with thermal guns. He also submits that such good vehicles may therefore be permitted to enter Goa without Covid negative certificate

Accepting the conditions proposed by AG, we now waive the requirement of Covid negative certificate for two drivers and one helper per goods vehicle until further orders.

However, such persons will have to scanned by thermal gun to ascertain if they are displaying any symptoms.

If they show symptoms, they will have to be denied permission to ente Goa.

This is not a general license for any person to enter Goa without Covid negative certificate

Statistics before us show alarming rate of death taking place on Goa. This issue will have to be given priority over other issues.

List on May 13.

We are quite sure doctors at GMC and State administration will find out similar solutions on issue of supply of Oxygen., Court says.

Matter to be heard tomorrow.

Tomorrow also we will focus only on oxygen issue, says Court.

[Article 21 is completely violated if people die due to lack of Oxygen: Bombay High Court Goa Bench

#GoaCovidCrisis #OxygenShortage
#BombayHighCourt

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