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#MadrasHighCourt to continue hearing today the suo motu case registered to monitor COVID-19 management in Tamil Nadu and Puducherry.

The matter is before Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy.

#COVID19India

Read an account of the hearings last week here:

ESI hospitals as COVID units, PM CARES for DRDO PSA plants, vaccine shortage and more: Highlights of Madras High Court suo motu hearings

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Bench assembles.

Senior Adv V Prakash makes submissions in matters pertaining to workmen of automobile manufacturing plants and exemption of industries during COVID lockdown.

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If it is going to exempt substantial persons to work, it will defeat the object of lockdown, Prakash argues

I can understand oxygen, medical services but automobile industries.. which has 3.5 lakh workers ... : Prakash

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We do not find anything to interfere with Govt's policy.. govt would have taken into account the pros and cons of the lockdown of last year. There is a presumption... that govt has taken a considered decision: Chief Justice Banerjee

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Number 2, industries are permitted. Permitted does not mean it is "forced". Thirdly, it is for the industries to take care of their workers, Chief Justice Banerjee adds.

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Would the private employer function but for the permission given by the govt. There is an element of public duty on the State.. We had served notice as directed..There is no return filed that they have considered these aspects: Prakash

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CJ: They have important issues to attend. Not saying this is not important... If govt finds this is a health hazard, there is nothing stopping them from stopping this immediately. We will record this as well

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CJ: If govt perceives that this is not working for the good of public health, govt will take immediate measures. We will leave it open for the govt...We dont have the data... to completely lock these industries.

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Prakash says he can place data on the number of employees affected. Requests matter be kept on Wednesday

Court responds that it can keep the matter pending, ensure that all concerned act responsibly.

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Adv Sanjay Mohan for Renault says it has 5k employees

Mohan: We have state of the art protection. Health is most important. We have been functioning since last year with all the parameters in place and we have improved... now we've got 200 buses.. we've got distancing in place..

Mohan: Not a single casualty in the plant ... One officer said factory is better than flat. Reduced three shifts to two

Prakash: We would not have come to court if there was no request from workers, apprehensions regarding their life

Prakash adds that workers who were coming in three shifts are now coming in two shifts means more workers will have to come in one shift and there will be more croding.

CJ asks if the number of workers per shift have reduced since there is no point in reducing work shits unless you are working with fewer employees

Adv Mohan says he will check.

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CJ: We appeal to you. We are not passing orders. You have to assuage the feelings of your workers and take a look at how contract laborers and trainees are treated and the facilities afforded to them

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Court dictates interim order. Records petitioner's submissions and complaints. Records that Wipro and Renault have filed affidavits recording safety measures in place.

Records petitioners' concerns about contract labourers and trainees.

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Court order contd: The petitioners also suggest that the State should indicate the rationale behind its decision to exempt the automobile industry from rigours of lockdown

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Court order contd: Prima facie, it appears to be a policy decision taken by the State to allow certain industries to function despite the lockdown imposed from last week.

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Court order contd: There is no doubt that due consideration would have gone into choosing which industries to exempt... There is also a presumption that safety of working would have been taken into account

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Court order contd: However, at the end of the day, it is a policy decision and unless it is shown that such decision is absurd to meanest mind... the court may not seek to interfere in such a case.

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Court order contd: Further, it is a matter between the employer and the employees as to what measures should be adopted to ensure the safety and well being of all employees

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Court records that Renault has export orders to meet owing to which they are constrained to continue manufacturing activities.

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Court order contd: Hoped that industries exempted from lockdown take independent measures to ensure well being and safety of employees required to attend. COVID protocol has to be maintained at all times.

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Court order contd: Transportation has to be arranged for direct employees, contract laborers and trainees and such others expected to attend ...distancing norms have always to be maintained ...Transportation has to be arranged for all required to attend...office

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Court order contd: State should take immediate app steps in the larger public interest and to maintain public health. In the event, the state finds COVID protocol not maintained at the exempted manufacturing units, immediate approprate steps should be taken.

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Court order contd: State should also monitor the working at various places and advise or restrict the functioning to the extent necessary to no compromise with public health

Matter posted on May 24, State asked to file an affidavit.

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A similar petition concerning workmen in tire manufacturing industries also posted on May 24. Notice already served, court informed.

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Adv Alagumani argues in plea seeking conversion of ESI hospitals into COVID treatment units.

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ASG R Sankaranarayanan informs that ESI hospitals are only for those employees who have availed insurance.

Adv Alagumani says at least during pandemic time, it can be used

CJ says that it can call for additional facilities at the hospitals which the govt may use

Court takes up suo motu case.

CJ notes that while there are some concerns: There does not appear to be any real dearth of oxygen.

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CJ refers to reports that #Sterlite had to close down due to some technical issues

CJ: Has Sterlite begun production?

AG R Shanmugasundaram: Started, but could not carry through.. the problem is, there is some technical issue. I will get the correct picture.

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Court notes that the number of COVID cases has dipped. CJ goes on to refer to IA filed alleging that there has been underreporting in the number of COVID cases.

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CJ: Even the PM has made an appeal that there should be accurate reporting of a number of cases. That not only helps in getting adequate oxygen, drugs, but also study for future use.

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Court refers to the recent death of a judicial officer. CJ observes that orders have been issued to restrict the functioning of courts to remand or unavoidable matters.

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We believe there are sufficient beds, but some areas are reporting shortages. If necessary, court complexes or some building in the court buildings can be converted, subject to cost-benefit analysis and govt policy, CJ observes.

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CJ observes that some appreciable work is being done elsewhere by Gurudwaras. Suggests, HR&CE controlled areas can be used to vaccinate people away from hospitals.

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We notice Govt has taken the decision to supply #Remdisivir directly to hospitals... initially because COVID patients did not have representatives, now because of large queues at Nehru stadium which poses threat: CJ

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ASG informs that COVID vaccine production is going to be increased.

ASG: Production is likely to increase by 30% in a month

CJ: We have a population of 140 cr and even if some children are excluded, that is still a sizeable population.

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Justice Ramamoorthy: Allocation (of #CovidVaccine) to Tamil Nadu seems to be low in proportion to the population.

ASG responds that allocation is being made depending on the number of cases, how many people in the eligible age group.

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ASG adds that if accurate data is given, the Centre can allocate according.

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Adv Naveen Kumar Moorthy submits that there is underreporting of COVID data. Says that there was a relative who died of COVID whose body was returned, saying that it was not a COVID death

Real numbers have not come, he adds.

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AG tells Court that he will ask to check if there is really an underreporting.

CJ: No one can blame this particular govt for having created this. So this govt should be keen on reporting every covid death.. so allocation is appropriate and for future, it becomes an honest study

CJ: This govt assumed office over the last 7 days or so. so No one is going to blame.. so it has all the incentive to report the actual number of deaths and be transparent

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CJ: It (the new govt) has come and imposed a lockdown contrary to the stated stand previously. if it has adjusted and realised lockdown is the only measures, then other parts - reporting of deaths included - are only incidental

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CJ: ...our health care facilities are one of the best. This State would be an ideal study for a case study... not saying govt is responsible. Maybe at the local level, people feel it is better to underreport.

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Adv V Vasanthakumar refers to news report of a boy who was neglected and died of COVID.

CJ says it is unfortunate and that the Court extends condolences, but it cannot pass general orders only on such anecdotal incidents.

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Adv Sreedhar R contends that there are areas in Puducherry lacking beds despite govt's claim that beds have increased

CJ to Government Pleader N Mala: You claim to have a live dashboard, and any time you check the dashboard, this is what you see... on your website you have zero

GP Mala says she will find out if augmentation of beds has been added

CJ: We have also checked and are not getting it.. (if there is a patient to be taken) we will have to go on a lucky draw and go all over the place.. begging and greasing palms.

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CJ: Is there any hotline that tells ambulance drivers where to take patients? Why is it not on the website? The public has as much of a right to know as the ambulance driver.

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CJ: From day 1, your submission is that everything is hunky-dory and petitioners are saying there are no beds

GP Mala (for Puducherry says she will find out whether beds have increased and if it reflected

CJ: Madam we request you, you go on your website and see.

Senior Adv P Wilson again brings up the proposal to start vaccine production at Chengalpettu.

ASG R Sankaranarayanan says that the last date given when the tender was floated is May 21.

@PWilsonDMK

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Adv C Kanagraj says govt can manufacture the COVID vaccine if no private players come forward.

CJ Banerjee and ASG point out that it is only those with the technical capability, know-how, patent rights that can produce the vaccine.

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Vaishnavi Jayakumar, a petitioner, flags concerns over Tocilizumab distribution and certain other issues

CJ notes that in the UOI's affidavit, it has indicated certain indigenous substitutes, adds that the same would be recorded in Court's order

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Vaishnavi Jayakumar says that Tocilizumab is only available in hospitals, says it is unfair that only if the patient is in a particular hospital they would get the drug. Says there is supposed to be a nodal officer, there is no clarity who it is in TN.

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Court says it is now focusing on available resources to tackle the situation.

If you sit down and do a post mortem many can be blamed, even courts could be blamed for not acting earlier, CJ remarks. But the focus now is on how to tackle the situation with whatever available.

Jayakumar raises concern over oxygen supply. Court notes that the situation is not ideal, by govt is trying to work out internal solutions on the ground.

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CJ: There's a bit of rationing going on ... they are tackling the problem at ground level. We cannot, from our high chairs, indicate how to do that.

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Adv C Kanagraj refers to reports of young children and babies succumbing to COVID. Suggest that separate measures be in place for treating such children and babies. Also urges for stringent conditions to control public movt, says there are still people moving.

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Adv C Kanagraj also urges that special measures be in place to treat diabetics suffering from #COVID19

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Will write to the government right away on special treatment for children and babies, AG Shanmugasundaram submits

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From yesterday very strict steps are being taken against people loitering on the road. But police have been advised not to use any force: AG Shanmugasundaram

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CJ agrees some sensitivity should be shown

CJ: We must also be aware of ground realities. If you go to areas where fishermen stay, slums... 10 people cramped together in 1 house, can you expect them to stay inside all day? All don't have lawns and bungalows ...

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GP N Mala says that if the dashboard is visited now, it shows 461 Isolation beds and a certain number of oxygen beds and other facilities.

CJ: If dashboard says that, very good.

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GP Mala adds that there is also a unique problem in Puducherry as people from nearby Villupuram and Cuddalore come to Pondicherry as they have better hospital facilities.

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Plea for measures to facilitate COVID vaccination of persons with disabilities taken up. Adv Prabakar urges for directions to evolve SOP

Court says matter will remain pending, but it cannot be taken up at present since vaccines are in short supply, vaccination not in full swing

Court dictates interim order. Records that status reports have been filed on beds, supply of oxygen and distribution of essential drugs.

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Order contd.: Unfortunately on the vaccination front, there appears to be a standstill and it is unlikely that a full-fledged vaccination drive can be undertaken before adequate supplies are received.

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Court records Centre's letters re allocation of resources. Until May 23, 3,50,00 vials of #Remdesivir for TN.

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Court order contd.: There appear to be certain anomalies in the distribution particularly based on positive cases in particular states. ASG has been requested to look into the basis for allocation

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Court records Centre's submission that India is dependent on import of Tocilizumab.

Court: However, the Drugs Controller General indicates that there are alternative domestically produced drugs whether equivalent or better than Tocilizumab ... (3 drugs mentioned).

#MadrasHC

Court order contd.: There has been an unfortunate death of a judicial officer, surge of cases, particularly in southern districts, though number of positive cases in the State has come down marginally. Acc to State, facilities in Chennai adequate to meet present requirements

Court records concerns that elderly patients are finding it difficult to meet oxygen requirements.

Court order: Needs and concerns of others should also be kept in mind and addressed without compromising such cases only in the wake of the pandemic.

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Non-covid patients should be able to receive oxygen. Local authorities should take appropriate measures to ensure continuous supply for such purpose, says #MadrasHighCourt

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Court records that sale of #Remdesivir through Nehru stadium has been stopped due to the huge crowds and risk of COVID spread. Supply is now to hospitals after appropriate verification.

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Court records concerns of massive bills generated by private institutions affording health care facilities. Court records concerns of underreporting COVID cases. Notes ICMR guidelines.

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Court order contd: It is necessary that accurate numbers are indicated so that allocation of drugs, oxygen and even vaccines can be made based on the true figures.

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Court order contd: In any event, it is necessary to maintain and furnish accurate records, if only for the case study to appropriately result in a solution for the future.

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Court order contd: At any rate, the testing rates should not dip to artificially so lower numbers.

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Court order contd: Several intervenors keep repeating that despite UT's assertions as to augmentation of beds, in Puducherry proper, there may not be adequate beds to deal with cases. However, figures furnished by the UT indicate an adequate supply of oxygen, Remdesivir and beds

Court order contd: There does appear to be a death of beds, oxygenated and ventilator beds in Puducherry proper as even the website reflects the same

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Court order contd: Be that as it may, endeavour to augment beds should continue as the increase in number of cases appears to be heavy though rate of increase has shown a dip.

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Court order contd: The manner in which dead bodies have been kept in the hospital wards several hours after the death of the patient and the manner in which some deaths are not attributed to covid and the protocol in such cases is not maintained have also been highlighted...

Court order contd: It is submitted, dead bodies of patients are kept in wards, demoralizes other patients. Surely, authorities need to remove dead bodies as soon as possible. Bu, also to be appreciated that no. of deaths may be more than mortuary facilities available at hospitals

Court: However ... if there has been a COVID death, even though the overwhelming factor may have been other comorbidities suffered by the patient, protocol has to be maintained so the body is disposed of in acc with protocol and body does not become a source for further infection

Court order contd: In several cases, there appears to be a lack of dignity in how the dead bodies are treated and all concerned should make every endeavour to accord a level of dignity to the departed at least for the final time.

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Court takes on record that there are two large ESI hospitals in TN controlled by Centre, remaining controlled by the state.

Court notes ESI hospitals are meant for those contributing to that fund.

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Court order contd.: ... ven though COVID wards may be created in these (ESI) hospitals, the entirety of the hospital cannot be converted to COVID units. However, the ESI dispensaries may be used as vaccination centers as and when the vaccination drive gets into full gear.

It is left to the govt and local authorities to see if COVID restrictions should be made more stringent, "keeping in mind that not all residents have the luxury of convenient accommodation within the walls of their residence."

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Court order contd.: Based on some media reports, submitted that children may be more vulnerable to the virus immediately or in the forthcoming months, some further plans need to be put in place ...

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Court: Children are more difficult to control even if they are admitted to hospitals & beds are available. Children need additional care, may not respond to unknown persons... area needs to be addressed so there is a plan in place should pandemic divert its attention to children

Court: The High Powered Committee looking into the case of persons who remain in correctional homes should be revived at the instance of the TN and Puducherry Legal Services Authorities ...

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Court order contd.: ...for the purpose of ensuring there is no overcrowding in correctional homes and that persons, particularly undertrials, may be released temporarily as indicated in the relevant order passed by the Supreme Court in 2020 and on May 7, 2021.

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Suo motu case to be taken up next on Thursday.

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Prime Minister also appealed to report accurate COVID-19 figures; would aid in allocation of drugs, oxygen, vaccines: Madras High Court to TN

report by @meera_emmanuel

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@PMOIndia

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