Thread by @barandbench

The #GoaBench of #BombayHighCourt to hear PIL filed by South Goa Advocates' Association (SGAA) and other petitioners seeking court’s intervention in issues related to COVID-19 management in #Goa.

#GoaCovidCrisis
#COVIDEmergency2021
#OxygenEmergency

Hearing before Bench of Justices MS Sonak and MS Jawalkar.

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.

In the previous hearing, the Court sought a status report from the Health Secretary regard these issues by May 14, 2021. The Court indicated that if satisfied with the report they will hear the matter on Monday.

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Bench assembles, hearing resumes.

#GoaBench
#COVIDEmergency
#Oxygensupply

The Court asks if the oxygen supply has improved and the tank is working.

Adv Palekar informs the Court that he has visited GMC and there is a stark improvement from before.

The Court says this requires appreciation, and they will end the issue of oxygen as of now.

#GoaBench

Adv Palekar informs the Court that there is an issue of oxygen flow meters, there have been instances where people are calling at night.

Court: But we have been told they were provided.

#GoaBench
#COVIDEmergency2021

Palekar: There are wards which I do not want to name as the doctors will face the problem.

Court: No how is that possible? Doctors cannot face any problem. If there is any instance like that, that is not correct.

Palekar begins to submit the wards.

#GoaBench
#GoaCovidCrisis

Court: We will ask the authorities.

Palekar submits about oximeters and medicines.

Court: Let us only look at the urgent issues. We as a high court cannot go into every minor detail. The authorities are also facing an extraordinary circumstance.

#GoaBench
#GoaCovidCrisis

Court: We as a High Court cannot go into the supply of aspirin and other such medicines. You as citizens can also approach the dean with such issues.

#GoaBench
#GoaCovidCrisis

Court then asks the petitioners to submit the issues that they find important.

Palekar submits that the issue of oxygen flow meter is important. He also states that there is a dearth medicines which are crucial and NIV masks.

#GoaBench
#GoaCovidCrisis

Adv Akash Rebello submits on the dearth of beds in hospitals.
He submits that the Super speciality Block beds have to be made operational.

#GoaBench
#GoaCovidCrisis

Adv Nigel Da Costa submits a crucial issue being that he noticed patients lying on the floor outside the hospital.

#GoaBench
#GoaCovidCrisis

Adv Vivek Rodrigues for oxygen supplier informs the Court that they have regulated the supply of oxygen.

Court: During this pandemic, your focus should be on the supply. Do not think about consideration for the moment. We are not saying that is not important.

#GoaBench

Court (to AG DJ Pangam): About the issues raised before us, we are sure you will handle the issues which you find. However we want to appreciate your efforts. You installed the tank in record speed, and before this storm.

#GoaBench
#GoaCovidCrisis

AG Pangam could not hear the court.
The court repeats twice, but the AG is still not able to hear.

Court: We are repeating it for the third time only because we want to appreciate the administration.

Court asks for updates on the buffer stock of oxygen.

#GoaBench

AG: We are managing supply, but we are still working on stocking.

Court: We have heard that Vedanta has converted their plant and they are giving 3 MT to you. If there are other such industries, though we have far and few, but can you speak and convince to them about the supply?

AG: Let us assess this situation and then I will make submissions accordingly.

Court: when you are assessing the requirement do not assess as per present situation. Do it from a possible third wave. Hope for the best, but prepare for the worst.

#GoaBench
#GoaCovidCrisis

Court: You have transferred patients to the 350 beds in the Super Speciality Block so far, what is the situation of others, how much more time?

Because the petitioner has informed us that there are people lying on the bed.

#GoaBench
#GoaCovidCrisis

AG: People in the social media and media reporting that there is problem with GMC.
The problem is critical patients are admitted in GMC, they reach GMC at the very last stage.
Let us have a positive approach, let us not spread such things.

#GoaBench
#GoaCovidCrisis

Court: Yes, and also in the last 3-4 days, there have been improvements, so such a message will go out.

AG: So people should not feel that they cannot come to GMC. There should be rushed when they need care.

#GoaBench
#GoaCovidCrisis

Court: Petitioners should also take care, this is a PIL, they should also send out this message that people should avail of the hospital facilities.

#GoaBench
#GoaCovidCrisis

Court asks for submissions on the ambulances and hearse vans.

AG states that they have released an order for capping prices and anyone violating that order will lead to their licenses being cancelled.

#GoaBench
#GoaCovidCrisis

Adv Nigel submits that the critical patients could use the 108 services, but the less critical patients could have other services like a mini bus/ van.

Adv Rebello submits that #BMC Commissioner #iqbalchahal has worked out a system with Uber where they can track ambulances.

Adv Rebello: Maybe a similar system can be worked out here.

Court: The AG is here, we are holding a discussion here. We will not be passing any directions. This is a situation where suggestions from every corner will be welcome.

#GoaBench
#GoaCovidCrisis

Court: It will not be possible to go into the nitty gritty of the issue. We do not have that kind of system. The suggestions can be considered by the executive and appropriate steps can be taken.

#GoaBench
#GoaCovidCrisis

Court asks govt pleader to convey these suggestions to the AG as there seems to be an issue in the internet connection in Goa.

#GoaBench
#GoaCovidCrisis
#CycloneTauktae

Court asks the authorities to make submissions on the tests being conducted.

AG submits that they are taking steps to amp uptests. Yesterday they undertook more than 4000 tests.

Court notes that there are about 3877 tests.

#GoaBench
#GoaCovidCrisis

Court asks if there was any order which states that negative tests are required only from GMC.

AG says he will get more instructions, but they are ramping up the tests.

#GoaBench
#GoaCovidCrisis

Court then moves to the issue of COVID vaccination.
We have been informed that we have only received 32000 vaccines. We asked for 5 lakh, but we received only these many.

#GoaBench
#GoaCovidCrisis
#COVID19Vaccination

Court: Life is important everywhere. But considering the number of deaths, and the peculiar circumstances where we have over 2000 deaths. Can we not ask the Centre to give us an additional quota considering the circumstance.

#GoaBench
#GoaCovidCrisis
#COVID19Vaccination

AG: Milords may pass a direction. Centre is party here.

Court: A direction at this stage may not appropriate. But then we will ask them to consider our situation. But you at your end also have to make efforts.

#GoaBench
#GoaCovidCrisis
#COVID19Vaccination

Court: Maybe ask them to ensure that the stock that is alloted is sent at the earliest.

AG: We are trying our best.

#GoaBench
#GoaCovidCrisis
#COVID19Vaccination

Court: We are also told that there are vaccines called for second doses of 45+ citizens, but if they are not being used by them, then they can be utilised for 18+ people?
Or advertise properly, asking them to come and take..?

#GoaBench
#GoaCovidCrisis
#COVID19Vaccination

AG: We cannot divert it like this milord. But we are hopeful people will start coming, we should wait for sometime.

Court: We will wait, not a problem. But we want some application of mind here.

#GoaBench
#GoaCovidCrisis
#COVID19Vaccination

Adv Rebello submits that in states like Karnataka, there is an issue for booking vaccines for second vaccines.
He calls it a game of Russian roulette.

Court: Since you used Russian roulette, even we have tried and failed twice.

#GoaBench
#GoaCovidCrisis
#COVID19Vaccination

Court asks the AG to consider this issue.

AG says he will look into the issue.

#GoaBench
#GoaCovidCrisis
#COVID19Vaccination

Adv Rebello: Payments to private hospitals have not been made in the DDYS scheme. So the economically backward people may face issues.

#GoaBench
#GoaCovidCrisis
#COVID19Vaccination

Court: But as we are informed, 50% of the private hospital beds are taken over. So this should be taken care of.

#GoaBench
#GoaCovidCrisis
#COVID19Vaccination

Court moves on to hearing the application for variation in the order.

Adv Akash Rebello submits that he wants to put in a reply.

#GoaBench
#GoaCovidCrisis

AG says there is an urgency.

Court asks Rebello to find out the latest position in Maharashtra and Karnataka and other states.

Court also asks AG also to find out.

#GoaBench
#GoaCovidCrisis

Court says they will take the variation application tomorrow.

AG asks for the Court to include that the position in GMC has improved in their order.

AG: Deaths are more in GMC only because more critical patients are admitted in that hospital.

#GoaBench
#GoaCovidCrisis

Adv Rebello submits that the number of deaths should be released out as it was done before.

Court: But hesitancy of people is also because of happenings in the last few days and the viral videos of the position inside the wards. Isn’t that also a reason for the hesitancy?

AG: In GMC there are two kinds of patients. There are critical patients and there are moderate patients. Critical patients can’t go to any other hospital in Goa. I am talking of them. They should not wait till the last moment.

#GoaBench
#GoaCovidCrisis

Hearing ends. Court will dictate the order passing certain directions in the chamber.

#GoaBench
#GoaCovidCrisis