Thread by @barandbench

#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.

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;

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(2/n)

- 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.

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(n/n)

- 76.99 lakh doses of vaccine received for 45+ age group, 65.88 lakh used;

- 5.16 lakh vaccine doses for the 18-45 age group received against allocated 13.85 lakh doses.

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Bench assembles.

Court takes up a plea concerning the workers of Thar Manufacturing unit, Renault and Wipro unit which produces hydraulic cylinders.

Senior Adv V Prakash makes submissions on industries exempt from COVID-19 lockdown

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Senior Adv Prakash: We are aggrieved by the inclusion of clause 12 (in the GO exempting industries)... there is no sufficient safeguard.

None of the workers are vaccinated... if they get affected, they are just abandoned.

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No social distancing provided in transport or canteen. Workers given facemask, if two workers work closely within plant they are given face shield, Prakash submits

Workers don't have ESI. COVID insurance given for 1 lakhs. This does not take care of non-medical items, he adds

The idea of lockdown is to prevent the spread of infection..then there should be due application of mind... object of classification should be to reduce infection.. (not) profit motive: Senior Adv Prakash

CJ: Mr Prakash, we have to be very slow in this... matter of police.. Govt has permitted it to be open, individual unit has to take a call whether to run it or not. Does not mean that unit has to open.

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CJ: There is a cost-benefit analysis that has to be made. It is for you and your employer. Your employer has to reduce work as it ought to be in the present times... It is a financial decision which the employer will take... keeping the health of employees in mind.

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CJ adds that there are safety norms that Govt has said would have to be followed.

Sr Adv Prakash says not inspections are conducted. Says it is for Govt to do this. Says employees don't have a say with employers.

Court admits the petition. Notices issued to respondents, including State and employers.

Court posts matter on Monday.

Senior Adv Prakash informs that a plea concerning a tire manufacturer will also be moved.

Adv K Alagumani makes submissions concerning ESI hospitals.

Pursuant to Court's query, ASG informs that ESI hospitals come under Central Govt.

CJ: ASG, it is not a bad idea to equip all ESI units all over the country...(making all ESI hospitals equipped to handle COVID cases)

Court issues notice, returnable on Monday. Petitioner seeks all ESI hospitals, Railways hospitals and port hospitals in State to be converted into COVID units.

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Court order: ASG is requested to look into the possibility of ESI hospitals and units all over the State being equipped with facilities to tackle COVID patients immediately.

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Court order: As far as Railways & Port hospitals are concerned, since these are meant for railway and port employees & both railways and port authorities continue to function, these may not be appropriated for general use at the moment. The request is restricted to ESI hospitals

#MadrasHighCourt takes up suo motu matter.

Advocate Naveen Kumar Murti makes mention, says 9 patients died yesterday waiting in ambulance outside the hospital, says there were no beds

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AG says status report has been filed.

CJ to AG: (There are) Media reports that there are people receiving critical care in the ambulance itself.. ambulance is not supposed to become makeshift treatment...

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Court told that number of COVID cases today is high, about 30k.

CJ: But the rate of increase has stopped.

AG: Yes, that is a good sign

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CJ: At least all the government places should have additional, mobile stretchers.. your corridors can house them, probably a lot of people who cant approach private hospitals can...

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CJ: This is like a war-like situation. In wars you have to use your corridors and extra spaces.. doctors are there, they are overstretched, but there is no other way...

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CJ:... using ambulances ... blocked ambulances mean more patients do not get the facilities.. we are just pointing it out to you sir, that these things need to be addressed.

AG says he will communicate the same

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Court appreciates that there is a sharp increase in the rate of testing in Puducherry. But a number of beds in Puducherry may not be adequate, CJ observes.

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Court expresses hope that certain unused hospital facilities mentioned by counsel in Thiruvallavur would be put to use.

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Court notes that oxygen allotment at present appears to raise no issue for the present.

CJ: We are reasonably satisfied with steps taken under the circumstances..not that everything is hunky-dory... bringing to you some of the media reports submitted by some of the lawyers.

Court dictates order.

Records that there is some shortage in vaccines, global tender has been issued, that allocation to State by Centre should not be diverted because of State's decision to call for global tender since it may be a long drawn process

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At the moment there does not appear to be much hue and cry over the non-availability of drug esp since the craze for #Remdesivir having gone down with the public being aware it may not be life-saving...: Court records

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Court records: #Oxygen supply to State has been augmented to 510 MT per day, but the supply of 40 MT from Palakkad to Southern and Western districts may have been stopped from today. might be an area of concern since logistically difficult to supply to Southern districts...

ASG informs that by tonight, additional oxygen supply would come from Orissa

Court records.: ... however, it is possible that additional supply may be coming in from another state (Orissa) as indicated by ASG to make the good loss of supply from Kerala

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Court order contd: Overall, does not appear to be a great dearth of oxygen in State at the moment

Puducherry has also reported that there is a sufficient supply of oxygen, though the number of beds need to be augmented.

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Court order contd.: Report on Puducherry speaks of teams of doctors who visit patients to advise whether patients need hospitalization or further assistance or may be allowed to recover in home conditions

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Court further records: Puducherry has also reported camps, including mobile camps providing tests away from government hospitals and various centers

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Court records: There appears to be a sufficient supply of vaccines even after the second dose is to be administrated to those who have got the first.

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Court further notes: Intervenors submit that queues of ambulances line up outside hospitals used as makeshift hospital beds resulting in other patients in need dying.

Photos of such ambulances have appeared in several newspapers.

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Court records AG's assurance that steps are being taken to ensure that no such queuing up of ambulances happen, so ambulances are not held up.

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Court suggests additional stretchers may be procured by govt hospitals to house patients in corridors and other places particular since this is a war-like situation where treatment has to afforded to all who need the same.

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Court: By and large, things appear to be under control and nothing untoward has thankfully been reported on account of lack of oxygen or the like.

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Court: However, to ensure that there is prevention of a large number of cases in future, immediate steps need to be taken to accelerate vaccination, including creaing awareness, particularly in non-urban areas of the need to take vaccine to protect themselves.

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Court: It is also been pointed out that Deen Dayal College, a medical college in Tiruvallur, closed off some years back still has facilities available.

Court says that these facilities may be refurbished and augmented to make them additional facilities to treat COVID

Court adds: There may be other similarly abandoned/disused places which with little renovation or patchwork may be modified into running units within a week or so.

State and UT to ensure that such places which may be converted to makeshift hospitals are attempted to be so done

Adv Madhan Babu appears for Senior Adv MS Krishnan, raises concern that the sale or #Remdesivir is not taking place as it is projected to be, says that a note has been circulated to AG on how Sec 65 of DMA can be invoked to tackle the shortage.

CJ observes that such information on the availability of resources should be made available on a real-time basis on govt website.

CJ: This info should be available on the website.

CJ: We are told that there is a real-time kind of updating as to beds and things like that.. other people involved in IT can take up to ensure that information is available

Adv S Kumar makes mention of prisoners amid COVID, refers to SC-ordered constitution of High Powered Committees in States for their release so prisons are decongested.

Court records in order: As far as persons in correctional homes are concerned, the state legal services authorities should immediately take up the matter with DGP and state admin to ensure... relaxed rules have been put in place exactly a year ago.

Court: The SLSA should also monitor the condition of hygiene and covid protocol and measures to treat patients at all the correctional homes.

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Adv C Kanagraj makes various submissions. Says TN now appears to be doing better than other States including Kerala.

CJ: Let us not compare, let us hope everybody well. That every living person does well. Let us not be parochial.

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Court records in order that hefty amounts are being demanded by some places for the release of dead bodies.

"Elsewhere in the country, the are reports of people at the crematorium demanding more money to cremate the COVID dead," Court records.

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Court order contd.: The common person also feels the burden of additional costs at private hospitals when no place is available at govt hosp.

In addition to the rather satisfactory work by State, these areas should be monitored so that the common man is not burdened any further

Adv G Senthilkumar makes mention of plea for use of Siddha medicine.

CJ: Let us not confuse, we will keep the matter pending. Let the situation improve.

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Adv Prabakaran makes submissions on a plea concerning vaccination of persons with disabilities.

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CJ: Right now, we have asked the State and UT to look into how to do this vaccination for differently-abled.. but because of shortage, we are not concentrating.. there is no point since there are not enough vaccines

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CJ: Hopefully, by Monday or Thursday, we will get a picture of prospects of getting vaccine. Then we can issue directions for prioritisation of vaccination of differently-abled at some centres maybe even mobile centres. When we know that vaccines are coming, we will take up

CJ asks counsel to make practical suggestions that can be implemented on this issue.

CJ: Please think of what is practical.. we appreciate your coming up, your sentiments. But tell us, give us a suggestion that is practical to implement.

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Counsel says NGO aid may be enlisted.

CJ: Yesterday govt has indicated that NGOs are being used in the field for diverse purposes.. They (govt) wil keep an eye on this, on how to vacinate and give persons with disabilities priority, whenever the situation improves...

Adv Krishnamurthy raises concern that there is not enough public sanitization, disinfection taking place by corporation authorities.

CJ observes this needs to be done since it is an airborne virus

AG says Corpn is following WHO guidelines, bleaching powder not recommended.

Court records in order: Matter pertains to corporations, municipal bodies, and panchayats all over the state using disinfectants as a spray to keep the airborne virus in check. Petitioner suggests that massive spraying activity should be undertaken by the local bodies ...

Court records AG's submission that WHO guidelines as to the use of the material is being followed in the State

Court adds: Since this is also a preventive measure which is suggested by petitioner, the state should ensure to sanitize and spray disinfectant to the extent possible

Court order contd.: ... and (subject to) exisiting constraints to ensure that the airborne virus is kept at somewhat of a check. Advisory in such regard may be isued to local bodies so that villages and small towns may yet be saved from the large-scale atacks seen in urban areas

With respect to #Remdesivir sale through counters, AG informs that since the Kilpauk counter has become crowded, the facility may be shifted to the Nehru Stadium with more counters.

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#MadrasHighCourt again suggests that COVID vaccination, testing be carried out in areas separate from hospitals to minimize the risk of further spread of the virus.

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CJ asks AG: Whether it is logistically possible to remove testing, vaccination from hospital premises...already the infection/ virus is there.. (can it be shifted to where there is less chance.. subject to logistical considerations?

AG: Will certainly consider

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Adv Krishnamurthy: Sorry for the interruption...

CJ: No, no, we are all trying to put our heads together.. without stepping onto each others' shoes.

Krishnamurthy makes submissions touching upon #Remdesivir, says HC rightly noted that there is a craze for it.

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Adv K Krishnan makes submissions for the listing of a plea concerning a Siddha medicine, which is pending before Madurai.

Adv Sreedhar raises concern that people in Puducherry are unaware where to procure #Remedesivir from, that there are no sale counters

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CJ to Govt Pleader N Mala: Hospitals should supply the drug. We are not recording it. Please ensure, hospitals can't just give prescriptions for #Remdesivir. It is not a commercial product available in the market

GP Mala: It is being distributed in govt and private hospitals

CJ: We are not recording.. please advise, government hospitals can't give a prescription for that, they have to supply themselves.

Government Pleader Mala: Will get instructions

Court: Thank you

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Hearing over. These matters will be taken up next on Monday.

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