Thread by @barandbench

#DelhiHighCourt to continue hearing today matters concerning #COVID19 in Delhi.

The hearing is before Justices Vipin Sanghi and Jasmeet Singh.

Track thread for live updates.

#COVID19India

Bench assembles

Adv Dhananajay Grover mentions matter concerning #FarmersProtests : Tomorrow. May 26 will mark 6 months of farmer protests. Harvest season is over. BKU and farmer unions are coming to Delhi ...

Court: That is not an issue that we are looking

#DelhiHighCourt

Adv Grover says there is a need to look at preparedness, there could be roadblocks, oxygen supply will be disrupted

Court declines to entertain matter, says oxygen supply is going on.

#DelhiHighCourt #COVID19India #FarmersProtests

Court: We are not here to deal with farmers' agitation. That is something the Supreme Court has looked into

#DelhiHighCourt #COVID19 #FarmersProtests

Adv Anuj Chauhan makes submissions in a matter which relates to a man was denied admission to hospital.

Court: Notice has been issued, have they filed a counter?

Adv Gautam Narayan says counter has been filed, SC is dealing with the issue

#DelhiHighCourt

Senior Adv Rahul Mehra says a Supreme Court order has been passed on the issue, regarding patients who have suffered.

NDMA can create guidelines for ex gratia relief for human suffering amid the pandemic, he submits

#DelhiHighCourt #COVID19

Mehra adds that sometime next week, no-fault liability, relief of Rs 50k may be put in place to be paid in case of covid death.

That is an initiative by Delhi govt. Going to be placed before the cabinet, he says.

#DelhiHighCourt #COVID19

Adv Gautam Narayan says Delhi Govt is constituting a High Powered Committee of experts which, based on records of the hospital, will look at factual averments and submit a report.

If a person is still aggrieved, they can approach the court, he says.

#DelhiHighCourt #COVID19

Court: We would like you to file a counter affidavit on the facts of this case

Mehra says that the Delhi govt is not adversarial, that it also would like to compensate in matters where life is lost due to COVID

#DelhiHighCourt #COVID19

Adv Chauhan says that the death, in this case, is not just because of COVID, but also because of medical negligence.

Court asks for a counter from the respondent, says if the High Powered Committee is constituted later, the matter can go to the Committee.

#DelhiHighCourt

#DelhiHighCourt issues notice to NDMA as well in the matter, State asked to file a counter on facts.

The plea also alls for the grant of minimum ex gratia compensation for COVID death.

#COVID19

Amicus Curiae Rajashekar Rao makes submissions.

Says some suggestions have been received from third parties.

Rao: There have been issues relating to the COWIN portal.

Issue of NIC portal, Amphotericin B, etc. has already been taken up, Rao notes.

#COVID19 #DelhiHighCourt

Rao refers to note from Vrinda Bhandari from Internet Freedom Foundation

Rao: Problem on the ground is because process is electronic substantially... a large section of the population does not have access to it (COWIN)

@internetfreedom @VrindaBhandari

#COVID19 #DelhiHighCourt

Rao: There is an issue of data privacy. We understand it is a larger problem, but we wanted to flag that..

3rd issue is regarding captcha, so far as disabled persons are concerned... COWIN captcha code does not allow disabled persons to access easily.

#COVID19 #DelhiHighCourt

Rao refers to another note from Arun Agarwal, a former member of the PMLA Appellate tribunal. He says that it is a policy matter, but it is a real problem.

#COVID19 #DelhiHighCourt

Issue raised by Agarwal is of how does one treat donations being received as aid amid pandemic, Rao submits.

Tomorrow, persons receiving the money aid may be served income tax notices. In the past, exemptions have been given, Rao submits.

#COVID19 #DelhiHighCourt

Rao points out that sometimes one person may receive amounts pooled from a group of people to aid others, far in excess of amounts ordinarily received by them

Court: Then it is the responsibility of that persons to keep the accounts transparent..

#COVID19 #DelhiHighCourt

The difficulty is from a tax perspective, Rao submits.

Some mechanism should be there to identify these amounts as donations, not used for the expense of persons receiving it.

#COVID19 #DelhiHighCourt

Court agrees something should be done, says it can direct that this issue be placed before CBDT for consideration since there are limits to what orders the Court can pass.

#COVID19 #DelhiHighCourt

Adv Krishnan Venugopal says there is an issue of accommodation for Delhi police, who are engaged in crematoria duty, hospital duties, refilling oxygen etc. These persons come in contact with COVID-affected persons.

#COVID19 #DelhiHighCourt

Venugopal: Status report shows that there is no separate accommodation facility, apart from existing facilities within quarters, which does not address the problem

Central Govt and Delhi Govt could make some arrangements for separate isolation facilities, he submits.

Venugopal: Police have provided yeomen's service for people who come with loved ones to cremate the bodies... lifting the bodies ... you have to respect the service provided.

#DelhiHighCourt #COVID19

Merha submits that 90% of the police have had both doses of the COVID vaccine and 96% have had one dose.

#DelhiHighCourt #COVID19

Mehra takes Court through the status report.

Barracks are available, separate IO rooms for ranks of ASI and above, inspectors have retiring rooms in police stations.

Police stations are being sanitized on daily basis.

#DelhiHighCourt #COVID19

Mehra continues reading the status report, refers to SOP in place.

Two COVID care centres set up for police personnel and family.

Delhi Police has started its own ambulance service for Delhi police and their family members.

#DelhiHighCourt #COVID19

Mehra reads from status report on measures for daily health monitoring of police personnel etc.

Mehra: We are doing the best possible under the circumstances... after 90% of force being vaccinated, the danger that existed earlier may not be there today

#DelhiHighCourt #COVID19

Court asks how many police personnel have been infected, how many carried the infection home.

Court also notes that there now seems to be option for policemen who don't want to go home to stay back at the barracks provided.

#DelhiHighCourt #COVID19

AstraZeneca vaccine has 33% effectivity after first dose, 60% after second dose, Adv Venugopal says.

Venugopal: Saying you have barracks with people who have come in contact with COVID... the gap between what is being stated by Mehra and Mr... is this ....

#DelhiHighCourt

Venugopal: ... You are providing facilities in the sense of common barracks to the common police... we are talking about ordinary average police man... if the vaccine is not 100%, then the possibility of infection is 40% for someone coming in contact...

#DelhiHighCourt #COVID

Venugopal: Contrary to what is being stated, it is not sufficient that when I show sore throat, fever, it is not enough to put me in a COVID care centre.. you start shedding virus before you show symptoms... That is how RTPCR detects the virus.

#DelhiHighCourt #COVID

Venugopal: Latest research shows that if you have COVID, the aerosols are emitted for 30 feet.

It is not sufficient to say I have retiring rooms, barracks, covid care centers after symptoms are showing; there is a gap, he adds.

#DelhiHighCourt #COVID

Venugopal says that there should be government facilities so that policemen who do not want to go back to their families can stay back to guard against COVID spread.

#DelhiHighCourt #COVID19

This is daily monitoring, don't know where there is a gap, Mehra submits.

Court says this is why the numbers of infections should be looked at first.

Court: Let us look at the numbers.

#DelhiHighCourt #COVID19

Venugopal points out that an ordinary police constable may not have the option of social distancing

Court notes that it does not have any figures showing that there is a high number of infections among policemen or in the barracks. Says it cannot interfere without the figures

Mehra: There have been casualties in Delhi police also ... it's a low number, although every life is precious

Narayan submits that casualties is less than 1% of total number of infections. Adds that as court observed, these barracks have not become a hotspot for any infection

Unless the figures are coming, we don't want (to interfere), Court says.

Venugopal submits that if 5% has shown infection, it means 4.2k policemen were infected. Says that the concern is not about fatalities, but of police going back home and spreading the infection.

Court again notes that there is no data to show that there is a high number of infections in the barracks, says it cannot interfere without factual basis.

Court is now dictating interim order, records that status report has been filed by Delhi Police

#DelhiHighCourt #COVID19

Court: It appears that for officers generally of rank ASI and above, there are separate rooms in police station where they can retire... barracks are available ... thus, the personnel of police force have option to stay at barracks... and they need not return to their families.

Court: Since this option is available, primary concern expressed by Mr Venugopal ... stands addressed. Mr Venugopal has submitted that personnel in barracks are likely to infect each other.

#DelhiHighCourt #COVID19

Court: There is no data to support the mass spreading of COVId infection in the police barracks. Mr Deo... submits that these barracks have been functioning even before the outbreak of pandemic and mess facilities are also available to persons housed in barracks

#DelhiHighCourt

Court: Unless there is some empirical data available to show outbreak of COVID-19 in the barracks, it may not be justified to require the Delhi Police to consider making other accommodation available to the police personnel

#COVID19 #DelhiHighCourt

Court: The logistical support available ... in police stations to service personnel in retiring rooms and barracks is sufficient to cater to their needs. At this stage, not inclined to issue any directions. Application stands disposed.

#COVID19 #DelhiHighCourt

Adv Venugopal submits data already shows a large number of police have been infected.

Court: We don't want to get into a fishing inquiry

Venugopal: This is a public interest issue.

Come with the data, police have not come with grievance, Court says.

#COVID19 #DelhiHighCourt

Venugopal submits that the police personnel may project the position of the Delhi Police, but the situation may be different for a police constable

Court says submissions can also be made on instructions by an aggrieved policeman.

#COVID19 #DelhiHighCourt

Venugopal says he can approach court again once he has collected more data.

By all means, Court says.

#COVID19 #DelhiHighCourt

Rao makes submissions on updating of real-time data by hospitals.

Mehra says that appears that data entry is being done only once a day. DGHS was asked to take up the issue when a meeting was held this morning around 11 am.

#COVID19 #DelhiHighCourt

Court: When we are talking about updating, we should also look at the realistic situation... if they are doing at 10 o clock, it is because employee comes in... We should have it may be twice a day...

#COVID19 #DelhiHighCourt

Mehra: On 4 occasions, this request was placed by amicus after consultation... there is a laudable object to it... as of today, there is enough beds... but if third wave happens..

#COVID19 #DelhiHighCourt

Mehra says that hospital staff has to be sensitized to give real-time updates

Mehra: How much time does it take? It takes two seconds to add on to the system (how many patients discharged, beds available etc.).

#COVID19 #DelhiHighCourt

Mehra: It is not as if one is burdening with added responsibility. This ought to have happened on their own, voluntarily.. order says it (real time updates) should happen every 2 hours.

#COVID19 #DelhiHighCourt

Rao says Delhi govt hospitals appear to be updating more, Central govt hospitals are perhaps lagging behind.

#COVID19 #DelhiHighCourt

Both centre and Delhi govts should ensure it is implemented over the next week, Rao suggests.

Rao adds that private hospitals should also be directed to give real-time updates every two hours. If govt hospitals can do it, why not private hospitals, he adds.

#DelhiHighCourt

Advocate Satyakam reads out from table about real-time updates from GTB Hospital every few hours.

Satyakam: If they can do it, anybody can do it. This is a govt hospital.

#DelhiHighCourt #COVID19

Mehra says that a detailed report on what took place in the meeting held today with DGHS where the issue was to be discussed. Court says it will wait for the meeting report.

#DelhiHighCourt #COVID19

Advocate Karuna Nundy makes certain submissions.

Adv Satyakam: It's on delhifightscorona website, will be put on the home page.

#DelhiHighCourt #COVID19

Mehra submits that Delhi Govt is working on the issues raised, says Amicus can bring it to court if the work is not satisfactory

Court to Nundy: It's a work in progress, they are working on it. Your suggestions are well taken.

#DelhiHighCourt #COVID19

Nundy: There are issues that are not resolved, those are the points being raised... 1357 calls were received on 1031 (helpline) on May 14. On that day, there were 45k positive people in the city ...

#DelhiHighCourt #COVID19

Nundy: We have not just come with our own ideas or as lawyers reading newspapers.. We looked at GNCTD's status update and Central govt's, and we took it back to noted public health persons on the field and we consulted the Yamuna Khader slum community and organised middle class..

Mehra says that there is a flawed understanding of how this helpline works.

Mehra is now making submissions on treatment of COVID-positive persons identified by district teams, at what point they are advised to be shifted to COVID care facilities, hospital etc

Mehra says that there were only 1300 calls (on May 14) as all of the 45k persons who tested positive did not need the call service/ teleconsultation. The rest were taken care of by HomeIndia.

Only those requiring additional aid are asked to have teleconsultation, he says

Karuna Nundy: 1031 is a helpline. We are not saying that if the services are provided, that this is the first thing people do when they get sick ... It is not the case that people are not getting ideally placed services, will place before court.

#DelhiHighCourt #COVID19

Karuna Nundy says that the chart prepared would make it clear. Adv Satyakam says govt has received the report.

Court: Since you have shown it (to govt) yesterday, let them have a look. They have been receptive...

#DelhiHighCourt #COVID19

Rao: I have met with Nundy this morning, she has been very helpful. There are issues that she has flagged which are very real issues..

Rao also refers to Nundy's suggestion that internet dongle be added in the COVID kit, where required.

#DelhiHighCourt #COVID19

A large chunk of issues raised have been dealt with, there are others. It can be taken offline, Rao says.

On helplines, Rao adds:... following up how effective this is..

Rao also askes if govt could consider publicising more the helplines and other data in newspapers

Court: In the newspapers, one doesn't find these inserts on a daily basis. These should be every day... fix one corner, people know, people would get habituated...

#DelhiHighCourt #COVID19

Mehra says that this can be communicated to the govt.

On helplines, Nundy says: If they get a lot of calls and the backend is not connected, people would lose faith.

Mehra: Let us be fair about this please.. you have done a fabulous job... but to say there is no backend ...

Nundy says she is not saying there is no backend.

Court: We will take it up next week. Let them consider, what can be implemented, let them come back...

Court posts this matter next on Monday.

#DelhiHighCourt #COVID19

Bench breaks for lunch. To re-assemble at 2:50 pm.

#DelhiHighCourt #COVID19

Bench re-assembles.

#DelhiHighCourt #COVID19

Rao is making submissions on compliances by the Union of India.

#DelhiHighCourt #COVID19

Court: Who is there from UOI?

Advocate Nidhi Mohan Parashar appears for UOI.

#DelhiHighCourt #COVID19

Court is on the formula for capping of prices on oxygen concentrators.

Adv Kirtiman Singh refers to a part of the status report by Centre.

Singh: This exercise has been initiated. A meeting took place on 19th May. This report was filed on 20th.

#DelhiHighCourt #COVID19

Singh: After that also meetings have taken place. We are in the process of coming up with that formula.

#DelhiHighCourt #COVID19

Singh: What is going to happen, regulation or fixation, will place on record. May place on Monday.

Court records the submission in order.

#DelhiHighCourt #COVID19

Court records: On issue of price regulation of #OxygenConcentrators, pursuant to Court order, matter is under consideration.

MPPA has initiated process of fixing of formula for the pricing of Oxygen Concentrators. Process is likely to be completed on... posted on Monday.

Court further records to communication my Minister of Consumer Affairs, Food and Public Distribution that no sale shall take place above MRP.

#DelhiHighCourt #COVID19

Singh: Today, there is an MRP which is there. Black marketing happens because there is MRP. The exercise we are doing is so that MRP remains in control... so that the margin you are earning remains in check.

#DelhiHighCourt #COVID19

Court: It is not something off the shelf. You cant go to Khan market shop and pick up. It will be there through the backend..

Counsel: It was available on #khanmarket only this time

Court: Though not in the shop it must be in.

#OxygenConcentrators #DelhiHighCourt #COVID19

Rao: With regard to compressors, perhaps Ms Parashar is right, it was unhappily worded. Compressors have been supplied, the ball is in GNCTD's court. As far as UOI is concerned, it is complied

Court: Mr Mehra, seems compressors have been supplied, have to check

#DelhiHighCourt

Adv Satyakam says both compressors have come, possibly will have been installed, will come back with a status report on 27th, as ordered by Court previously.

#DelhiHighCourt #COVID19

Three plants delivered, installation GNCTD has to do, Adv Parashar says.

#DelhiHighCourt #COVID19

Court records in order that central govt has already provided air compressors for the installation of PSA plants in Ambedkar hospital and Raja Harishchand hospital. Status report to be placed by Delhi govt.

#DelhiHighCourt #COVID19

Court moves on to the issue of using #Remdesivir stocks earlier marked for export.

Kiritiman Singh: There are 13 manufacturers, 3 had stocks, 2 have applied and we are processing them for use of those stocks in India.

#DelhiHighCourt #COVID19

Singh: There is a third company that has also applied... As far as domestic production, as of April 1, it was 27lakh vials per month. By May 15, gone to 1.19 cr per month.

#DelhiHighCourt #COVID19

Singh says that there are about 40k #Remdesivir vials lying in the stocks earlier marked for exports, from persons who applied. He adds that these have to be checked first before it is put to domestic use.

#DelhiHighCourt #COVID19

Rao flags some issues including need to set timelines. Notes that with #Remdesivir being taken off protocols, some countries may also not accept the Remdesivir exports now.

Court: It has to be decided soon

#DelhiHighCourt #COVID19

Singh: They have applied to us for domestic consumption

If it is not permitted, they should be permitted to be exported, Court notes.

#DelhiHighCourt #COVID19

Court dictates order on this aspect. Records that Court had earlier directed that export consignment be released if not diverted for domestic consumption.

#DelhiHighCourt #COVID19 #Remdesivir

Court records Centre's May 20 status report, that CDSCO has requested 3 manufacturers in May, with about 40k #Remdesivir vials, to apply under concerned rules so the products could be put to domestic use

#DelhiHighCourt #COVID19 #Remdesivir

Court records Kiritiman Singh's submission that tests take about 25 days and once tests are over and the same are cleared, the said drugs would be cleared for home consumption.

#DelhiHighCourt #COVID19 #Remdesivir

Court: Our only concern is that in case any of the export manufacturers do not apply for home consumption or do not clear the tests, the stocks should not go to waste

#DelhiHighCourt #COVID19 #Remdesivir

Court: In those circumstances, center should take its decision based on rules and to prevent breach of contract and losses for export manufacturers.

Matter posted on June 3.

#DelhiHighCourt #COVID19 #Remdesivir

Adv Iqra Khalid makes submissions concerning her grandfather, says 6 vials of #Remdesivir were obtained yesterday

Khalid: Thankfully yesterday we got, since morning his eye is swollen.. we have gotten in touch with hospital superintendent. He informed that there are no vials..

Khalid: Govt informed there are no stocks. We are pressed against time.. he might lose an eye by tomorrow because the pain is really sharp and there is 24 h till his... if something can be done, if vials can be arranged. We just need medicine.

#DelhiHighCourt #COVID19

Kiritiman Singh: If Ms Khalid can get in touch with my colleague..I, Gautam, Satyakam are trying to ...

Gautam Narayan: Gangaram may be asked to appear, we had allocated them... they have to come and explain why they are not giving vials

#DelhiHighCourt #COVID19

Rao: Gangaram may not have received supply, we don't know if it may be allocated on paper. I was given to understand supply would reach, that does not seem to have happened.

#DelhiHighCourt #COVID19

Satyakam: We have given vials for 20 patients... we have about 400 vials today, have to be given to those given three days dose and are due for another dose.

#DelhiHighCourt #COVID19

Adv Khalid says that she flagging the issue that vials are not available, so situations such as this do not arise where eyes have to be plucked out.

Court says it will ask Superintendant of Gangaram hospital for an explanation.

#DelhiHighCourt #COVID19

Court observes that the message preceding COVID helpline ringtone is too long.

Court: To have such a long drawn message, at the end of it... The message should be "COVID helpline, contact so and so". Why should you have such a long preface?

#DelhiHighCourt #COVID19

Singh: The ringtone starts with the message that we need to be careful.

Court: This is like beginning the writ petition with "respectfully so and so." Nobody reads it, nobody cares about it... You have to be a little practical about your approach.

#DelhiHighCourt #COVID19

Court says people are already aware that they should be careful.

Justice Sanghi: It is high time you tell them the correct numbers. You should immediately say what the helpline number is. That is the most important part of the message.

#DelhiHighCourt #COVID19

Singh: When these messages were created, a lot of brainstorming took place. Priorities may have..

Court: You are going on a message from some six months ago. The situation has changed. You have to be agile on your feet on this.

Singh says he would get back to the Court on this

Subhash Kumar for Gangaram Hospital appears, says no Amphotericine vials were received today, agrees 360 vials were received yesterday. Says all vials received were given to patients.

#DelhiHighCourt #COVID19

Court: Point is, if you have the vials, you must give it

Court asks Gangaram to explain how the Amphotericin was used by Thursday.

Court tells Adv Khalid that it will impress upon Gangaram that if there are any vials available, they should be given.

#DelhiHighCourt #COVID19

Rao says data is yet to be uploaded on the present and projected caseload of #BlackFungus. This is needed to assess whether we have sufficient resources, he adds.

#DelhiHighCourt #COVID19

Rao makes submissions on the need for publicizing the availability of resources, also touches upon mental health resources.

#DelhiHighCourt #COVID19

Justice Sanghi: We are again emphasizing, you need to publicize, advertise more ... It has to be a regular thing. It's like medicine, you have to give it every day. You cant say you gave 4 days back and leave it. People have to be reminded everyday...

#DelhiHighCourt #COVID19

Court: People can pick up newspaper & know whom to contact, what are the numbers... As we grew up, the amount of advertisement that one used to see, like for family planning - it was everywhere, every DTC bus. It worked. We have to keep bombarding relevant info

#DelhiHighCourt

Nundy: Whenever a phone call is made, there is relevant info. Like #Maskup. Perhaps information that both govts agree on, like helpline 1031 should be there

Court says this what it has been saying, there is a need to update the messages.

#DelhiHighCourt #COVID19

Court: You should not hit the nail on the head. These are the helpline numbers. That should be the foremost things to be shown.

Singh says all of this will be considered and the govt will revert.

#DelhiHighCourt #COVID19

Court issues order to publicise COVID-19 related info more through various media

Order: We have been taken by learned amicus through various compliance reports... One common thread emerged is the lack of continuous and adequate publicity of most relevant and germane information

Court order contd.: For eg., the various helpline numbers have not been broadcast as effectively as it should have been done on a daily basis.

#DelhiHighCourt #COVID19

Court order contd.: Their publication on a few days in one or the other medium is not sufficient. We have earlier as well emphasized this aspect and we are compelled to once again make this observation since there is not much ground covered

#DelhiHighCourt #COVID19

Court order contd: We therefore again direct the UOI and GNCTD to undertake the publication of all the relevant helpline numbers and information through all audio video and print mediums on a continuous and daily basis ...

#DelhiHighCourt #COVID19

Court order contd: ..... so as to educate the people of the facilities created by the state for testing and treatment of COVID-19 as well as other issues such as mental health issues and issues arising in the society on account of the pandemic.

#DelhiHighCourt #COVID19

Adv Nidhi Parashar takes court through programmes, tickers aired on Doordarshan to sensitise on #COVID19 related issues.

Justice Sanghi: I watch Doordarshan, and I can tell you I have not seen

Adv Kiritman Singh responds that these will be increased.

#DelhiHighCourt

Justice Singh responds that it could also be because he is in Court most of the time.

Adv Anurag Ahluwalia also submits that programmes and tickers of COVID-19 will increase.

#DelhiHighCourt #COVID19

Adv Singh recalls that when the #AarogyaSetu app was launched, hardly anyone was spared from the advertisement for it.

Singh: Perhaps that kind of aggressive campaign is required.

#DelhiHighCourt #COVID19

Court says people have to be bombarded with relevant info on #COVID19

Court: If you have to fight a war, war needs propaganda no? You have to make people aware

Singh: A certain numbness has set in. Perhaps that has to be broken through an aggressive campaign.

#DelhiHighCourt

Rao refers to May 20 order where Court had directed a meeting with DDA and three municipal corporations. Municipal New Delhi Municipal Council was not mentioned. Court orders that NDMC also attend the meeting

#DelhiHighCourt #COVID19

Justice Sanghi: We have covered a lot today. I think we can call it a day.

Hearing adjourned. Bench rises for the day.

#DelhiHighCourt #COVID19