Thread by @barandbench

#UttarakhandHighCourt hears matters concerning #COVID19 management.

The matter is before Chief Justice RS Chauhan and Justice Alok Verma.

Read an account of the last hearing:

[COVID-19] “What can be done if Centre is unmoved?” Uttarakhand High Court flags concern over supply of Oxygen, Tocilizumab

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CJ Chauhan is now quizzing Chief Secy Amit Negi on various aspects. The State has also submitted an affidavit.

Negi submits that sufficient testing is being done in Dehradun, 8-9k COVID-19 tests being conducted in Dehradun, Negi submits.

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#COVID19

CJ observes that the number of COVID tests has declined in #Uttarakhand from about 11k to 9,904 in one area, almost a decline of 2000 numbers

In Haridwar, testing came down from 5.8k to 3.1k, in Nainital it came down to about 1k, CJ observes.

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Central Govt is also saying (as read in TOI report), that nine states have been decreasing the number of tests, which is a cause for concern. Why are you decreasing the number of tests?: CJ

About 36.8k tests were done yesterday, Negi submits

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That's alright.. but the district breakdown... how many were done in Dehradun yesterday?: CJ

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Negi says that COVID testing in Uttarakhand is among the highest in India. Per million testing is way beyond other states, he adds

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We took around 35k samples yesterday, we have a population of 1.1 crore: Negi

Rajasthan has conducted 34k tests for a population of 7.7 cr, he adds. He also refers to lower numbers of testing in Telangana, with a population of over 3 crores.

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CJ resumes queries to State after brief interruption.

CJ: I'm sorry there was a technical hitch because of the incessant rains we have been facing since yesterday ... 3 types of hospitals have not been increased (COVID hosp, health care centres etc.)...?

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CJ notes that there is a meeting scheduled at 12.30 pm today with the Central Govt.

183 MT to 300 MT has not been conceded to by Central Govt so far?: CJ asks Negi

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Negi says Uttarakhand is still only being allowed to take part of its oxygen requirement from domestically produced oxygen in the State, which comes to about 350MT

#Oxygen
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Court says it had read that the Centre had conceded to the request made to allow Uttarakhand to meet its oxygen production from what is produced in the State.

CJ: Somehow, it was in the newspaper, the Centre has conceded to.. TOI carried

#Oxygen
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Negi: Have not received any kind of communication in this regard... have been continuously been raising this issue at all levels.

CJ: What is keeping them from taking that decision the request of the State?

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Court asks if someone to represent the Centre is present for the hearing as requested earlier.

Adv Rakesh Thapliyal says that the person concerned, associated to oxygen supply matters, is busy.

CJ: They can't be so busy as to not attend court!

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CJ: Why is it that the govt is not conceding to a reasonable request of the state? ... instead of diverting our (Uttarakhand's) oxygen to UP, please ask UP to pick up the rest of the quota from Jamshedpur and Durgapur

Thapliyl: We have to balance

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CJ: I'm sorry, but #Uttarakhand can't be asked to be given a stepmotherly treatment!

#Oxygen
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CJ: We are not asking to utilize our entire output (oxygen produced within State) of 350 MT... (asking only for the allocated 183 MT) the remaining quantity, naturally it will go to other States.

#Oxygen
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CJ: All we are saying, instead of asking us to import #oxygen from Jamshedpur and Durgapur, which takes time, costs, why can't we take from our own backyard?

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Thapliyal: There are other States without plants

CJ: We are not denying our own brother-States.

Thapliyal: To the extent of 60%, we permit Uttarakhand to collect #oxygen from their own resources

CJ: Mr. Negi is that a correct statement of fact?

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Negi: We have an allocation of 183MT. 60 MT, GOI is saying you collect from other States. That is what they are saying 40% get from other states. It is not a rational order.... it is a crisscrossing of the states.

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Court says it wants the concerned representative of the Central govt dept to explain.

I will not take this answer that I am too busy to attend the court: CJ

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Earlier Uttarakhand had 123MT, increased to 183MT. Of this total, 123 MT, we have been permitted to collect from our own resources, Negi

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If State production is 350 MT, out of which what is allowed is 183, that means 177 MT - the remaining quantity we have - we are giving to other states. So you cant say Uttarakhand is not contributing to the other states: CJ to Thapliyal

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Why have we not been permitted to take 183 MT of 350MT? Why are you making us dependent on other states, that too in the eastern part?: CJ to Thapliyal (Centre)

Thapliyal: We are also looking at states with no resources.

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CJ: I fail to see why someone in the central govt fails to see the logic...I am surprised to hear that someone has said that he is too busy to appear... if he wants I will issue summons

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CJ: This shows the callous attitude of the central govt. What is the chairman sitting for? ... I am surprised that Mr Kulbe is sitting... with a name like Kulbe, he must be from Uttarakhand,. I am surprised he is sitting over the interests of his own state!

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CJ: When Madhya Pradesh is given about 600MT, Uttar Pradesh about 900 MT, we fail to understand despite a sharp increase in COVID, Uttarakhand being a hilly area, why the #oxygen has not been increased to 300 MT?

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CJ: I am sorry to say this neglect of #Uttarakhand is not acceptable to the High Court. I'd like to believe that our State is equal to other States

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Court asks Adv Thapliyal to call for the concerned Central govt representative to be present for the hearing, CJ says he will not adjourn the matter for days, says he wants answers.

CJ: If you want, we will issue a non-bailable warrant of arrest ..

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CJ: As Shakespeare said, there may be a madness in the logic, but let us hear the madness in the logic.. ask him (Central govt representative) to join (the hearing)

Thapliyal says he will convey.

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Negi refers to communications made to Centre

CJ: Please ask them (Centre) to atleast reply to our letters. Our letters cant be thrown in the dustbin ... 10 days and letter not replied to, that is ridiculous. All it takes is an email to say 'this is our position on your request'

CJ: I am surprised at the callous attitude of the central govt. Every request that the state of Uttarakhand is making is falling on deaf ears!

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Court quizzes State on whether COVID norms are being complied with in temples, festivals.

CJ notes that in Badrinath and Kedarnath a large number of priests are shown to move around, that there are images on social media that there is no social distancing maintained.

CJ asks whether State has issued directions on the number of priests allowed in the sanctum sanctorum, since it is a small space.

CJ: Even when deity is being worshipped, you can't permit 20 priests to enter, because of the small size of room

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CJ: Who is supervising, or is it left to the priests? What happens if coronavirus spreads among the priests?

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CJ observes that there is embarrassment caused to Uttarakhand social distancing norms are violated.

CJ: First we make the mistake of #KumbhMela , then there is Char Dham..why do we repeatedly cause embarrassment to ourselves?

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Tourism Dept representative submits that for each place of worship, there are earmarks to ensure distancing.

CJ: Nobody is following your earmarks... Please take a chopper to Char Cham, you will find what the reality is. Please take next chopper to Char Dham, go to Kedarnath

CJ: Those videos which are available on social media.. you yourself should be asking those questions, instead of court asking those questions. You are issuing orders on paper, no one is implementing.

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CJ: We cause embarrassment to ourselves.. rest of the country is saying why can't Uttarakhand learn? ... I feel embarrassed when colleagues call me and ask what is happening in the state?

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CJ: I am surprised the decision-makers are leaving it so carelessly ... we are accountable to the people, to the central govt... after COVID, there is #BlackFungus, then there is 3rd wave

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Experts are saying 3rd COVID wave may occur in 6 months, that 2nd wave may peak in July CJ observes.

CJ ... now there is #BlackFungus going on... instead of preparing ourselves for future dangers, we are being so careless in Char Dham.

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CJ to State: Please go and see for yourself, that is the reality... I am not happy with what this paper of SOP is... it is not worth the paper it is written on if it can't be implemented.

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CJ: You can fool the court, but you cannot fool the people, the reality exists out there... you are playing with the lives of millions of people in the county

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State tourism Dept representative notes the concerns, says he will convey and ensure SOP is complied with.

CJ: I can assure you, sir, nothing will be complied with unless you go there.

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CJ: It was the presence of the Chief Secretary that literally acted as a catalyst in #KumbhMela.. he camped there.. that is what turned the things around...not to say Mel Adhikari did not do a wonderful job, he did...but catalyst was Chief Secy's presence

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CJ: Kautilya in "Arthashastra" said every Minister was required to tour the empire.. that is the only way Mauryans could control the huge empire.. we have to learn from it.. unless you tour, you will not know what is the reality of the state.

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CJ now quizzing on what action can be taken if supply of #Remdesivir by manufacturers falls short & who can take action, whether State or Centre?

Centre will take action if CIPLA defaults, Ved Prakash Mishra submits

He adds that action was taken earlier when CIPLA made defaults

CJ asks Adv Shiv Bhatt if he has any other submissions. Notes that Amit Negi may have to leave soon for a meeting with the Centre, says he can pass orders once submissions if there are any more, are made.

Adv Bhatt says he has more submissions, requests the court for patience

CJ: Sir you cant doubt my patience

Adv Bhatt responds he only made the submission since Court said it's passing order

CJ: .. trying to pass order while Mr Negi is still in the virtual court. In all fairness to Mr Negi & govt, we should pass orders (while he is still in court)

Adv Shiv Bhatt makes submissions on vacancies of medical staff.

CJ: If the selection process has commenced, naturally the selection process cannot be completed overnight

Adv Bhatt says that the selection process has not started; vacancies are still on the website, he adds.

CJ notes that about 1k nursing staff vacancies has reduced to 349.

CJ adds that hiring medical staff is not like "buying tomatoes in the vegetable market"

CJ: .. it is a long process, can't blame govt when it says it needs to time to appoint...

CJ: It's not easy to find doctors. And as pointed out last time, who wants to come and work in the state of Uttarakhand with lack of roads, infrastructure... they would rather work in Noida or Delhi or Bangalore

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CJ: We can't expect the state govt to perform miracles. then we are being highly unfair.

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CJ: If Mr Negi is saying selection process is going on, we also realize selection process cannot be completed overnight. I also have to select my judicial officers, I know how difficult it is... stop trying to turn the state into a utopia, that is an impossibility

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CJ adds that he does not want the State to appoint medical staff that is not qualified by rushing the process.

CJ: We are not asking for quacks to be appointed. On three occasions earlier, you have said that youngsters being interviewed for ward boys are not even qualified...

Court also notes that a large number of nurses are from the Southern States, who may face difficulties if they are appointed in Uttarakhand.

CJ: Language is a big barrier.. you bring nurses from Tamil Nadu, they can't speak Hindi, they can't tell patients...

CJ: Try speaking to a nurse from Kerala who can't speak two words in Hindi. How will she communicate to the patient?

The State would have to recruit from States such as UP, Rajasthan, and Haryana, which don't have as many nurses, court notes.

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CJ: There are hardly any nursing schools in Rajasthan ... Where will (State) get Hindi-speaking nurses from Rajasthan? Govt has to be selective, can't blame the govt

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Adv Shiv Bhatt makes submissions concerning Char Dham.

Court notes that State has issued an SOP, that pilgrims are reportedly not allowed to end. CJ says any submissions alleging that SOP is flouted should be substantiated.

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TOI and Dainik Jagran have reported and given images, Adv Bhat says.

Court says media reports only say that pilgrims are not being allowed. CJ adds that there only appears to be some material on social media regarding movement of priests.

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CJ: There are videos on WhatsApp that the pujaris are entering, but no social distancing is being maintained and insider the sanctum sanctorium , there is a crowding...no evidence produced that there are large crowds gathering in the temples.

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CJ observes that allegations made regarding improper charging in Covid Care Centres appear to not be supported by any evidence.

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In response, Adv makes submissions

CJ: Oh god lord, again you have jumped from Italy to Japan. The question is not about treatment or mistreatment. The question is, Is anyone being charged at Covid Care centre or not?

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CJ: I asked, please show evidence, that is where you floundered. Then why are you making such a wild allegation?

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#UttarakhandHighCourt issues notice in PIL on following issues:

- Can oxygen concentrators be brought under Essential Commodities Act
- Private labs are charging exorbitant fees for carrying out CT scan, can prices be capped
- RTPCR tests allegedly being forged to circumvent SOP

Hearing over. Matters posted next on June 9.

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“Callous attitude of Central govt:” Uttarakhand High Court on Oxygen allocation after govt officer fails to appear for hearing in COVID case

#UttarakhandHighCourt #CovidIndia

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"First we make the mistake of holding Kumbh Mela, then there is Char Dham; Why do we repeatedly embarrass ourselves:" Uttarakhand High Court to State govt

#UttarakhandHighCourt
#COVID19 #KumbhMela2021 #chardhamyatra

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