Thread by @barandbench

Bench led by Chief Justice Dipankar Datta of #BombayHighCourt to hear PIL raising issues concerning booking of vaccination slots on the #CowinApp vaccination portal.

#cowinregistration

Hearing begins.

The Court asks the petitioner, what is the issue in the petition.

Adv Jamsheed Master for the petitioner shows the Bench the #CowinPortal and points out that the vaccine slots open at different points in time in the day.

#cowinregistration #BombayHighCourt

Master: Even after appointment is given and the patient goes there, then the person is turned back saying there are no vaccines available.

#cowinregistration #BombayHighCourt

Master: Mr. Nari Contractor with his wheelchair bound wife went to the Centre and they were told that people who walked in had availed the vaccine.

#cowinregistration #BombayHighCourt

Adv Castellino appearing for petitioner submits that there are medical students who were not given.

Court: Once 18-44 was opened then the medical students were given.. Ask them to make a representation, I am sure they will be considered.
This is all a question of patience now

Court: There is a shortage of vaccine. We just have to wait now.

#CovidIndia #COVIDVaccination #BombayHighCourt

Adv Castellino submits that the mentally disabled people irrespective of the age should be given.

Court: We are not distinguishing between any citizens, neither discriminating based on disability. For us everyone is equal.

#CovidIndia #COVIDVaccination #BombayHighCourt

BMC lawyer submits that as far as opening of slots for vaccination is concerned, since they want to avoid crowding in centres, they only want to open a slot if they have 100 vaccines. Due to limited stock they are not opening stocks.

#COVIDVaccination #BombayHighCourt

Court asks the Centre to get details on the allocation of vaccines.

Also asks State what is the status now on the stock. We see there is global tender issued, and approaching Russia for vaccine stock.

#COVIDVaccination #BombayHighCourt

Court inquires with the State government why are patients are being denied vaccines?

Court: This is a nice system for booking online vaccines. But why is this parallel system being run?
This problem arises because there is no time slots for people who have done online booking.

Court: Because we do not know how many people will come for people for spot booking.

Castellino: There has to be a system where the dashboard is updated.

Court: We have discussed about this yesterday.

#COVID19 #CovidVaccine #BombayHighCourt

Court asks Castellino if she is vaccinated.

She says no.

Court: We are asking you so that you can share your experience.

#COVID19 #CovidVaccine #BombayHighCourt

Castellino: I will tell you my brother’s experience, where he went and took a token and then sat for a long time at the centre.

Court: Why are you not showing all of this material to the authorities? In other countries it is going on so smoothly.

Court: America was the worst affected country, and then now most of their population is now vaccinated.
It is either the administration which is failing or that people are not conscious.
We cannot believe that Americans are more conscious.

#CovidVaccine #BombayHighCourt

Castellino points out that in a lot of cases, people cannot be brought out of their houses.

Court: Yes but we are dealing with this issue now in the other matter.
Please this data available to us, that there is stock being made available.

#CovidVaccine #BombayHighCourt

Court: For the dashboard we had made suggestions yesterday, we had suggested them to consider the NIC website of the HC.

#COVID19 #CovidVaccine #BombayHighCourt

Court: And what had happened in February, 2021 when everybody gathered throwing caution to wind? For wedding or whatever be the reason.. We had stated in our earlier order, that citizens should not only think of rights, but also of duty.

#COVID19 #CovidVaccine #BombayHighCourt

CJ Datta: We are receiving criticism that the judiciary is demanding stocks of oxygen etc, what are they doing of pending cases?
Since the time I took over a CJ, 13 judges have retired in 13 months. But there has been no appointment in their place.

#BombayHighCourt

CJ Datta: There is no stock of judges. The issue of vaccination is similar. There is no stock available.
First you create a tandem in the country and then when the situation worsens, you panic and scream vaccine, vaccine, vaccine.

#COVID19 #CovidVaccine #BombayHighCourt

Adv Master gives instances of BMC centres where citizens were given slots and thereafter they were not given the vaccine because the centre had no slots.

Master: I have shown most slots of Bombay.

#COVID19 #CovidVaccine #BombayHighCourt

Master: There is a tweet that slots are opening slightly late.

He shows tweets of people where they have stated that the citizens wondered how the celebrities and sportspersons were getting vaccines where they are not.

#COVID19 #CovidVaccine #BombayHighCourt

Master: Only those centres may be opened which has vaccines. This is creating two fold problems.
People crowd the centres due to non-availability. And then when they go, they are not given.

#COVID19 #CovidVaccine #BombayHighCourt

Court: Why is there an issue? We understand that if you do not have vaccines, you do not open slots.. But if you are giving appointment then how can you deny like that?

#COVID19 #CovidVaccine #BombayHighCourt

BMC Lawyer: hence we do not open centres, when there is no vaccine..

Court: so that should correspond on the website.

BMC lawyer: Vaccination for 18-44 comes from the Centre, 45+ comes from State.

#COVID19 #CovidVaccine #BombayHighCourt

Court: That the citizens do not know. If they have an appointment then they should get vaccine.
These are internal issues.

#COVID19 #CovidVaccine #BombayHighCourt

Master informs the Court that his father was given appointment of 9 am to 11 am but he got his jab only at 4.45 pm.
He submitted that there was crowding at the centres, and even wheelchaired persons were waiting for the whole day.

#COVID19 #CovidVaccine #BombayHighCourt

Court: If you remember the minutes expert committee yesterday stated that disabled persons will be transported to the centre, will the expert committee guarantee that if you reach they will get immediately?

#COVID19 #CovidVaccine #BombayHighCourt

Court: How inhuman is this? How can senior citizens be made to wait for the whole day? What if they are diabetic? Or they need to use the loo? What do they do?
This is not a happy situation!

#COVID19 #CovidVaccine #BombayHighCourt

Court: Keep a dedicated day for the senior citizens.

CJ Datta: No that may not be advisable. If some citizen goes to the Centre with his parent, then they might want to get vaccinated themselves.

#COVID19 #CovidVaccine #BombayHighCourt

Court: Some other mechanism will have to be developed!

Master informs the court that his own vaccination did not happen within the time slot given to him.

#COVID19 #CovidVaccine #BombayHighCourt

Court: So this preferred time slot is a sham!

Master: The passport office has one centre at Worli Mumbai which gives out time slots. They give out 1000 slots a day, but the centre is not crowded at all. May a similar management can be used for vaccination.

#COVID19 #CovidVaccine #BombayHighCourt

Court: Ok we will take this up at 2 pm.
You make your submissions then..

#COVID19 #CovidVaccine #BombayHighCourt

Hearing to continue at 2 pm.

#COVID19 #CovidVaccine #BombayHighCourt

Court resumes hearing.

Adv Dhruti Kapadia makes her submission on the door to door vaccination hearing.

She informs the court about the BMC affidavit.

barandbench.com/news/litigatio…

Kapadia shows that she has come across an article where door to door vaccination was launched for the citizens of Behrampur.

#BombayHighCourt #COVIDVaccination

ASG Singh submits that Behrampur has stopped doing this now.

Kapadia: Yes they have stopped now as per reports. But then they were doing it..

Since BMC is waiting for Centre’s policy..

#BombayHighCourt #COVIDVaccination

Court: Mr Singh, you were not there in the morning. We heard submissions of learned advocates in the morning.
We were told of personal instances where people were waiting at centres for vaccination. They were given appointments and then there are not given vaccination.

Court: Your officers are thoroughly insensitive. Instead of having people rush to centres, you should chase them for vaccinations. Why cannot this approach be thought of! People are approaching with grievances now.

#BombayHighCourt #COVIDVaccination

ASG Singh submits from a note about the guidelines on the vaccination given to States.

Court: But this is only for people who can come for vaccination.. What about those who cannot?
Since we are now dealing with this issue, we want to know what is the plan for persons who can’t

ASG Singh: We are also concerned on these issues. We also want to look after people who cannot come.
People who can walk with a stick, they can come down in the building, etc. The ones who cannot is a difficulty.

#BombayHighCourt #CovidVaccineIndia

ASG Singh: Our concern is now for the effects after the vaccination. Hence we have those guidelines for vaccine room and waiting room

#BombayHighCourt #COVIDVaccination

ASG Singh: Various NGOs are helping us by bringing elderly people to the vaccination centres.
The only thing is as far as possible, Behrampur we have today’s report that there are lots of complications. There are various factors which made them stop.

#BombayHighCourt

Court: Is there any scientific data available that due to a particular complication after vaccination there were issues in health?
Or any particular vaccine.?
This is in nature of surmise, your expert committee has also said this. No ifs and buts, there has to be shown.

Court: The petitioner has shown us data for UK that they have door to door. They have the same vaccine. IF they can do it, why can’t we?
Show us figures, that for Covax it was so much, for Covishield it was this much.

#BombayHighCourt #COVIDVaccination

Kapadia: Also the guidelines does not mention anywhere what they will do for bedridden people.

#BombayHighCourt #COVIDVaccination

Court: We are told Covaxin is dead virus which has no side effects. SO then why not use that vaccine for this population, the senior citizens? Why bring them out of their houses?

#BombayHighCourt #COVIDVaccination

Court: If vaccination camps happen in societies, then they won’t have full fledged ICUs, so then if something happens, then what will happen?

#BombayHighCourt #COVIDVaccination

Court (refers to the Odisha vaccination article): timesofindia.indiatimes.com/city/bhubanesw…

Reads:

CJ Datta: The article says that the vaccination was stopped because “violations of Central guidelines”. Not adverse cases. Show us one death in the article. This can happen only in India.
They will either die of COVID or comorbidity.

#BombayHighCourt #COVIDVaccination

CJ Datta: This article implies that their drive was stopped because Centre did not have a policy.

ASG Singh: Centre is not an expert...

CJ Datta: Centre does not have experts? And what they have said in the minutes….without giving reasons.

#BombayHighCourt #COVIDVaccination

CJ Datta: And now the BMC has succumbed to this pressure.

#BombayHighCourt #COVIDVaccination

CJ Datta: What was the praise in the newspaper and media for? For publicity? If you cannot think for the elderly people and the bedridden.

#BombayHighCourt #COVIDVaccination

CJ Datta: We are very disappointed with the stand taken by BMC. If you do not have stock, you stop vaccines for all. Why this selective vaccination going on? Can you discriminate like that?

#BombayHighCourt #COVIDVaccination

Kapadia shows the official twitter thread of the Behrampur Municipal Corporation where they were shown to have been carrying out the door to door vaccination drive.

#BombayHighCourt #COVIDVaccination

Bench is discussing amongst themselves. They are checking for some details from their phone.

#BombayHighCourt #COVIDVaccination

Court: Have your instructing officer here.

ASG Singh: He is in Delhi.

Court: Have you heard of NEGVAC?

Someone informs that it is the National Expert Group on Vaccine Administration for COVID-19

#BombayHighCourt #COVIDVaccination

Court asks what is their report on this.

Court: If there is already an expert body, why was another body constituted?
NEGVAC was formed in August 2020.

#BombayHighCourt #COVIDVaccination

Court: Please find out about the recommendations of NEGVAC.

ASG Singh: If milords see my earlier affidavit of April 20, 2021.

#BombayHighCourt #COVIDVaccination

barandbench.com/news/litigatio…

Court: If NEGVAC was there, why made a committee? Who are the members in that?

#COVIDVaccination #BombayHighCourt

ASG Singh submits that the committee had been formed for considering the issue in the PIL.

#COVIDVaccination #BombayHighCourt

Court: Because your affidavit does not make any reference of recommendations from NEGVAC.
So this is not NEGVAC’s opinion.

#COVIDVaccination #BombayHighCourt

ASG Singh: We will look into it.

Court: This is not the way you deal with such an important issue. Your officials have disappointed us.

Kapadia shows a document from the Ministry of Health and Family Welfare.

@MoHFW_INDIA

#COVIDVaccination #BombayHighCourt

Kapadia reads out from a discussion of the Health Minister’s statement in the Loksabha.

Court: This says that AEFI cases were less than 2%. This is something which is discussed in the Loksabha, by your own minister. And you are using this as an excuse.
This is for We the People.

ASG Singh: Can I speak to the Chairman of NEGVAC? I will ask them to reconsider this issue. Discuss with him. And even the chairman of NITI Ayog.
I will personally speak to them.

#COVIDVaccination #BombayHighCourt

Court: Please do, but with the intention to reach out to those people. WE can take care of ourselves, but not of those people Mr. Singh.

#COVIDVaccination #BombayHighCourt

ASG Singh: I will request him whether he can reconsider the issue of door to door policy.

#COVIDVaccination #BombayHighCourt

Court asks Kapadia if she wants to make any submission.

Kapadia: They investigated the deaths and then they found out that the deaths were not even remotely related to the vaccination given.

Even IMA has supported this door to door vaccination.

#BombayHighCourt

Kapadia: IMA will write to the Centre for a change in the vaccination policy to introduce door to door vaccination. Doctors are saying this.

#COVIDVaccination #BombayHighCourt

Kapadia: Doctors and people from the medical field are agreeing to it, this makes me question the policy.

@DhrutiMKapadia

#COVIDVaccination #BombayHighCourt

Court asks Singh: How long will NEGVAC take to come to a decision on the door to door policy?

ASG Singh: Let me ask.

Court: Yes some instruction perhaps.

#COVIDVaccination #BombayHighCourt

ASG Singh: Maybe the committee have taken their decision. They are working day and night. If there comes an observation from the court, they may get discouraged.

Court: We have never made such observations in any of our order.

#COVIDVaccination #BombayHighCourt

Court: If the officials have taken some step which goes against the citizens, then we will say, and we have said. But we have never said anything to demoralise an official.
If there is violation of right, we will come down heavily against them.

Court: In our April 22 order, we had appreciated the officials for their good work.

#COVIDVaccination #BombayHighCourt

Court: We will give you time till June 22, to come up with a decision on the policy. We see that the people are all busy and from different parts of the country, it will be difficult for them to meet within 2-3days. So we are giving you enough time.

#BombayHighCourt

Court asks Kapadia about the IMA article.

She shows the article of IMA where the present PIL is discussed.

#COVIDVaccination #BombayHighCourt

moneycontrol.com/news/india/ima…

Court: We will keep it on June 2.
We will dictate a detailed order, so that NEGVAC knows what they are to consider.
NEGVAC has to know what all has transpired.

#COVIDVaccination #BombayHighCourt

Court: We need to give them these figures. We will put in an order.

ASG Singh: These matters are in various courts including Supreme Court...

Court: That does not mean we cannot pass an order.

#COVIDVaccination #BombayHighCourt

ASG Singh: I do not want officers to think they have not done their job...

Court: We are not going to cast any aspersions against the officials. Leave that to us, we know our job. But this has to be appreciated, this issue is raised before Apex Court and several other HCs.

Court: And we have to put in these figures, that the death percentage is 0.000319%.

#COVIDVaccination #BombayHighCourt

Court gives ASG time to get instructions from the NEGVAC chairman.

#COVIDVaccination #BombayHighCourt

The Court is now turns to the issues in the plea pertaining to #CowinApp

Court is informed that till now there are over 2.03 crore vaccines administered in Maharashtra.

Master: The population is over 11 crores.

#COVIDVaccination #BombayHighCourt

Court expresses concern.

#COVIDVaccination #BombayHighCourt

Master: IF the vaccination centre can open at that pre-determined time, then they can all have clarity on a day to day basis.

#COVIDVaccination #BombayHighCourt

Master: Mr Singh has informed that they are telling the State in advance when are they going to get the vaccines.

#COVIDVaccination #BombayHighCourt

Master prays for granting of prayer (f)issue directions to all centers so as to administer vaccines to walk-in patients after reserving vaccines for those who have already obtained appointments.

#COVIDVaccination #BombayHighCourt

Court: We will make an order that those who have obtained appointed will first get vaccinations, then those who are walking in will be considered.

BMC Lawyer: We are following that only.

#COVIDVaccination #BombayHighCourt

Court: But what we have seen does not show that. In any case, then our order should not be a problem to be followed. It will reiterate what you follow.

#COVIDVaccination #BombayHighCourt

ORder: The petitioners seek orders on the respondents. The common grievance raised is that the people who have obtained appointments from accessing COwin portal have to wait for long hours or they are told there are no vaccines.

#COVIDVaccination #BombayHighCourt

Order: According to petitioners, preference is given to the people who walk in for vaccination. This is denied by lawyers for BMC. They submit that in reality the contrary to what is alleged in the petition.

#COVIDVaccination #BombayHighCourt

Order: Persons who have appointment are given preference over the people who walk in.
Considering the nature of issues raised in the PIL, we call upon the respondents to file their reply by May 31, 2021.

#COVIDVaccination #BombayHighCourt

ORder: PIL petition listed on June 2 for hearing.
We are inclined to reiterate that online registrants who have confirmed appointments are to be given preference over the on the spot registrants.

#COVIDVaccination #BombayHighCourt

Order: The respondents shall make honest endeavours to ensure that the elderly citizens are not made to wait in long queues and that immediate steps are taken to vaccinate them at the centre.

#COVIDVaccination #BombayHighCourt

Master: There is one aspect I missed informing. There are registrations, a single person can have multiple registrations. If I have my Aadhar card linked with a mobile number, then there is still issues with registration.

#COVIDVaccination #BombayHighCourt

Court: Is this raised in your petition? They will deal with this.

#COVIDVaccination #BombayHighCourt

Court (to Castellino): We are told that after health worker, front-line worker will be considered. You get us data that workers are not considered, we will consider.

#COVIDVaccination #BombayHighCourt

Master: The app does not have a provision for choosing the frontline worker, or health worker.

Order: We are clarifying that frontline workers who are not vaccinated yet have to be considered.

#COVIDVaccination #BombayHighCourt

Court: If they take a favourable, then let them not wait for our order, le them implement immediately.

ASG Singh: Additional Commissioner in the immunisation programme.

Order: ASG Singh assures us that NEGVAC will look into the issue of door to door vaccination for elderly.

Order: and disabled with care and compassion which the concerned deserves. Those consideration will be placed before us on June 2, 22021.

#COVIDVaccination #BombayHighCourt

Order: With regard to such assurance we do not propose to pass a detailed without examining the recommendations of the expert committee. If the NEGVAC decides in favour of door to door, such policy may be implemented without orders.

#COVIDVaccination #BombayHighCourt

Order: We also place on record that the BMC has placed an affidavit before us, showing its inability to introduce door to door vaccination unless and until the Central government permits. SO to June 2, 2021.

#COVIDVaccination #BombayHighCourt

Court: Let us hope that better sense prevails and no further orders are required.

#COVIDVaccination #BombayHighCourt

Court: We could have kept it in the next week, but we want to give time to the committee to think it over.

#COVIDVaccination #BombayHighCourt

Hearing ends. Matter to be taken up on June 2, 2021.

#COVIDVaccination #BombayHighCourt