Thread by @barandbench

Karnataka HC to shortly hear a case registered suo motu after the Court received two letters on Covid-19 Management in the state.

#CovidIndia
#COVIDSecondWave

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

#CovidIndia
#karnatakahighcourt
#CovidIndia

Bench: Call out other petitions except main petition.

Bench: Issue notice. Returnable after 3 weeks.

1, 3 and 4th to file SOB. Court clarifies that this writ petition will be tagged with the main petition.

Why should we entertain by a political leader? Bench asks while dealing a please selling to issue mandamus against ISRO.

As member of legislative assembly, you won't do anything for the people. Have you done anything for your constituency? : Bench

Tell me, how many beds have you procured? This is a frivolous petition.

This is a publicity petition. We are dismissing it with heavy costs.....
We will take it up at 12:30, talk to your client : Bench

Court hears another petition filed on behalf of private hospitals

If they have a grievance, let them come. Before the Court. They are capable of coming before the Court.
There is no need for a political leader ro do that : Bench

We can't direct govt to give certain quantity of oxygen to a hospital in a particular district...

Raise these issues (on oxygen). You are the leader of the opposition, powerful : Bench

#CovidIndia

If you want to take up the cause of private hospitals, make a list then make a representation and come to the Court.

Then we will consider it : Bench

#Karnatakahighcourt

This WP has been filed by leader of opposition. As far as first
Prayer 1 is concerned - it is action to be taken against private hospitals in bagalkot district.

Hospitals have admitted patients in excess. Names of any other dedicated private covid hospitals not set out:Bench

Assuming that what is stated is correct, case of each private hospital will have to be considered separately on facts

Prayer 2 - additional covid beds not made available in the State. The petitioner may make a representation to the govt : Bench

#Karnatakahighcourt

Prayer 3 - 14 kl of oxygen for every hospital in bagalkot.

We cannot presume that every hospital requires 14kl of oxygen each day. Requirement of each hospital everyday may be different : Bench

#Karnatakahighcourt
#CovidIndia

Why political leaders have started coming to courts, we fail to understand.

Today we find 3 petitions by political leaders. We have been hearing matter for 14 months.... It may be coincidence : Bench

#Karnatakahighcourt

Order: First prayer regarding collection of swabs for RTPCR tests from remote villages..

State will have to be arrangements. We direct this issue shall be considered with the main petition. State to file response on main date : Bench

Court deals with another plea on vaccination.

Bench: Madam, there is an acute shortage of vaccinations. Maybe you have not reads our orders. We will go into that.

ORDER: Court issues notice to Centre, State.

#Karnatakahighcourt

What is position regarding Covaxin? Bench

8,11,600 vaccinations available totally. Covaxin 97, 440 doses : State.

For Covishield, time is extended. We are only dealing with covaxin : Bench

#Karnatakahighcourt

The expert committee has increased time gap as far as Covishield is concerned : Court

#Karnatakahighcourt

3,55,000 people will not get covaxine second dose. From where are you going to get it? Bench to Centre

#Karnatakahighcourt

Advocate General Prabhuling K Navadgi says out of 4,55084 people who have completed first dose of Covaxin and we have 97,440 doses. We have a total vaccine stock of 8,11,600 vaccines.

#Karnatakahighcourt

Is it not the failure of vaccination policy? More than half, 2 lakh people will not get covaxin: Bench

There is a shortage.. we accept it : AG

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Is it not correct that they have to again take the first dose if 1,94,000 people will not get second dose : Bench

What should be done in their cases? Bench

We have to work a solution for the State of Karnataka : Centre

#Karnatakahighcourt

ASG Aishwarya Bhati: People who have contracted covid, will have to wait for three taking before taking vaccination doses, first and second.

Covaxine cannot be taken out of thin air, there are only limited doese....we have to work a solution.

#Karnatakahighcourt

This un-anticipated demand for vaccination. We will sit with Centre ... : Bench

Large section of society above 60, who are not registered. And now, people above 45 will get vaccines. In rural areas, people may not know the requirement: Bench

#Karnatakahighcourt

About 7.15 lakh, almost 2 lakh people need second dose. How are you going to utilize it? Is there is a rational policy....will you give priority to people above 60 years ? : Bench

#Karnatakahighcourt

How many people have taken covishield as first dose as of today, we need to know : Bench

AG informs 9 lakh

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Bench: We take it that going by these figures, we say that in near future no one will be getting the first dose.

AG: I did not say that.

Bench: We are doing simple arithmetic

#Karnatakahighcourt

State must give projected figures by May 31, for x number of people, second dose covishield will become overdue ? Bench

Has State put down the figures on paper... Bench

#Karnatakahighcourt

Now State will have to tell us when it can give the First dose... Bench

Second dose is our immediate priority: AG

Bench: We know that there is no magical wand to make vaccine. Let the people know about the availability of vaccine and they should be more prepared, wear mask.

Don't give false hope to the people that they will get vaccine.

#Karnatakahighcourt

The picture that is being show as of now is that everyone will get vaccine. State and Central govt must make inform the people.
The state govt must come out with a white paper on availability of vaccine : Bench

#Karnatakahighcourt

AG: It is our duty that those who have been given first dose be given the second dose.

Bench: Should there be not a policy to whom it will be given?

AG: We will come out with a policy

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Bench: As of today who is getting first dose?

AG: Front-line workers and health workers.

CJ: So why don't you (state) go to the public and make a declaration so that people don't go to vaccine centers with hope and come back without being vaccinated

#Karnatakahighcourt

Bench: Today 2 people go to diff vaccine centres one is 50 other is 60 year both have completed stipulated weeks.

Due to shortage of vaccine, one will get and the other will be turned away.

This is violation of Article 14. We are on Art 14.

#Karnatakahighcourt

ASG Bhati: As of today, there is no prioritisation policy by the Central govt. This is to the best of my knowledge.

If it is required, there will be prisritisation for second dose also

#Karnatakahighcourt

Bench: State has placed an order for 1 crore Covaxin and 2 crore covishield doses before May 5 and you do not till now have it?

AG: I just received instruction, we are hopeful of getting the doses from the Central govt and the prvt manufacturers.

State is in serious trouble with regard to covaxine : Bench

#Karnatakahighcourt

In any case, we have noted only health and front line workers will get vaccination (first dose) : Bench

Shridhar Prabhu submits that private manufactures are giving even first doses without any hindrance.

Union can control only govt based centres : Prabhu

#Karnatakahighcourt

Prabhu: The Cowin App does not recognize the lapse of second dose.

Even if I take it after a year, it will recognize it as second dose.

#Karnatakahighcourt

Prabhu: Nobody as of today can book slots on the app even when it is said that so many vaccines are available.

#Karnatakahighcourt

If second dose is not effective after 15 weeks will it be national waste : Bench

Concept of lapse, what happens requires some expert opinion : AG

#Karnatakahighcourt

Bench: Covishield earlier was 4 to 6 weeks then it has now become 16 weeks.

If state wants to effectively implement the vaccination, it cannot say that let the second dose lapse.

That should not be the stand of any govt.

ASG: And that is not the stand

#Karnatakahighcourt

When there is expert body we will have to rely on it completely, we cannot pick and choose.

It has increased the period for Covishield but not Covaxin....some significance has to be given to it : Bench

#Karnatakahighcourt

The whole point is that people get vaccinated and have immunity against the virus : Bench

#Karnatakahighcourt

Bench: Nobody should have the mindset that like "what will happen if dose is not given after six weeks".

Let it not be like a ritual that needs to be completed.

#Karnatakahighcourt

Senior Adv Jayna Kothari: Private Hospitals are holding vaccine camps in Apartment complexes, so some direction should be given by State, Court regulating private institutions.

Adv GR Mohan: There is no regulation on pricing for vaccine by private institutions.

#Covaxin

Adv Clifton D Rozario: State has to prepare a roadmap irrespective of Centre's policy with regard to Art 21 -vaccination for all.

Third-wave may affect children.

Bench: Now vaccination is available only for 18+.

#Karnatakahighcourt

AG: Let my friend know there is no vaccine for people below 18 years of age.

ASG Bhati: Trials are going on for vaccines for children internationally.

#Karnatakahighcourt

Amicus now bring to the notice of an application for considering vaccine for Advocate as frontline workers.

AG: Milord may not pass any order, we are actively considering it.

#Karnatakahighcourt

AG now points to a representation seeking the Armed forces to take over Covid facilities.

Adv Anu Chengappa: We are only bringing it to the notice of the court about ground reality and not seeking any directions.

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Bench: How army can be well equipped to handle a health situation? Where are the doctors, nurses? Who will man it?

Chenappa: I am saying only with regard to setting up of hospitals, beds etc

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Adv Abhinav R says that SMS messages are sent to people for going to vaccine centers for getting a second dose.

Even BBMP has blocked the Cowin portal.

#Karnatakahighcourt

Bench: If there are concrete instances you fwd it to the amicus he will fwd it to the AG.....we don't think blocking is possible.

ASG Bhati: The Cowin app/portal cannot block it, i am hearing this for the first time.

#Karnatakahighcourt
#COVID19

BBMP Counsel we have not blocked it and it cannot be blocked.

Amicus giving details to the court about the interface on the Cowin app.

#Karnatakahighcourt

Bench: We are looking for a rational policy where all people will get the vaccination.

ORDER: Vaccination,

The situation regarding vaccination continues to be critical. Our attention invited to memo filed by GOI on 19th May.

The letter records these conclusions drawn by experts body

Recommendations:

Second dose of covishield can be administered between 12-16 weeks instead of earlier 6-8 weeks.

Interval between 2 doses Covaxine remains unchanged.

We are not going into the question of the consequence of the late administration of second dose.

Imperative that recommendations accepted by GOI is followed in true letter and spirit : Bench

70% of vaccinations be reserved for second dose. AG says that first dose stopped for covaxine and first dose covishield only front line workers.

22 lakh received second dose of covishield. Therefore, going by para 6 of SOB, 58.34 lakh will require second dose in future: Bench

Broadly, it can be said that out 58 lakh, 1.44 lakh people completed 12 weeks.

AG states that as of today 7.14 lakh doses available. Memo filed by Centre notes 9.17 dose would be supplied by Centre and 7.04 doses can be directly procured by State.

7.04 will be available for use of the State and this figure does not include doses that will be available for private agencies. As far as Covishield is concerned, looking at larger picture, there is going to be shortage of doses.

State to place on record what efforts it has made to procure 7.04 doses.

Written submission of state govt indicates that a total of 58,34,050 beneficiaries will be due for 2nd dose in due course in the future.

Second dose of covaxine to be administered between 4 weeks and 6 weeks. Only 97,440 doses of covaxine are available.

Going by the stand taken by GOI, in the second fortnight of May 2021, 1.64 doses will be allotted to State, State to purchase 2.44 by direct procurement. We direct the State to place on record the steps it has taken to procure the same.

More than 4 lakh beneficiaries will complete six weeks, Therefore, even as regards covaxine, there is a serious issue of shortage of vaccines. One issue canvassed across the bar, whether a person who does not get second dose fixed by experts, will have to take first dose all....

.....over again? We are not going into this question......we are going to vaccination only in the light of Right to life. We direct State, Centre to show what steps it has taken to those beneficiaries who have completed 6 weeks of covaxine first dose.

The question is private agencies can be permitted for administration of first dose to persons?

Second, through State, even those above 60 not getting vaccines. Can private persons be allowed to permit the administration of a second dose to those above 45 years?

We are not only dealing with Right to health but also violation of Article 14. When there is acute shortage, State will have to come out with rational policy on this which is fair. Policy to be filed on next Tuesday.

Even GOI should take a stand on this issue in context of situation prevailing in Karnataka - whether private agencies can be permitted to administer first dose.

Our attention invited to a letter dated 18th May, last part suggests that army is best equipped to deal with pandemic

Not necessary for us to deal with such suggestions. We are dealing with serious issues. Restraint will have to be shown by everyone. We may note here, we are dealing with only violation of constitutional rights in the context of COVID-19.

We are not suggesting in what manner administration should be done by the State.

#karnatakahighcourt

Court questions BBMP on the issue of burials and crematoriums in the light of Right to dignified burials

#karnatakahighcourt

AG: On the issue of Chamarajanagar incident. As was suggested by the court, State has decided to pay a compensation of Rs 2 lakh to families of the 24 victims.

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Bench: We are not saying whether the amount is adequate or not it should be paid immediately.

AG: It will be paid immediately.

Bench: Mr AG what is the situation as regard Oxygen?

Amicus: A member of bar contacted me, because of a spurt in deaths it is difficult to file a form under form 2. Can the state condone this period of 21 days in the present situation..?

ORDER

Still supply of oxygen does not meet requirement of the State. On 17, 18, State has not procured entire quota allotted to it.

No compliance with buffer stock for each district.
District wise break up of buffer stock in each district should be placed on record

Availability of beds

272 HDU beds, however only 12 ICU and 7 ICU with ventilator beds available. Sridhar Prabhu suggests, data of beds private hospitals not shown. BBMP to consider this.

Crematorium

AG states that a 240 is capacity is available in the city crematorium and 180 is the capacity of open ground crematorium. The website of BBMP shows that slots not available in the crematoriums.

Court also records compensation of Rs 2 lakhs to be awarded in Chamarajanagar incident victims.

Hope and trust that assurance is acted upon immediately. Pertinent to consider if only 24 deaths were there : Court

#karnatakahighcourt

AG files a note (in envelope) on delay in communicating test result of RTPCR test. Report does not answer on causes of delay. State owes explanation in the matter.

Person whose swab is collected must get intimation of result within 24 hours.

State to explain what action taken against lab : Bench

Give us specific instances of lathi charging, police excesses amid pandemic. Your petition is very vague : Bench

#karnatakahighcourt

Bed Allotment scam.

The report submitted by State to be resealed and kept on record: Bench

@Tejasvi_Surya
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What is the status of remdesivir? Bench

60,000 vials allotted per day: Centre

#karnatakahighcourt

The matter will be next heard on Tuesday 4:15 pm.

#karnatakahighcourt