Thread by @barandbench

Delhi High Court to continue hearing petitions concerning issues arising out of #COVID19 in the national capital.

Hearing before Justices Vipin Sanghi and Jasmeet Singh.

#DelhiHighCourt
#DelhiCovid19

@CMODelhi @LtGovDelhi

Hearing begins.

#DelhiHighCourt

Quite a few SHOs and accused persons have logged.. delayed service perhaps.. the court had renotified: Amicus Rajshekhar Rao

#DelhiHighCourt

This is a suo motu notice for violation of our order dated May 2.. there is no Petition: Court

The whole story is false. I was granted bail : Counsel for an accused

We are not holding you guilty today. You will file your reply: Court

#hoarding
#DelhiHighCourt

You may all appear on June 3. You can email to the Amicus whom are you appearing for : Court to those present for several accused in hoarding matters.

#DelhiHighCourt

We've issued notice on the basis of FIR. We have not taken any view : Court clarifies.

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Court records order, directs those present today to appear before it on June 3.

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Rao says there is a note on GNCTD compliances sent to the Court.

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Rao proceeds to take the Court through the note.

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Some are compliances that can be closed. It is as of May 16 but we've received a lot of paperwork in the last two days, says Rao

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Things are moving smoothly: Rao on oxygen supply front.

Entire pressure is non existent presently..we have a sizeable buffer stock : Senior Adv Rahul Mehra

#DelhiHighCourt

Most of the refillers are not complying with court and GNCTD orders.. in the past also the refillers have not appeared. Either we will not take some coercive steps against some people.. if trend remains, we will be left with no other option : Mehra

#DelhiHighCourt

Provide the details of these refillers and we will direct them to be present: Court

#DelhiHighCourt

Mehra reads the order directing refillers to provide information with respect to their supply to GNCTD.

#DelhiHighCourt

Court records the submissions in the order.

Since there was extreme dearth of inter alia oxygen and refillers were also hard pressed to deal with the situation, we consciously did not take a strict view of the matter despite non compliance : Court

#Oxygen
#DelhiHighCourt

The direction was issued because there was leakage of oxygen and cylinder were being sold at exorbitant prices. Since situation was now eased there can be no reason for refillers to not the system in place and make it operational with regard to regular updates: #DelhiHighCourt

We direct all 15 refillers.. to remain present before this court on May 24.. notice shall be served by the nodal officer: Court

#DelhiHighCourt
#Oxygen

Court adds that the refillers have to come virtually.

Issue of health workers has been complied with : Rao

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Mehra takes court through Delhi govt status report on accomodation.

This much better position.. district wise data is provided. We have 40 doctors who have opted for room in central district.. we have provided how many rooms are there in which hotel : Mehra

#DelhiHighCourt

It is not surprising that in East and North East you don't have hospitals? : Court

That is right. We have GTB...our flagship hospital. Everyone comes there: Mehra

It's high time you establish a good hospital there also : Court

Point well taken : Mehra

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This is not a static facility. Those who ask for it are being provided: Mehra

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Paramedics and support staff.. it is all others.. everyone is included. If Mr Venugopal can identify, we will include : Mehra

Mehra says facility is for government hospitals.

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Court points out that senior Adv Krishnan Venugopal had also raised issue of transportation.

I don't have instructions. We will look into it : Mehra

#DelhiHighCourt

Adv Aditya N Prasad raises issue of police personnel contracting #COVID19.

#DelhiHighCourt

Some substantial arrangement must have been made for them: Mehra

You file a report on this : Court

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Court asks about what is the status of accomodation for doctors etc in private, charitable hospitals.

#DelhiHighCourt

We don't have the luxury of time. It has to be done in day or two : Court

Adv Aditya N Prasad pressed for an order by govt to ask Private hospitals to also give accomodation to doctors, nurses.

#DelhiHighCourt

In hotels, those hotels are being preferred where they are creating a balloon for their staff. Staff is on rotational basis.. everyone is tested and customers feel secure : Mehra

#DelhiHighCourt

We will write to them and have some facility is place .. : Mehra

A line could come in the direction : Satyakam

Hospitals may say they don't have the funding to take care ... : Rao

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Those with add to the existing burden.. somebody has to think this through. If Delhi govt can negotiate proper rates.. so that hotels are guaranteed certain amount of business at a negotiated rate : Rao

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Let me just place it in the right context. Everyone is COVID time is suffering. We can't create a class among nursing homes. We can't be asked to discharge their function : Mehra

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There is no data to suggest they are suffering. There is no auditing..when you audit, you come to know a lot of things.. bills are running in lakhs of rupees: Mehra

#DelhiHighCourt

If Private hospitals are to provide, they can do a better job at negotiating rates than the govt..even if they are charitable, they don't have unlimited sources: Court

#DelhiHighCourt

There are some that are definitely not charitable. Why should he expect them to be charitable. We just want it to be a reasonable amount...: Court

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Rao says his issue is that it shouldn't be a blanket order by GNCTD.

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We are not saying hospitals should absorb. As far as necessary, it will be passed on : Court

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When we are issuing directions, we should be mindful of economic consequences.. : Rao

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Rao says bulk negotiations are always beneficial.

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If a nursing home can afford only dharamshala for their workers then be it. Who are we to say.. you can't have a straight jacket formula : Mehra

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It is only to prevent the spread.. if it is necessary, that option has to be given. Nobody can compel. For the time being, let us not burden the State : Court

#DelhiHighCourt

Mehra emphasizes the importance of Hospitals sharing real time data with the government.

We can't be so naive that this is the last time that we are seeing this in our lifetime: Mehra

#DelhiHighCourt

We can give best of data, if it doens't translate into real time data it is nothing.. work is in progress. Tendor would be floated...in 6-9 months.. everything will be integrated in one system: Mehra

#DelhiHighCourt

Court records submissions on providing accomodation to doctors, nurses in order.

#DelhiHighCourt

In our view, it is desirable that such facility bis available to all frontline workers.. so far as aspect of financial burden is concerned, we have asked GNCTD to discuss the charges of hospitals .. : Court

Mehra asks Court to not comment on this aspect.

#DelhiHighCourt

Say that.. the rates that the hospitals would be entitled to fairly charge is under discussion with the government.. all such aspects can be raised during those discussions: Court

#DelhiHighCourt

Let GNCTD examine issuing order under DM act so that such facilities are made available to workers in private and charitable hospitals. Hospitals being run by Municipal corporation and centre should similarly provide facility to health workers: Court

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Further status report be filed by GNCTD, UOI and municipal corporations : Court

#DelhiHighCourt

So far as Delhi police is concerned, let status report be filed by Delhi Police on facilities available to them : Court

This aspect we'll take on Monday : Court

#DelhiHighCourt

Court records submissions on issue of transportation of healthcare workers.

#DelhiHighCourt

State shall take steps in this regard as well. The UOI and MCD shall similarly act on this direction: Court

#DelhiHighCourt

There is some progress.. Mr Rao may place it as he is chairing the meeting.. : Mehra on hospital rates.

Mehra says a stand has come to form a Committee.

#DelhiHighCourt

I want clarity on behalf of government: Mehra

They have come back with alternative on rates.. hospitals also been to come forward: Rao as he says that 24k has been suggested for a NABL approved ICU bed and it has exclusions.

#DelhiHighCourt

It is a question for GNCTD.. suggestion was if an interim hike could be given : Rao

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This is not something we would like you (amicus) to get involved in. They'll come with some suggestions.. let DGHS.. : Court

#DelhiHighCourt

DGHS would be the right person to take a call : Mehra

Take a view which can be worked and does not impede the services.. it shouldn't be that you give such a raw deal that you break down.. you shut down should never be the attitude: Court

#DelhiHighCourt

We must find an equilibrium somewhere.. last year everyone was happy with 18k.. it will be more than that: Mehra

Hospitals said they made several representations. It is not that everyone was happy.. : Rao

#DelhiHighCourt

I can also place several representations saying hospitals (charge too much) : Mehra

Court says even 18k is too much for a middle class family but that can't be the reason.

#DelhiHighCourt

Just be reasonable. It can't be a one sided approach. Medical community is putting their foot forward : Court as it notes that doctors have even passed away.

No gainsaying in putting that across : Mehra as he says that hospitals have to be differentiated from doctors

Mehra stresses that Hospitals can't be allowed to exorbitantly over charge.

#DelhiHighCourt

Some may have to shell out more because of their medical conditions.. things are not required by all. Whoever requires, has to pay more : Court

Rao says aid given by govt may be factored it.

#DelhiHighCourt

Rao suggests fixing CGHS rate for certain services.

#DelhiHighCourt

It is equally the duty of central government .. I will appeal to the UOI to look into it. Teachers are not getting paid : Rao

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Rao says Delhi is also in a peculiar situation with respect to its relation with the municipalities.

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Mehra says the decision to be taken by DGHS may be time bound.

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Court begins recording the submissions.

#DelhiHighCourt

Court records that it had asked GNCTD to re examine its order fixing price cap on hospital rates in view of several hospitals being made into 100% COVID facility.

#DelhiHighCourt

Court records that it directed that a meeting be held between hospitals and GNCTD officers.

#DelhiHighCourt

We are informed that meeting was held on May 14th. Mr Rao states that two sets have hospitals have made submissions. One set has suggested fixation of basic rates of beds and for other services z CGHS rates be fixed. Other group has desired formation of committe: #DelhiHighCourt

We now leave it to the Principal Secretary Health, GNCTD to examine the same and take a decision. We have no doubt that the decision would be balanced.. : Court

#DelhiHighCourt

Whatever decision is taken, be placed before court on Monday: Court

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Rao raises issue of Delhi govt, centre getting cryogenic tankers for oxygen.

#DelhiHighCourt

Hospitals are not giving data.. it was argued that we should not burden them but court said that they have to : Mehra

#DelhiHighCourt

Somebody should pull them up. We don't want to be the ones to do it : Mehra

Why? Why should we be the bad guy : Court

Hospitals run to the court.. : Mehra

We'll see. They have a right, they'll come and we'll scrutinize your actions : Court

#DelhiHighCourt

We'll request them one final time : Mehra.

Talk to them : Court

We'll have one meeting: Mehra

#DelhiHighCourt

If nothing happens, we'll take action in accordance with law : Mehra

#DelhiHighCourt

The message should go out that while we're considering the rates.. it has to be a two sided approach: Rao

#DelhiHighCourt

Whenever we called up the hospital, we were able to reach. Oxygen beds were available. We are living in slightly simpler times : Rao

#DelhiHighCourt

Ideal situation is that whenever entry is done at their end, it gets reflected.. : Mehra

#DelhiHighCourt

Court records the submissions on obligation of hospitals to update data on admissions.

Despite our directions, hospitals are not updating, Court records.

#DelhiHighCourt

Principal Secretary Health GNCTD should again communicate to hospitals and nursing homes their obligation to comply with the directions. We hope and expect that they would comply with the same : Court

#DelhiHighCourt

We would like to avoid taking any unpleasant action.. we make it clear that if we find that there is deliberate disobedience, we would not hesitate in taking precipitate action : Court

#DelhiHighCourt

Court seeks status report and list of hospitals not complying with the directions for further action in the matter.

Most people seem to have been updated in the last two hours on Delhi fights corona website: Rao

#DelhiHighCourt

If they're doing it, we won't do anything about it : Satyakam

If we find improvement, we won't take action: Court

#DelhiHighCourt

Next aspect is cryogenic tankers.

It is not such a live issue right now : Rao

We are trying to look at the situation 3 months down the line .. we are taking steps to make ourselves more independent: Mehra

#DelhiHighCourt

What about the UOI : Court

We will place a report on that : Adv Nidhi Mohan Parashar for Centre

You can't say tankers are only the State's baby. You have to take action on this : Court

#DelhiHighCourt

Mehra says GNCTD is going beyond the order.

Centre is giving oxygen. We are in a much better situation. We can't leave the citizens in helpless situation like it was a few weeks back...We will put our house in order : Mehra

#DelhiHighCourt

Court asks what is the meaning of GNCTD has "mobilised" six tankers.

Tankers should be available 24*7: Court

#DelhiHighCourt

It is the exercise we are undertaking. Nobody will have lien other than citizens of Delhi : Mehra

It should be owned then : Court

#DelhiHighCourt

Mehra says it is the endeavour of the State.

Is it an endeavour or is the endeavour complete? : Court

In the next few weeks, we will buy it : Mehra

#DelhiHighCourt

Court asks why few weeks.

Mehra says tankers have to be imported and the process is cumbersome.

#DelhiHighCourt

Emergent situation requires emergent action : Court

#DelhiHighCourt

Court says it wants status report on the status of procurement.

We would like to place in a sealed cover : Mehra

#DelhiHighCourt

Senior Adv Venugopal says there should be a blueprint from Delhi govt on oxygen supply.

#DelhiHighCourt

We need to see a plan : Venugopal

Mehra says it is part of the Amicus report.

#DelhiHighCourt

Venugopal says counsel are not given the Amicus or govt reports.

#DelhiHighCourt

We have already passed that housekeeping order: Court

#DelhiHighCourt

Venugopal suggests putting the status report on a website or be sent to a 'list'.

These are transparent proceedings to which everyone should have access unless something is confidential: Venugopal

#DelhiHighCourt

Mehra says the mechanism is working well.

Everything is put through the amicus: Satyakam

#DelhiHighCourt

We have directed.. relevant status reports are shared with the counsel: Court

It is episodic... every time I appear, I've to trouble the amicus on each ocassion: Venugopal

#DelhiHighCourt

Whatever issues are being raised, after taking note we call for status report. There is no harm on yoy contacting the counsel.. and then that can be procured: Court

#DelhiHighCourt

No doubt these are public interest proceedings, if we put everything out..a lot of busy bodies.. it is not a panchayat. We don't want a party going on here making suggestions : Court

#DelhiHighCourt

Court says orders are uploaded and one will know what issues are raised.

#DelhiHighCourt

Venugopal says Counsel who are regularly appearing could be on the circulation list.

Let it be.. : Court

#DelhiHighCourt

Court says status report on issues raised by counsel is given to them.

There is nothing to hide but there are restrictions: Satyakam

#DelhiHighCourt

Mr Venugopal, your concern has been put to Mr Satyakam..Ms Parashar you may also..: Court

#DelhiHighCourt

Court records submissions on augmenting cryogenic tankers.

We are as a responsible State going beyond Surpreme Court order.. the court may ask the Centre to place it.. we will place it before the Court : Mehra

#DelhiHighCourt

You are taking steps. You tell us what steps you're taking: Court

#DelhiHighCourt

Court records Mehra's submission that primary responsibility is of the Centre as was said by Surpreme Court.

GNCTD in any event as responsible govt is taking steps to procure cryogenic tankers: Court records Mehra's submission.

Court seeks status report from Centre, Delhi.

Mehra seeks permission to place in sealed cover.

We don't have the details to come in public till the tankers have been procured, says Mehra

Court permits Mehra to place status report in sealed cover.

#DelhiHighCourt

Rao raises issues with respect to the indexing of info on Delhi fights corona website.

#DelhiHighCourt

Mehra says there was a mismatch on the website and it has now been fixed.

#DelhiHighCourt

Mehra says future changes/corrections in the website would be carried and sorted out.

We have passed these instructions yesterday...it is work in progress: Mehra

#DelhiHighCourt

Rao says videos of Dr Guleria must be put out in the front of the my gov website.

#DelhiHighCourt

Rao takes the court through the Delhi fights corona website and suggests changes that could be made.

#DelhiHighCourt

We've noted these suggestions: Mehra

#DelhiHighCourt

Bigger aspect is of Hindi and English. That may take some time : Satyakam

#DelhiHighCourt

You should start this process: Court

Court records submissions.

#DelhiHighCourt

Let the suggestions be passed on .. whatever shortcomings and improvements as suggested by Amicus should be remedied. Let status report be filed : Court

#DelhiHighCourt

Court says it will take it up on Tuesday.

We find that complete website of GNCTD is in English. Considering that majority is conversant in Hindi, we direct GNCTD to take steps to make the website bilingual : Court

Court seeks status report on this aspect.

#DelhiHighCourt

Rao suggests that Delhi govt website link should be on my gov website and vice versa.

I'll take instructions on this. It's a valid and fair suggesion: Adv Kirtiman Singh for Centre

#DelhiHighCourt

We're not putting it in the order but you should be able to do it : Court

#DelhiHighCourt

On PSA plants, they need to update.. : Rao

Since majority are donor based, we are in dialogue and there are some delays.. : Mehra

#DelhiHighCourt

Few are coming at the end of this month, some by end of next month. By July mid, all plants would be operational: Mehra

#DelhiHighCourt

We have installed 14. Two compressors have been delivered. Out of 8, 3 are pending at the end of NCT: Parashar

#DelhiHighCourt

Mehra takes the court through a chart.

For Delhi govt, 5 have been commissioned. 32 are yet to be commissioned.. capacity will be 39.02 MT for 37 plants. For centre, it is total 7 plants. 3 are yet to be commissioned: Mehra

#DelhiHighCourt

Satyakam says he doesn't have information on if second compressor has come.

#DelhiHighCourt

We want it to be done.. : Court

#DelhiHighCourt

9 are to be completed by July 31: Parashar

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Court records submissions.

Some are installed, others are in process.. some have not been received as they form part of aid being received from several countries. The position as it appears is that most plants are yet to be installed and made operational: Court
#DelhiHighCourt

Installation of plants fron within the country should be prioritise, says Court

Mehra says big hospitals should be asked to augment oxygen.

#DelhiHighCourt

Court agrees.

On this aspect, we'll ask your principal secretary to take up with aspect with them : Court

Some of them have already started: Mehra

#DelhiHighCourt

Both GNCTD and UOI to designate a nodal officer to monitor PSA plant installation if not already done : Court

#DelhiHighCourt

Court seeks status report.

#DelhiHighCourt

The bitter experience that everyone in NCT of Delhi has had with acute shortage of medical oxygen has certainly left a lessen to be learnt particularly by hospitals. It is hugh time that at least large hospitals having 100 beds or more should install their own PSA plant: Court

..which should have capacity of at least 2 times .. the demand for medical oxygen went up to five times... considering that the pandemic is once in a century, and hopefully we will see the end of it.. : Court

#DelhiHighCourt

..we are of the view the large hospitals should install PSA plants having twice the capacity of normal requirements. Smaller nursing homes and Hospitals having 50-100 beds should install PSA plants to meet their normal requirements: Court

#DelhiHighCourt

It would go a long way in reducing dependence on outside sources. Principal Secretary Health shall take up this aspect with hospitals and status report be filed in this regard: Court

#DelhiHighCourt

Court records that Max Hospital representative had said that it was willing to install a plant in its parking area if it could be allowed to have a multilevel parking.

#DelhiHighCourt

These aspects should be addressed by the DDA and municipal corporation. For this purpose, the Amicus may convene a meeting... Representatives of large hospitals may be invited: Court

#DelhiHighCourt

LMO plants would be required along with refilling for large hospitals. Smaller hospitals would be on cylinder.. court may say PSA plant /refiling plants : Mehra

#DelhiHighCourt

Mehra suggests having attached bottling plants also for bigger hospitals.

Court says these issues can be discussed in the meeting.

#DelhiHighCourt

These directions should be complied with by ALL hospitals including that of GNCTD, UOI etc.. and be followed in case of new hospitals as well : Court

#DelhiHighCourt

Court breaks for lunch.

To re assemble at 2:30.

#DelhiHighCourt

Discussion now on helpline number.

Senior Advocate Rahul Mehra says Delhi govt currently examining how helpline can take the load when there is extraordinary traffic.

#DelhiHighCourt

Mehra says how calls increased from 1,357 to more than 2,200 during a particular period in May.

Mehra says Black Fungus is increasing and drug Giving details of allocation of drugs for the same.

In ordinary times, govt should not ideally interfere. But there is massive demand and limited supply, so govt might have to regulate: Mehra

#DelhiHighCourt

A committee has been formed to examine and decide demands for drugs for the same. The committee will sit court times a day and decide the requests. But all this will also depend on supply: Mehra.

#DelhiHighCourt #BlackFungus

Central govt counsel Amit Mahajan says two companies who produce the drugs have doubled their production in 20 days.

#DelhiHighCourt #BlackFungus

Adv. Nidhi Mohan Parashar requires 42 vials a week for treatment and not 90.

8400 vials a week is required as of now.

They have asked us to give Delhi 1 lakh vials. That will amount to Delhi hoarding it: Parashar

It's not as of treatment will start on first day.. it's a 15 day allocation. There is a course which can't be stopped unless there is a medical expert : Mehra

#DelhiHighCourt

In 5 weeks we'll require 100 thousand. How is the State Government wrong : Mehra

Unlike oxygen, here is it not the situation: Court ask it notes that production in the country is less.

#DelhiHighCourt

It must come as clear stand-- are there 5 or 2 companies. How to augment the capacity: Mehra

#DelhiHighCourt

Adv Kirtiman Singh for Centre: 7251 was the case load. In NCT of Delhi, figure in 197 on 19th May.. total case load proportion is little less than 3%.

#DelhiHighCourt

We are all in this together. We are all on the same side. Today allocation has to be made to everyone. Allocation to Delhi is in proportion to its case load of 3%. 1250 vials were allocated.. then 600 on May 19. As on date at 2 pm, further allocation was 500-600 vials: Singh

Allocation on 3% on May 19. It is again in respect of 3%. 15960 is the total allocation, 430 is to Delhi which is around 3 %: Singh

#DelhiHighCourt

We have complete faith that you are doing it proportionately.. tell us the ways by which you are enhancing capacity : Court

We've taken steps to have it imported. We're having talks with stakeholders. Bharat Biotech will double its capacity: Singh

#DelhiHighCourt

Court says Centre has to bridge the gap of production and demand.

You say requirements is say 10k. Proportionally we are giving 4k. Which of the patients will you give it to .. nobody will survive. All will perish. There has to be some guideline : Court

#DelhiHighCourt

Either you have to ration it.. it may be a cruel thing to do : Court

Court asks if it a world wide issue or just in India.

#DelhiHighCourt

Singh says he would check it.

Issue is time and human life. 5% allocation doesn't serve the purpose. It has to be either complete supply.. you can't say all you have 5 vials in place of 10 : Court

#DelhiHighCourt

I'm not saying you're being unfair to Delhi: Court

#DelhiHighCourt

8400 vials are required for 200 patients for seven days.. Singh

So you're saying you wait for seven says we'll supply? : Court

Yes. Someone in Orissa may need it urgently: Singh

#DelhiHighCourt

Court reiterates that the need was thus to bridge the gap.

Make a global enquiry. You can make emergency imports : Court

#DelhiHighCourt

At an all India level we are giving 10% of demand. We have to now look at 90%.. doubling capacity will take us nowhere.. : Mehra

#DelhiHighCourt

Our avg consumption is 18k against 3150.. 1/5th is what we are getting.. we need to address it at two levels. All 5 companies.. if further licenses have to be given.. find out what is their capacity and bring it to 10 lakh in a week.. : Mehra

#DelhiHighCourt

Mehra says there should be a global hunt for the medicine.

#DelhiHighCourt

We would like you to file an affidavit disclosing all these figures.. : Court

Singh says he would file an affidavit detailing all steps.

Singh adds that Centre will fix a formula for determination of price.

#DelhiHighCourt

It appears that the domestic production is far less than the requirement on all India level.. we are also informed that the production capacity of producers is being doubled. Looking at the requirement, we are afraid that doubling may not suffice: Court

It is not clear by when will augmented production will come in actual production. Centre should consider import from wherever in the world. Let status report be placed on record on production capacity, producers licensed to produce, enhanced capacity .. : Court

Court also seeks info on present and projected case load : Court

#DelhiHighCourt

Mahajan says it seems from the order that Centre has not considered the option of import.

Court changes the order to government to place the steps taken on the import front.

#DelhiHighCourt

Hearing over for the day.

#DelhiHighCourt