Thread by @barandbench

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

Hearing before Justices Vipin Sanghi and Jasmeet Singh.

#COVID19 #DelhiCovid
#DelhiHighCourt

@CMODelhi @LtGovDelhi

Petition by doctors and medical experts concerning treatment being advised by ICMR is mentioned.

Let it come tomorrow. We are not directing. In the normal course it will come.. : Court

Adv Praveen Sharma says his Petition to call the army for help has become infructuous.

Court disposes of plea.

Senior Adv Ramesh Gupta says he is fully satisfied with Delhi Government's arrangement to meet medical needs of lawyers.

The Petition stands disposed of: Court

#COVID19

Adv YP Singh: The in charge told me there are 250 beds.. all oxygen and 21 ventilator beds (in Indira Gandhi Hospital in Dwarka).. there is no admitted patient on ventilator beds.

#DelhiHighCourt

You were required to file an affidavit: Court to Delhi govt

I will need 3-4 days. 4-5 things need to be done.. : Senior Adv Rahul Mehra for Delhi govt

#DelhiHighCourt

This was a project started by govt 10-15 years ago. Initial deadline was 2015.. entire thing got stalled because of environmental clearance.. then labour issues and COVID.. last 1-1.5 years have gone by : Mehra

#DelhiHighCourt

We are doing graded way of opening up.. this is not being utilised for severe or critical illness.. there are numerous challenges: Mehra

#DelhiHighCourt

File it by Friday.. next Monday we must take it up : Court

1200 beded hospital... envisage the kind of relief you would give people of Delhi. What are the bottlenecks tell us.. if govt is having a problem, point it out.. we'll sort it out : Court

#DelhiHighCourt

Whole purpose is defeated if we do it on August .. endeavour is to do it immediately: Court

We will implead the department and issue notice right away : Court

#DelhiHighCourt

Mehra reiterates that Centre has not given beds to Delhi.

These are beds easily available but not made available for Delhi : Mehra

We are focused on this Hospital which is your Hospital.. why are you mixing: Court

Not a single cooperation from Centre : Mehra
#DelhiHighCourt

Centre must be put to same standard as Delhi Govt : Mehra

Court says Centre would be put to the same yardstick.

#DelhiHighCourt

It hurts when Centre having beds doens't give it..: Mehra

Let's not mix it .. : Court as it says that this should push Delhi govt to make the hospital available even sooner

#DelhiHighCourt

We want to know which are the agencies : Court

They are our agencies. We will reply : Adv Satyakam for Delhi govt

#DelhiHighCourt

We will not..for a moment shy away from giving exact timelines. We will put the govt on the issue.. in far more rigorous manner we would ask the government: Mehra

#DelhiHighCourt

On Friday, the Court will have this affidavit: Mehra

Singh says hospital was to operationalise in March 2020.

#DelhiHighCourt

Singh says there is now threat of black fungus.

Mehta objects to Singh only targetting Delhi Govt.

Let's not deflect from the issue : Court

#DelhiHighCourt

Court records submissions.

We are dissatisfied with the progress made by GNCTD in this regard. Sufficient time was granted for the purpose of placing the detailed affidavit: Court

#DelhiHighCourt

Court records Mehra's assurance that affidavit would be placed by Friday.

In light of the assurance, matter adjourned till Friday by Court.

#DelhiHighCourt

Adv Virag Gupta: Politicians were having some connection.. when people were not having the medicines.. Gautam Gambhir, BJP MP procured.

#DelhiHighCourt

They (Police) have not examined if anyone has been cheated by the politicians.. (Gambhir) gave a public invite.. : Gupta

#DelhiHighCourt

He gave public advertisement on April 25.. he was distributing through his persons.. issue is how is procured and stored and distributed.. he says it was procured through Gautam Gambhir Foundation. Police has not seen how and to whom payment was made: Gupta

#DelhiHighCourt

Nothing is in the status report. He further says that Fabiflu was procured against prescription. Prescription was given on 18th by some Doctor.. medicines were distributed by another doctor : Gupta

#DelhiHighCourt

He was neither a chemist or a doctor. He was not authorised to procure when medicine was not available with common public...many people lost lives because of hoarding : Gupta

#DelhiHighCourt

There is no record of any doctor or medical camp.. medicine was given on first come first basis and to people of his constituency: Gupta

#DelhiHighCourt

This is nothing but cheating and nexus : Gupta

#DelhiHighCourt
#gautamgambhir

No invoices are given. We don't know.. who are the patients ? At that time they didn't know who was to be given the medicine.. : Gupta

Gupta points out that another politician took remdesivir from Delhi to Maharashtra

#COVID19

They are creating a special class of their constituencies to decide who would get the medicines.. they are not conducting proper enquiry : Gupta

#DelhiHighCourt

Beyond Delhi we will not get into it.. we are concerned with Delhi. You have pointed out one instance. We will look into it : Court

Gupta points out the instance of Dilip Pandey MLA.

#DelhiHighCourt

Why a person needed VIP quota.. why VIP reference from BJP, AAP is required.. : Gupta

#DelhiHighCourt

If you were to show that the chemist said that you have to show reference from any MLA... unless you can show that these people were hoarding medicines: Court

#DelhiHighCourt

Gupta says Gambhir was distributing medicine when it was not even available with the chemists.

Court says it will look into it.

My allegation is there is prima facie evidence against @GautamGambhir : Gupta

#DelhiHighCourt

There must be strong warning against chemists and politicians: Gupta

We have all details and vouchers, to whom medicines were given.. we can given in sealed cover. ASG was to argue : Delhi Police officer

#DelhiHighCourt

This is a case of distribution of medicines.. : Delhi Police officer

As far as oxymeter etc are concerned, they are yet to be notified as drugs...they are still in proposed list : Adv Nandita Rao appears for Drug Controller

#DelhiHighCourt

Oxymeter and compressor are still in the proposed list since 2017: Rao

#DelhiHighCourt

Remdesivir and Fabiflu is definitely drugs. No complaint came forth from public.. : Rao

We would like you to examine how someone was able to procure such a large number of strips of a drug that was in short supply and how chemist was able to entertain such a prescription: Court

Without there being a name of patient... chemist is not a bulk supplier.. he has undertaken a retail sale which has to be to a retail customer: Court

Drug controller should have embarked.. : Rao

#DelhiHighCourt

We have to do the investigation ourselves.. unfortunately, department told me they have 21 officers and they are not properly trained.. they didn't feel empowered: Rao

You've to start with the chemist... you've to find out how is it being futher given by another doctor: Court

Mr Gautam Gambhir may have done it with best of intentions.. our issue is..is it responsible behaviour.. this was no way that you buy from the market so many strips: Court

#DelhiHighCourt

@GautamGambhir

Here a very clear case is made out .. you find out against whom action is to be taken.. in the entire chain: Court to Drug controller

#DelhiHighCourt
@GautamGambhir

whatever investigation is done...let Drug controller look into it. He has been a national player... we're sure he had good intentions..the way he has gone about it, he has actually done a disservice, unintentionally may be : Court

#DelhiHighCourt
@GautamGambhir

This is not done : Court

#gautamgambhir

#DelhiHighCourt

Amicus Rajshekhar Rao points out the centre notification declaring medical devices as drugs.

Rao says there has to be a specific order even after this notification for oxymeter and compressor.

#DelhiHighCourt

We don't have to get into this Issue today. We are only concerned with this Fabliflu instance.. otherwise it will be a witch hunt..: Court

Court asks Drug controller to look into Gautam Gambhir incident and take action accordingly.

#DelhiHighCourt

Nandita Rao says Delhi Police may hand over the material collected till now.

We will file a status report: Rao

#DelhiHighCourt

Adv Satya points out that his filed a complaint against Priti Tomar and Praveen Kumar MLA.

#DelhiHighCourt

He filed*

He requested PWD officials for vehicles to transport oxygen cylinders..PWD officials revealed that vehicles were not owned by CPWD : Satya

Though vehicle is not owned, it be on contract basis : Court

#DelhiHighCourt

There is a clear indication that PWD is written on the vehicle.. PWD is saying they have agreed and they don't own the vehicle. Where was the cylinder off loaded. It was delivered at door step on sitting MLA : Satya

#DelhiHighCourt

Status report says no offence is made out because nobody was cheated. I would say they are unidentified.. sitting MLA is not a nodal officer.. they should have contacted the nodal officer or court : Satya

#DelhiHighCourt

This is not responsible behaviour.. I have shared one judgement of Supreme Court.. : Satya

#DelhiHighCourt

We are concerned with hoarding.. here is a case of hoarding : Satya

#DelhiHighCourt

Distance between the place where it is stored and Bhatinda is six hour ride. It is not disclosed how it was transported. No receipt is mentioned.. not even a toll receipt. This is shoddy investigation: Satya

#DelhiHighCourt

Ms Rao you'll have to look at these instances also.. this judgement of Supreme court says medical oxygen is drug : Court

We can't enquire into essential commodities aspect.. voluntary licensing will expire only August: Rao

#DelhiHighCourt

You can't say anything in light of the Supreme court judgement: Court as it reads SC judgement.

#DelhiHighCourt

With this finding, there can't be any doubt about it : Court

Offence under Drug and Cosmetics Act is without valid license.. section 27.. : Rao

#DelhiHighCourt

Stock is also there. It need not be there for sale : Court

Without a valid license as required.. drugs will be notified by Centre.. : Nandita Rao

#DelhiHighCourt

The point is stocking is covered. It talks of valid license.. by issuance of notification, person is able to obtain license: Court

#DelhiHighCourt

Notification says for 18 months it is voluntary. For medical oxygen we are empowered: Rao

We are dealing with procurement of oxygen cylinders. This is something you need to answer : Court

We will conduct further investigation and file a status report. And then take steps to arrest or whatever.. : Rao

Law must take its course.. it is only to deal with such situations. Intentions may be lacking but in that process if they cords the line, law has to take its course. Even with best intension, they are mal practices : Court

#DelhiHighCourt

We have narrowed down to three, Gautam Gambhir, Priti Tomar and Praveen Kumar: Court

#DelhiHighCourt

@GautamGambhir

Adv Kush Sharma says he appears for Priti Tomar.

My office was used for dropping five cylinders and.. : Sharma

We are not here to see whether you are guilty.. three instances are brought to our notice. And we have asked Drug Controller to enquire.. we're not saying anything more : Court

#DelhiHighCourt

Three instances in our vire deserve to be enquired into in our view. Allegations against MP BJP Gautam Gambhir, Priti Tomar MLA AAP and Praveen Kumar MLA AAP. So far as Gambhir is concerned, 2628 strips were purchased on prescription by one Dr Garg and distributed ..: Court

The status report discloses that 285 strips were left after distribution which have been given to DGHS.. the aspect which need to be examined include as to how such a large quantity of Fabiflu was issued by vendors against one prescription: Court

#DelhiHighCourt

Particularly when the medicine was in short supply. We can take judicial cognizance of this fact.. also, it would also need examination so to how these medicines.. were distributed to several patients/attendents by Dr Manish of Garg Hospital: Court

#DelhiHighCourt

Status report discloses that Mr Gambhir paid through his foundation. Though the documents in support of the status report have not been filed, Mr Deo states that they have been collected: Court

#DelhiHighCourt

Since violation falls in the realm of Drug controller, let material collected be placed at the disposal of Drug Controller of Delhi. Drug controller shall undertake the necessary enquiry/investigation and file a status report: Court

#DelhiHighCourt

Status report to indicate the breaches and persons liable. Similarly, in case of Praveen Kumar and Priti Tomar, we have perused the status report. Since conduct involves medical oxygen which is classified as drug, Drug controller shal undertake similar exercise : Court

..and include findings in status report to be filed within a week : Court

#DelhiHighCourt

Other two persons are party.. Mr Gambhir may be impleaded: Gupta

We've not directed that any action be taken against him. He's aware of proceedings. His statement was recorded.. We're not hearing anyone : Court

#DelhiHighCourt

Amicus Rao suggests that Central Government to see if the Drug Inspectors are equipped to undertake the enquiry.

#DelhiHighCourt

It appears that Drug controller is presently not well versed with its statutory powers in respect of enquiry/investigation/prosecution of cases.. we direct Law department, GNCTD to ensure that necessary expertise is provided : Court directs

#DelhiHighCourt

This aspect to be considered on May 31.

#DelhiHighCourt

Hearing resumes in #COVID19 matters.

It is the issue of oxygen refillers..: Amicus Rajshekhar Rao

Refillers are present: Court master

#DelhiHighCourt

They were not complying with requirement of providing information. There were 15 of them : Court

Most are here: Court master

#DelhiHighCourt

Court master calls out the names of refillers.

#DelhiHighCourt

Court notes that three refillers are not present.

You were asked to provide information regularly about the activity that you are carrying on...time and quantity you supply.. so that there is audit... why are you not complying? : Court

#DelhiHighCourt

We are giving on a daily basis: One of refillers.

We are uploading data on daily basis on the portal and giving to officials that are visiting us : Vinayak Refiller

#DelhiHighCourt

Seth Air : Supplies are at inconsistent time. Cryogenic tankers are filled and then dispatched. Hospitals sigh a challan.. drivers come with receipt the next day.

#DelhiHighCourt

Point is whether you are giving the complete record. They also understand...that maybe it is spilling over the next day: Court

We are maintaining excel sheets everyday: Seth Air adv Abhinav Tyagi

#DelhiHighCourt

There is a lag but we are maintaining it : Seth Air

Nobody expects you to provide in advance: Court

Real time basis is not possible: Seth Air

#DelhiHighCourt

Issue is we are asked to give every two hours and that is not possible: Seth Air

#DelhiHighCourt

Naresh Gupta (refiller): We don't have power choose whose cylinders to fill. It is being uploaded on portal every day. All things are with govt already.

#DelhiHighCourt

Rao : GNCTD may be asked to demonstrate the portal.. supplier should be able to identify the number of cylinders filled by it.

#DelhiHighCourt

Rao says refillers should update the receipt of LMO received and then the supplies made to hospitals.

#DelhiHighCourt

Delhi is also ensuring supply and cylinders are being picked up : Rao

Mehra says the original position should now be restored with respect to oxygen supply.

#DelhiHighCourt

There is a performa on the basis of which information is to be uploaded: Mehra

This form etc should continue to remain in place : Court as it agrees with Mehra that situation has changed with respect to #COVID19.

Now there is no SoS, goverment must get out of it : Mehra

Mehra says that the system must still continue to remain in place in case the crisis re-emerges.

#DelhiHighCourt

You can tell us what is there in the performa: Court

Opening stock, how many cylinders it has filled and closing stock. Most are now filling it. Today, all filled : Udit Raj, Delhi govt

Raj says data operator is also placed with refillers.

#DelhiHighCourt

We don't want to make it unpleasant.. you are part of the infrastructure, system that is serving the society. Employ your own data entry operator: Court to refillers

#DelhiHighCourt

Staff is less. After lockdown is lifted, we will hire. We don't have person to make bills and put up data. It takes 1-1.5 hours every day in the morning : one Refiller (Multan Air)

#DelhiHighCourt

You or some employee should be able to do it : Court

We are not able to understand the portal completely: Multan Air

Vinayak Gases says there are two types of formats, individual entries are to be made.

#DelhiHighCourt

So Mr Mehra, for the time being your data operator.. : Court

We'll continue to provide till lockdown exists : Mehra

#DelhiHighCourt

This getting out of business for Delhi govt is without instructions.. Mr Udit Raj may share if there are any difficulties that may be faced if govt gets out of it : Mehra

#DelhiHighCourt

We've not passed any order asking the goverment to...that it your own. You have to access and take action : Court

We'll undertake that exercise: Mehra

#DelhiHighCourt

Situation has improved and demand has gone down. We've communicated to UOI as well: Raj

Raj says that even refillers have also asked the govt to let them act as per their obligations.

System should however continue. So that for next wave it it there: Court

#DelhiHighCourt

We'll take note of the fact that all of them complied as of today : Court

The court may just bind them to continue till further orders : Mehra

#DelhiHighCourt

Court records submissions.

All 15 refillers are present. We've interacted with all of them: Court

Court records submissions by Udit Raj.

#DelhiHighCourt

We direct all 15 refillers to continue to upload the data on regular basis on the portal without any lapse: Court

#DelhiHighCourt

Mr Mehra states that GNCTD is agreeable to the request and data entry operator shall be continued to be employed at the refillers till lockdown is lifted. Thereafter it is obligation of the refillers.. : Court

#DelhiHighCourt

Data entry operators shall be withdrawn after a week of the lockdown being lifted : Court

#DelhiHighCourt

We discharge the notice issued to the refillers. They will continue to be bound by the orders by courts and GNCTD: Court

#DelhiHighCourt

Adv Bharat seeks copy of the GNCTD report on number of persons who died in hospitals on account of COVID-19.

Every person who has died because of #COVID19 shall get ex gratia Rs 50k from Delhi govt: Mehra

#DelhiHighCourt

Mehra says if someone is not satisfied, that person is free to take action as per law.

In case anyone is not part of list, it is for that person to make that lis : Court

#DelhiHighCourt

It is also open to persons to ask for the enquiry report in appropriate proceedings.. enquiry report created behind your back in not binding. You can challenge it : Court

#DelhiHighCourt

Adv Satyakam says a roving and fishing enquiry can't be permitted.

You can have grievance in an appropriate proceedings. Not in this PIL. Someone has to make out a case for that. Medical record can't be given even in RTI .. : Court tells Adv Bharat

#DelhiHighCourt

Court proceeds to break for lunch.

Bench rises for lunch break.

To re assemble at 3 pm.

#DelhiHighCourt

Advocates are being harassed by Police for showing e passes. I've requested for early listing. Registrar allowed for May 28 : An advocate mentions a petition

List tomorrow: Court

#DelhiHighCourt

Bench rises.

#DelhiHighCourt

Bench re-assembles.

#DelhiHighCourt

Adv Abhishek Handa for IRDA: Our reply is ready but not attested.

That's okay. We've exempted: Court

#DelhiHighCourt

Court says it would take up compliances now.

#DelhiHighCourt

We've updated and flagged some issues : Amicus Rajshekhar Rao.

#DelhiHighCourt

We're initiating a suo motu PIL today.. situation is very bad on mosquito infestation. With onset of monsoon, looking at the pandemic, we may end up with a major problem: Court

@CMODelhi

#DelhiCovid

Court records order.

We are inclined to take suo motu cognisance of mosquito infestation..steps that GNCTD and municipal corporations take to control mosquito infestation has taken a back seat : Court

#DelhiHighCourt

If it is not contained urgently, with the ongoing pandemic, the rise of vector borne disease could lead to problems and complexities: Court

#DelhiHighCourt

Court directs all five Municipal bodies and GNCTD to place before it the steps taken and steps that will be taken by them in this front.

Let them file a status report by Thursday.. list before DB I: Court

#DelhiHighCourt

List on Friday. All of us are seeing the mosquito problem. Let's be aware of it.. people get dengue or something. It will multiply the problem: Court

#DelhiHighCourt

Adv Sanjeev Sagar says now there is white fungus.

Rao says there is yellow fungus as well.

Are these related to steroids or oxygen? : Court

#YellowFungus

It is overuse of steroids: Adv Rakesh Malhotra

As per Dr Guleria, it is steroid abuse.. diabetes is another : ASG Chetan Sharma

#DelhiHighCourt

Lack of immunity is also considered : Mehra

Some are not related to COVID.. one is over use of steroid and other is infection in hospitals. Problem is compounded in case of sugar: Adv Kirtiman Singh

#DelhiHighCourt

18 states have reported cases of black fungus.. 55% have diabetes and history of COVID. And this is not contagious.. medical opinion is still divided on oxygen.. impurity of oxygen flow : ASG Sharma

#DelhiHighCourt

Rao takes the court through the table prepared by him on compliances.

#DelhiHighCourt

Rao raises issue of SoS system for hospitals.

#DelhiHighCourt

Mehra says there is a 24*7 helpline which is in operation.

You can check from time to time : Court to Amicus Rao

#DelhiHighCourt

1075 for COVID, 1098 is child.. mental health helpline should also be a simple number : Rao

#DelhiHighCourt

If its possible.. if we could have all verticals under 1031 : Mehra

Why do you want to overcrowd 1031. Let's not over load it : Court

#DelhiHighCourt

These numbers should survive COVID.. and these numbers should also be a four digit number : Court

Rao suggests having these numbers on pan India basis.

#DelhiHighCourt

If they have a network, monitoring also becomes easier. Otherwise it is a localised process: Rao

#DelhiHighCourt

Kirtiman Singh says the issue was before the Chief's Bench and that he would update the amicus about it.

#DelhiHighCourt

Mehra says a secure system is needed for people to share their anxieties.

The next disease could be a mental health disease: Mehra

I'm in full agreement with Mr Mehra.. it's as bad as the epidemic: ASG Sharma

#DelhiHighCourt

Aarogya setu has a pop up to show all helpline numbers.. they are giving due publicity. Health, child, mental health and senior citizens.. all four helplines: Adv Nidhi Mohan Parashar for Centre

#DelhiHighCourt

Adv Prabhsahay Kaur: 1098 for children has been publisized. For senior citizens much is needed to be done. Even now 1077 is the general DDMA helpline which is taking calls. 15467 has not been operationalised so far.

#DelhiHighCourt

It's 14567 : Kaur

Suggestion has come that it should be a four digit number. We would make it operational this Wednesday and then change it.. : Mehra

You start off : Court

Noida also has the same number: Rao

It's a national number: Singh

#DelhiHighCourt

We'll take the statement on record that it would be made operational by Wednesday: Court

Likely to be made operational: Satyakam

#DelhiHighCourt

08046110007 .. this is for mental health? : Court
Yes: Rao
Is it an all India number: Court
Yes : Parashar

#DelhiHighCourt

Centre also while looking at these numbers,..can look at only 4 digit numbers : Mehra

They have to have it across the country...so four digit number has to be there : Parashar

Court says it would not pass any order on this aspect.

ASG Sharma says the issue would be looked into

Kaur says a representation was made to Centre with respect to four vulnerable categories.

With regard to children with special needs...2% are disabled. There is no seperate hospital...if IBHAS can be considered.. for children infected with #COVID19 : Kaur

#DelhiHighCourt

Other than the helpline, infrastructure has to be there: Kaur

We are in the process... most suggestions were taken. We will file status report by Thursday: Mehra

#DelhiHighCourt

You file the report. We will take it up on Friday: Court

For COVID, States have own helpline. Direct calls to 1075 can also be done.. an all India COVID number : ASG Sharma

#DelhiHighCourt

Public memory is very short. People forget so many things : Court as it says that due publicity has to be given.

In our caller tunes.. it's says.. for more info call 1075 : ASG Sharma

How many people hear these messages fully : Court

#DelhiHighCourt

All these numbers should be publisized. Centre should come out with appropriate publicity material: Court

#DelhiHighCourt

Singh says a status report can be placed before the court with full details.

We'll try and look at it on Thursday itself : Court

#DelhiHighCourt

Suggestion is made to publisize centre and Delhi govt helplines together.

We could see them together: Mehra

Be on the same page ...: Rao

#DelhiHighCourt

Court records submissions on helpline for hospitals.

At this stage, counsel have also raised the aspect of other helpline numbers.. : Court records submissions.

#DelhiHighCourt

Mr Mehra states that Senior citizens numbers shall be made operational by Wednesday.. Mr Kirtiman Singh says he shall file a note.. : Court

#DelhiHighCourt

This aspect to be taken up on May 27.

Court records submissions made by Kaur.

Rao takes the court through the minutes of the meeting on the issues raised by Kaur.

#DelhiHighCourt

So Ms Kaur this is work in progress. Let them report on Friday: Court

We are in coordination with each other : Satyakam

#DelhiHighCourt

A lot of departements are waiting for orders of the court before doing anything. Message needs to go out.. : Rao

Court asks Mehra to addressed this.

I don't think someone is not doing work because they are saying let's wait for the order of the court : Mehra

#DelhiHighCourt

Kaur says there has to be an alternate mode of rehabilitation to institutionalised care in case of orphans.

Upbringing and education is being taken care by government. Cabinet will pass the note : Mehra

You incorporate all this in your status report: Court

#DelhiHighCourt

Court records the submissions.

Court grants time till Thursday to Delhi govt to file status report.

#DelhiHighCourt

Court moves on to the next head on the Amicus report.

UP has adopted our charges. Haryana has the same charges. If we try to change the charges.. it will be a little difficult. They are less than Ayushman Bharat charges: DGHS on bed charges

#DelhiHighCourt

You are informed of the different rates. Hospitals will not incur can losses because we've allowed them to increase bed capacity. We feel they (Pvt hospital) are well compensated : DGHS

#DelhiHighCourt

The cap for 18k last year was icu. Similarly, rates were there for others: Court

Yes, We say this is maximum that can be charged.. giving any order in haste will not be in right earnest given the issues raised by private hospitals.. : DGHS

#DelhiHighCourt

If you think it is good enough, it is good enough.. we concerned with Delhi.. if yoy fix rates for Delhi, there is no reason why same rate should apply to other States. When yoy fix rates, you should say it for Delhi: Court

#DelhiHighCourt

It should be for every State.. they may use Delhi as bench mark.. you have to fix keeping Delhi in mind : Court

One of the representation was that we form a committee.. we are at it. It has to be kept in or kept out will be considered: DGHS

#DelhiHighCourt

We're looking at all aspects: DGHS

In any case you have to come with fresh order to say whatever the position is. Last year you said for 60% beds.. now all beds are occupied : Court

#DelhiHighCourt

One part is that the person has to be informed about the charges.. private ward or general ward.. we are not capping rates generally. We are just saying inform the person: DGHS

#DelhiHighCourt

Let the Committee say. All beds can't be on the same rate : DGHS

Yes, but ICU is ICU.. : Court

In general ward, the rates of doctors are also different. Similarly for ICU...it depends on room category: Mehra

#DelhiHighCourt

Injection in single room shouldn't be greator than ward.. : Mehra

Medicines are not overcharged. Service cost changes: DGHS

By when will you complete this exercise: Court

First week of June : DGHS

#DelhiHighCourt

DGHS, Dr Nutan Mundeja is present: Court records her submission that the exercise of price capping would take another week and after that requisite directions would be issued.

Let said exercise be completed..and necessary orders be passed: Court

#DelhiHighCourt

We'll wait for them to complete the exercise: Court

Mehra raises issue of medicines.

There is a lot of outcry : Mehra

#DelhiHighCourt

We had asked Centre.. : Court

The methodology for vials...Centre says it requires 6 vials per patients. We require 90 vials : Mehra

6 vials per patient per day : Kirtiman Singh

#DelhiHighCourt

We have filed the details. Mr Mehra will have to check this. The total case load for Delhi is about 200.. as far as I know, there were orders placed with Cipla.. to say we are responsible for shortage.. To blame us for everything is not correct: Singh

#DelhiHighCourt

If the patients ask for the medicines, State has to say that they are not available. All the vials that they gave are exhausted.. centre has taken control and rightly so.. : Mehra

#DelhiHighCourt

We have said that allocation is taking place in proportion to total case load.. not that you take care of 97% of your patients: Kirtiman Singh

#DelhiHighCourt

We have issued notification to identify black fungus under Epidemic Disease Act : Singh

#DelhiHighCourt

We were going by figure given by States. Now we've set up a website.. and portal. We're going to have real time data. How many have been discharged etc. What is the consumption pattern : Singh

#DelhiHighCourt

As far as augmentation is concerned.. expected supply in May is 1.36 lakh, in June is 2.55 lakh... apart from this, import order is 7.05 lakh vials. We are also trying to find out other avenues: Singh

#DelhiHighCourt

Singh says picture would be clearer once data comes on the portal.

Court asks Centre if it has done a cursory calculation.

#DelhiHighCourt

You have 9 days for June. That's the best you are pitching : Court after doing the calculations.

How does the math pan out here : Court

#DelhiHighCourt

Singh makes an attempt to explain.

That was sarcasm. Math is not panning out.. it can't work at this pace. Gap is more than 1/3rd : Court

#DelhiHighCourt

There is a huge shortfall even with these steps : Court

There are other drugs as well.. the capacity for production is being explored.. : Singh says he would be able to give a clearer picture in a week.

#DelhiHighCourt

It is not going to grow at the pace at which COVID grew. Black fungus is not contagious : Singh

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475 is the figure on Monday : Mehra

Singh says these figures should come on the portal instead.

For 197 patients, Mr Mehra's client demands 1 lakh vials. Demand must be a responsible demand: Singh

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This situation is very different from oxygen. If there is very limited supply, everyone will have to take a cut. How do we pass any order.. give it : Court

Union has taken over and it is the right thing. But my statement must be read in the right spirit: Mehra

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We are seven times short.. : Mehra

I take offence to Mr Mehra lecturing us on what has to be done : Singh

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1k cases in month is context of the letter. 475 we've already reached: Mehra

Point is delhi govt may have asked for 1 lakh.. whatever the figure, how are you planning to meet is the question. Even your projections are not sufficient to meet the demand : Court

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We will take further steps. It is something all of us our fully aware of. What is required has to be done. What progress we've made on alternative medication : Singh

We fixed it for Tuesday: Court

If court can take it on Thursday, we'll have more information : Singh

We're all on the same side here : Singh

Correct: Mehra

Court asks Mehra to check if Delhi govt has provided the info the portal.

We'll take it on Thursday: Court

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Maybe they can impress upon cipla to increase the supply : Mehra

I'm given to understand that it requires fermentation.. one enterprise does that. The other ingredient also has to be imported. There is a constraint in capacity and process : Rao

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There is a genuine problem on the ground.. worldwide also it is not an important drug.. no matter what we do, we would be playing catch up : Rao

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Cipla is saying you haven't placed any order : Singh

We've lifted every single vial : Mehra

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India is the largest pharmaceutical producer in the world.. : Mehra

It's a drug not a jackfruit.. we can't force people to produce sub standard drugs : Singh

Have you approached 50 companies..: Mehra

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These are private companies, even State govt can : Adv Amit Mahajan for Central Government

We're trying to do what we can. There are constraints of capacity and quality management: Singh

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You tell us on Thursday. you can find out if there can be more licensees (apart from five): Court

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Between today and June, there are going to be a large number.. let's all put our best foot forward: Rao

Adv Iqra Khalid : My grand father is in Gangaram. He has not received a single vial. There is no transperancy. What is the criteria

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We have reached out to families and procuring vials at very high cost. We want 100 vials and we've been able to procure 20. And we're not the only family. : Khalid

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Govt is not providing and hospital is not transparent on how they are giving : Khalid

Vials are separately going to Centre hospitals. There is a bifurcation : Mehra

Vials are available at AIIMS. We've spoken to the doctors there: Khalid

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This concept of some hospitals being over and above all has to end..how can vials go directly go to Centre hospital : Mehra

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We have four vials left at Ganga Ram. If someone wants, audit can be done : Mehra

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As of now we have no recourse and we're watching him slowly slip away. He's 80.. : Khalid

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This is not a situation unique to Delhi.. allocation are going to take place subject to large constraints : Singh

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Singh says hospitals should take unconsumed vials from other hospitals.

Tussle between Delhi and centre is not why I would like to lose my grandfather: Khalid

Tussle is the shortage: Court

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If AIIMS could supply vials to his patient or this patient could be shifted to AIIMS: Adv Gautam Narayan for Delhi govt

Adv Amit Mahajan says he would look into shifting the patient to AIIMS.

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Court suggests if available vials can be taken from another hospital.

Court issues notice in the plea by Khalid.

Thursday: Court

Mahajan says Khalid's claim that she procured vials at black rate should be looked into.

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I'll try and find out from RML also. Delhi govt can be also find out...it can't be that no hospital has it : Mahajan

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Court records submissions in the order.

Status report discloses number of vials that Mylan is importing from Gilead. Report states that govt is working continuously...and allocations made to GNCTD: Court

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It appears that present production and supply and projections may fall short...not only in Delhi but across India : Court

Court allows Singh to file status report.

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Khalid says if they could be allowed to import the medicine but the duty is very high.

Medicines have been exempted in any case. Medicines are not available: Mahajan

Some enquires can be made : Court

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Court says it can't make any order on interim arrangement of the patient but counsel will look into it.

Narayan says the patient is from Aligarh and Uttar Pradesh government could be asked to give some medicine.

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Ganga Ram can import it directly. Price is fixed for the medicine : Singh

We have spoken. But they said that you either wait it out it or arrange : Khalid

Import never happens.. hospital will not import for one patient: Court

Kindly check up import duty : Court

Mahajan points out the IGST judgement by Justice Shakdher.

They can ask a friend in Dubai to import it : Mahajan as he says that he would expedite it at customs.

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In these circumstances, there can't be any duty : Court

I personally agree : Mahajan

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Hearing adjourned.

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