Thread by @barandbench

#MadrasHighCourt will continue hearing matters concerning #COVID19 management in Tamil Nadu and Puducherry, including a suo motu case.

The hearing before CJ Sanjib Banerjee and Justice Senthilkumar Ramamoorthy is scheduled to start at 2.15 pm.

Track thread for Live updates.

Bench assembles.

#MadrasHighCourt #COVID19India

Plea against the distribution of COVID cash relief to ration card holders with political colour, in violation of COVID protocol taken up.

AG R Shanmugasundaram says that over 90% of cash distribution is done, that now strict lockdown is in place, there is no movement now.

In January 2021, a WP by DMK party on similar issue was dealt with. At the time, elections were due. Now it is a different situation, AG adds.

#MadrasHighCourt #CovidIndia

CJ says there should not be any political promotions in the distribution.

Petitioner says that "rising sun" symbol, photograph of Chief Minister @mkstalin is part of what is distributed in the ration shop, refers to Anna Nagar shop.

#MadrasHighCourt #CovidIndia

Court passes interim order. Records petitioner's concerns.

Court records that AG has taken notice and says that the situation now is quite different from Jan 2021, that Court has earlier directed that the relief distribution cannot be used to garner votes.

#MadrasHighCourt

Court order contd.: There has to always be a distinction drawn between the government of the day and the political personnel who forms such govt.

#MadrasHighCourt #COVID19India

Court order contd.: At the time of relief of largess being distributed on behalf of govt, it is the govt and only the govt that ought to be projected and not the political party which forms the govt.

#MadrasHighCourt #COVID19India

#MadrasHighCourt says that the "ruling sun" symbol of the ruling DMK party should not be pasted as part of packages distributed for COVID relief to avoid politicizing the relief distribution.

@arivalayam

#COVID19India

Court order: While there may be little room to object to portraits of Chief Minister being portrayed since he heads the elected govt, the symbol of the ruling party should not be used

#MadrasHighCourt #COVID19India

#MadrasHighCourt order contd.: At any rate, State submits that more than 90%of the relief has already been made over ...for the remainder, the personnel involved in distributing the relief packages or the like should refrain from giving any political colour to the functions.

Court order contd: More importantly, COVID protocol has to be maintained at all times including distancing norms.

In all the photos relied upon by the petitioner, evident that there is crowding and people falling over each other to be in the photo frame, so to say.

Court order contd.: This must be avoided at all costs, particularly since this State is facing the worst-case scenario in the second surge and there is no knowing when the pandemic would subside.

It is hoped the spirit of the Court's order is understood, Court adds.

#MadrasHC

Court takes up plea concerning high prices of medical treatment, including those of persons not part of any insurance scheme.

#MadrasHighCourt #COVID19India

Court records AG's submission that measures have been taken to take care of the poor and underprivileged who may not be able to get beds at govt facilities so that they do not have to pay if forced to undergo treatment at private hospitals.

#MadrasHighCourt #COVID19India

Court takes on record submission that Chief Minister's comprehensive health insurance scheme is in place; that govt officials, retired govt servants are covered by group health insuance scheme that would cover most treatment expenses

#MadrasHC

#MadrasHighCourt suggests that State should consider capping charges levied by private hospitals. Court records that there are several media reports of exorbitant charges by private hospitals.

#MadrasHighCourt #COVID19India

Court order: ... some kind of cap (should be) put based on the extent of services rendered so that ordinary citizens unable to obtain a bed at a medical govt facility is not financially ruined only to try and save his life by obtaining admission at a private hospital

#MadrasHC

Senior Adv R Vaigai makes submissions concerning the welfare of prisoners amid COVID.

CJ says that measures are being taken, HPC has been revived, Supreme Court has said house arrest can be considered.

#MadrasHighCourt #COVID19India

Court says that it has received a preliminary report on the issue. Meetings are being held. CJ adds that the numbers of those prisoners actually released and the conditions in correctional homes may be known in some days with futher report.

#MadrasHighCourt #COVID19India

Senior Adv Vaigai highlights that there are several women prisoners with children below age of six years.

#MadrasHighCourt #COVID19India

Court notes that it has received a report from Puducherry Legal Services Authority (LSA) but not from Tamil Nadu LSA. Court orders communication of order immediately so TNLSA can act.

#MadrasHighCourt #COVID19India

Court says that suggestion regarding release of women prisoners with children is "whole-heartedly endorsed".

Court order:..such categories of inmates at correctional homes be also picked out for special treatment and allowed to return home or be granted parole or interim bail ..

Court order contd.: ... or the like to ensure that both the mother and the child remain protected. The other categories of persons who had been required to be considered to be released temporarily last year should also be considered by the relevant HPC under the aegis of the LSA

Court says that the release of the prisoner, once such a decision is taken by the High Powered Committee, should be till July 15 at least.

#MadrasHighCourt #CovidIndia

Court asks AG to confer with DGP and secretaries of concerned departments immediately (on the issue of interim release of prisoners amid COVID)

CJ: I will also send word to the LSA chairperson so this is done immediately. This is something that should have been done yesterday.

CJ: When I was in Calcutta, in my capacity as chairperson of legal services authority, I have visited such facilities. I know what conditions exist inside. I will personally speak to Justice Subbiah. Will keep it on Thursday

#MadrasHighCourt #COVID19India

In another PIL, #MadrasHighCourt directs State to present report with a plan of action for vaccination of persons who are home-bound or with serious disabilities so that such vulnerable persons are protected and not inconvenienced.

Matter to be taken in 2 weeks.

#COVID19India

The court is now dealing with pleas moved concerning the exemption of industries during the lockdown in Tamil Nadu.

Counsel for Renault says that workers are coming in 2, instead of 3 shifts, vaccination has been done for workers above 45 yrs, there have been no casualities etc.

Senior Adv V Prakash, appearing for workmen-petitioners, argues that footfall, crowding is the same.

Workers earlier coming in 3 shifts are now made to come in 2 shifts, the production requirements remain, he argues.

#MadrasHighCourt #COVID19India

We are left at the mercy of the employers, Senior Adv Prakash.

The footfall is still the same at the assembly line, he argues.

Mr AG, there must be labour welfare officer or a labour dept official who looks into these things: CJ

#MadrasHighCourt #COVID19India

Prakas: Today at 10.30, Hyundai workers walked out of the plant. Management said Friday we will not work... because of death in the factory.

#MadrasHighCourt #COVID19India

Prakash: Workers are not covered by ESI because they are slightly about the economic mark.

#MadrasHighCourt #COVID19India

Counsel for Renault argues that footfall has fallen. Earlier it was 8021, now it is 5000 and odd, including management, he adds.

Prakash: Have they reduced production? The same number of hands will have to work on the same production

#MadrasHighCourt #COVID19India

Counsel for Renault says there was only one fatality, that was after the workman went to his native place.

Prakash: That is not correct, everyone will go to native place at the time of death. That is very easy to say

#MadrasHighCourt #COVID19India

CJ observes there should be a balance. On one hand, production can't be stopped entirely, workers should also realize that they should not be digging holes in the plates in which they eat, he adds.

But there cannot exploitation of workers taking advantage of exemptions, CJ

CJ: If production has not fallen, there is a presumption that it is going on as usual

Court says the matter has to be looked into by the State authorities.

Court goes on to pass interim order, records submissions.

#MadrasHighCourt #COVID19India

HC records Renault's submission that it is transporting workers, reducing shifts, that they have vaccinated those workers eligible to be vaccinated. HC records petitioner's grievances, that there is no supervision of current condition at work by any govt official #MadrasHighCourt

Court order: It is imperative that some kind of supervision be maintained by the appropriate officers so that the workmen at Renault are not forced to work in conditions that may put their health in danger.

#MadrasHighCourt #COVID19India

Court order contd: The employers should also indicate if the level of production has been reduced, particularly since the conversion of three shifts to two may be meaningless if the overall number of workmen continue to be the same.

#MadrasHighCourt #COVID19India

Two matters concerning the setting up of Siddha centres have been adjourned.

Court now takes up suo motu case. CJ compliments the Puducherry govt for the detailed report submitted by it.

#MadrasHighCourt #COVID19India

CJ observes that the Centre has submitted that sufficient number of vaccines are not available.

A few lakhs, a nominal amount, will come by June 15. Centre also talks about Sputnik.. Affidavit does not indicate the centralised plan we had asked for...: CJ

#MadrasHighCourt

CJ observes that several states are finding it difficult to procure vaccines individually.

CJ: Already Punjab, had already been refused by vaccine manufacturers

#MadrasHighCourt #COVID19India

CJ: It may not be good for states to rival each other... in the race to obtain vaccines. So it must probably be done by the centre

#MadrasHighCourt #COVID19India

Even what we see in Central affidavit, there is a skewed allocation.. going by the number of cases: CJ

ASG R Sankaranarayanan makes submissions, says the basis of allocation has been explained, that is is by number of postive cases.

#MadrasHighCourt #COVID19India

CJ: Number 2, you have the allocation of 146MT oxygen from the eastern corridor. Of course, oxygen demand has eased a bit, but eastern corridor oxygen not available all the time..

#MadrasHighCourt #COVID19India

CJ: Cyclone #Yaas is going to hit, there is going to be disruption. There has to be an alternative supply of oxygen. Maharashtra has agreed to supply 20 MT to TN. This 146 from eastern corridor has to be augmented because of Yass

#MadrasHighCourt #COVID19India

ASG: PM had a discussion with the empowered committee to devise ways to solve this problem. I understand, the meeting was held this morning ... will come back

CJ: Please do. if the cyclone is going to be as bad as they anticipate (there will be disruption in oxygen supply).

Court notes overall, things have improved in Puducherry, plateaued in TN.

CJ: The number of fatalities among the lowest int the country, that is remarkable...There is no clamor for oxygen... Tocilizumab has to be augmented.

#MadrasHighCourt #COVID19India

Plus we have had the first cases of #BlackFungus , which has been declared to be pandemic, CJ observes.

#MadrasHighCourt #COVID19India

ASG says that vaccine production will increase, steps are being taken by both Serum Institute and Bharat Biotech. Sputnik vaccines will also be ramped up from 30 lakhs to 1.2 crores.

#MadrasHighCourt #COVID19India

ASG: By the end of December 2021, 216 crores of vaccines will be available.

CJ: That should cover the entire population then?

ASG R Sankaranarayanan: Yes, by December, it should come.

#MadrasHighCourt #COVID19India #COVIDVaccination

Court says it is not taking up issue of #Remdesivir since it may be dropped from treatment protocol soon.

Advocate C Kanagraj makes various submissions, including for prioritised vaccination of lawyers, journalists, food service providers etc.

#MadrasHighCourt #COVID19India

Court passes interim order. Records that reports have been recieved.

#MadrasHighCourt #COVID19India

Court records that the number of fatalities is low, that there is no clamour for oxygen in TN and Puducherry though the State anticipates that 146 MT from eastern corridor may be completely disrupted if severe #CycloneYaas were to hit the East coast anticipated

#MadrasHighCourt

Court records that Maharashtra has offered 20 MT oxygen to Tamil Nadu, expresses hope that some alternative arrangements are made to ensure that the daily oxygen allocation of 519MT oxygen to TN is maintained even if supply from Eastern corridor is disrupted.

#MadrasHighCourt

Court records ASG's submission on meeting held to examine the issue.

#MadrasHighCourt #COVID19India #CycloneYaas #Oxygen

Court records submission that the rich are being able to book beds even though not in need of the same, leaving the poorer persons not being able to get beds when in need.

#MadrasHighCourt #COVID19India

Court records ASG's submission that 216 crores of vaccines will be available by the end of the year to be fully vaccinated.

#MadrasHighCourt #COVID19India #COVIDVaccination

Awareness campaigns should be taken to encourage vaccinations, especially in rural areas, Court says.

The court notes that superstitions, fake beliefs in some communities stand in the way of scientific measures being implemented

#MadrasHighCourt #COVID19India

Court order contd.:... there continues to be a resistance to accepting vaccination in sections of the society. Both the centre and the State should take appropriate measures to allay the misgivings that may be harboured in such regard.

#MadrasHighCourt #COVID19India

Court records: There have been cases of Mucormycosis (Black Fungus) in the state and the required drugs are in short supply.

#MadrasHighCourt #COVID19India #BlackFungus

Court order contd.: The Centre has indicated that measures have been put in place to manufacture the drugs immediately and in bulk at the expense of stopping the manufacture of other medicine.

#MadrasHighCourt #COVID19India #BlackFungus

Court says that the future allocation of #vaccines by the Centre for Tamil Nadu "appears to be somewhat disappointing.

Court: ... though the centre maintains that the allocation is based on the population of a State, positivity rate and like objective factors

#MadrasHighCourt

Court order contd.: The allocation to TN as indicated in the Centre's affidavit may be revisited. However, there is hope that vaccines would be available in greater numbers upon various manufacturing units augmenting their production facilities.

#MadrasHighCourt #CovidVaccine

Court records intervenors' submission that persons delivering food, remaining police and health workers, advocates, judges, etc. should be earmarked for prioritized #COVIDVaccination.

Court order: it will be open to the State to take a considered decision in such regard.

All matters pertaining to #COVID19 will next appear on Thursday, unless there is any matter of urgency which is filed in the interregnum: #MadrasHighCourt

Hearing ends.

CJ Banerjee asks authorities to keep up the good work.

CJ: We hope that the next week is better than this, and the week thereafter is better than the next.

Matters to be taken up next on May 27.

#MadrasHighCourt #COVID19India

216 crore COVID-19 vaccine doses will be made available by December 2021: Central government to Madras High Court

Report by @meera_emmanuel

#COVID19India #MadrasHighCourt
#COVIDVaccination

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