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

Hearing to take place before Justices Vipin Sanghi and Jasmeet Singh.

#DelhiCovid

@CMODelhi @LtGovDelhi
This was issue related to judicial officers.. court had directed a meeting. Significant developments have happened: Senior Adv Dayan Krishnan for Delhi Judicial Officers Association.

Things are adequate.. govt has appointed Principal Secretary (Law) as nodal officer; Krishnan
The only small issue is with respect to declaration of frontline workers. They have been declared as frontline for vaccination only. If there are any other benefits, that should also accrue to us. That needs to be looked into by govt : Krishnan

#DelhiHighCourt
Next is ex gratia compensation.. I'm sure government will look at this positively. Government is looking into it : Krisnan

#DelhiHighCourt
Senior Adv Rahul Mehra for Delhi govt says it is not adversarial.

Certain issues were flagged. Govt is looking into it and considering. Issues raised were favourably dealt with and others are being looked into. There are no other privileges wrt frontline: Mehra
Term was coined for benefits of vaccination. If there are other benefits, my friend on other side can inform: Mehra

If tomorrow the ambit expands, those benefits should also accrue : Krishnan

#DelhiHighCourt
Mr Mehra's intervention really helped : Krishnan

I'm greatful for acknowledgment. But it's an every day work : Mehra

#DelhiHighCourt
Adv Dheeraj says petition by av Tanveer Ahmed Mir may be heard later. L

What remains in this matter. We'll take it up after vacation: Court

#DelhiHighCourt
Association is here. They are here now : Court

#DelhiHighCourt
Court records order.

GNCTD has approached the whole matter in a positive manner: Cour records Krishnan's submissions.

#DelhiHighCourt
Committee appointed by Chief Justice, headed by Justice Mukta Gupta and comprising Justices Navin Chawla and Prathiba M Singh has issued directions in relation to expenditure incurred by judicial officers.. : Court records

#DelhiHighCourt
Court records that GNCTD has declared judicial officers as frontline workers for the purpose of vaccination.

If there are any other aspects in future, same shall be applicable in future: Court records GNCTD submissions.

#DelhiHighCourt
Adv Tanveer Ahmed Mir: I was only wanting to make a request if the authorities can be called upon to take a statement on reimbursement of Medical expenditure incurred by judicial members and court staff.

#DelhiHighCourt
Number of fatalities have taken place.. I'm gald we have incorporated committees. Fact remains that reimbursement can be done only by employers.. obviously on case to case verification basis: Mir

#DelhiHighCourt
Members had to go to all kinds of Hospitals. In private hospitals, 3-4 lakhs were asked first : Mir

There is enough case law available on this.. Committee has already been able to achieve (cash less facilities in empanelled Hospital): Court

#DelhiHighCourt
We expect State will act reasonably.. some dispute may be there. Those are specific instances that have to be dealt with. by and large, everything has been taken care of. We don't have to pass any blanket order at this stage: Court

#DelhiHighCourt
Mehra informs the Court that there is a system to deal with cases of employees of Delhi government employees and claims of judicial officers would be decided accordingly.

#DelhiHighCourt
We trust the Committee. It is taking pro active steps. What else can we ask for : Krishnan

#DelhiHighCourt
Mir says his Petition also deals with the staff.

Court says committee is also dealing with them.

#DelhiHighCourt
We've told you there can't be a blanket order.. why should we assume it won't be done: Court

#DelhiHighCourt
Decisions by the Committee pertain to court staff of this court and district courts: Court

#DelhiHighCourt
Court records order.
Court records submissions by Mir.

#DelhiHighCourt
Court records Mehra's submissions on the point of reimbursement.

There are sufficient judicial precedents available.. for non empanelled hospitals.. it would be premature for us to pass an order directing the govt to clear all claims. Each claim has to be examined, says Court
In our view, all issues in these Petitions stand addressed and we will dispose of these Petitions: Court

Court grants liberty to parties to come back in case of issues in the future.

#DelhiHighCourt
Court takes up the issue of medicines for black fungus.

#AmphotericinB
#DelhiHighCourt
Yesterday I said 14 are left. 10 were of emulsion. : Mehra

#AmphotericinB
Total cases that Delhi has is 613. 6k doses are required for those. 1k cases will require treatment in coming months: Mehra

#DelhiHighCourt
Number has risen to 613 to 197. It won't take two months to reach 1k cases : Mehra

#DelhiHighCourt
In this case we are concerned with one patient. We are not saying your estimation is not correct.. your indent on Centre is not justified.. but govt has to allocate to all.. You are not looking at requirment of other States. It can't be done like that : Court
#DelhiHighCourt
This would not have got but for the court's intervention.. the court may consider all patients.. voiceless, faceless patients are all before this court : Mehra

#DelhiHighCourt
We can't pass an order that give it to a or b at the cost of C. We won't be able to do that. If we were in excess supply, we would have passed the order : Court

#DelhiHighCourt
If you had zero stock, we would have said sorry to this patient: Court

#AmphotericinB

#DelhiHighCourt
My endeavour is to only show that every single opportunity, mechanism has been looked into, is being explored..in a more holistic manner court can look into. My endeavour is not to put something in a situation: Mehra

#DelhiHighCourt
There is a crunch. It is no solace to say that Centre is doing is best when there are other areas that can be explored : Mehra

We asked them to scout for it. We've already said all that : Court

#DelhiHighCourt
Mehra says Centre's statement on #AmphotericinB shouldn't be considered without any data or record.

#DelhiHighCourt
Adv Gautam Narayan says that another petition seeking #AmphotericinB will come up before the Court.

Amicus Rajshekhar Rao says State of Haryana has floated a global tender for the drug.

#DelhiHighCourt
We will have no difficulty floating tenders.. if that's the way, then be it. Vaccination was exactly the same issue : Mehra

#DelhiHighCourt
Isn't it prudent that whatever support centre wants from Delhi govt.. we will extend. But it has to and it must come from Centre. There is economies of scale.. : Mehra

#DelhiHighCourt
Government of India has a greater leverage than us.. but if you (centre) can make a statement, we will : Mehra

Adv Kirtiman Singh says steps are being taken by Centre and he would file a report.

#DelhiHighCourt
Court asks Ganga Ram hospital why it was not updating the portal for black fungus drug.

Delhi will not receive unless you update the portal. All hospitals are doing it. Why is Ganga Ram not doing it : Court

#DelhiHighCourt
Today I have enough doses for 12 patients for one day: Adv Ashish Mohan for Ganga Ram.

He says Ganga Ram is making requisitions as per a govt order.

#DelhiHighCourt
The information is to be given to the DM who gives to the DSO.: Singh

Yes, Our letter is to the DM. So thay govt collates data and gives it to the other govt. Ganga Ram is not giving to the DM : Mehra

#DelhiHighCourt
Mohan says he has to take instructions.

Court asks about the status of the present patient.

His allocation has been received by name.. unfortunately we have to work with the doses received: Mohan

#DelhiHighCourt
Adv Iqra Khalid for the patient says the vials will last only today and there is nothing for tomorrow.

Just because we missed one dose on 23rd, the infection spread to the orbit and sinus and two bones had to be removed: Khalid

#DelhiHighCourt
Allocation are on three days basis. We have to be hopeful.. once he has been recognised: Court

#DelhiHighCourt
Just because State is not able to procure, it is denying him right to life and right to dignified life : Khalid

#DelhiHighCourt
Court says it did pass an order on ICU bed for a patient but that didn't give him any preferential treatment.

We assume you will not make that kind of request: Court

#DelhiHighCourt
Since now allocation has been made and it's on a three day basis, there is no reason to assume that it won't be there. There are 80 patients being treated at Ganga Ram. If they don't have it for 79 patients.. then be it : Court

#DelhiHighCourt
#AmphotericinB
Mehra says supply would be made when Delhi govt gets the drug.

My hands are also tied.. I don't want to give false hope. If it comes.. : Mehra

#DelhiHighCourt
Mehra says Centre may inform if any supply was coming to Delhi.

They should have some backup. Some cushion for a day you should keep available: Court

300 are allocated to Delhi...if they could be expedited: Mehra

#DelhiHighCourt
Court says there still are 4 vails with Delhi govt and those can be utilised.

Mr Kirtiman, the gap is widening by the hour. It has to be on war footing. Please understand that fight.. every hour counts. We read it is available in Dubai, UAE : Court

#DelhiHighCourt
Waiting for a global tender may not be appropriate when people are losing half their face : Senior Adv Krishnan Venugopal as he says powers under Disaster management Act can be invoked.

#DelhiHighCourt
If the DDMA or the national authority were to make enquires from the distributor in Singapore, Dubai etc.. we may tide over the patients who need to be save immediately. Consideration of cost should not come in the way : Venugopal

#DelhiHighCourt
Cost can never be the factor: Mehra

#DelhiHighCourt
Mehra says procurement at Central Government level is easier.

Centre is the govt that has to do this. We are with them. We will incur the cost but procure it for us : Mehra

#DelhiHighCourt
It is not a question of cost but capacity: Singh

We are all doing what we can. Ganga Ram and others may consider giving black fungus drug in combination with another drug used to treat fungal infection.. gaps have to be filled by older option : Singh

#DelhiHighCourt
Doctors must have considered and that's why there are seeking one drug : Mehra

We are here to solve the immediate crisis.. we should not wait for global tender and but take from whatever source : Venugopal

#DelhiHighCourt
Nobody said tendor necessarily has to be floated : Singh

#DelhiHighCourt
If centre can make a statement that state government can source on its own, we will do it. Mr Venugopal can share the details of who is this supplier, we will do it : Mehra

I'll take instructions: Singh

#DelhiHighCourt
I'm sure as of now Centre has placed on record a timeline of supplies from India and abroad.. we have to tide over this period: Venugopal

#DelhiHighCourt
Don't look only at manufacturers but also distribution channels: Venugopal

We're doing that.. tomorrow the court will have a definite course of action : Singh

#DelhiHighCourt
If there are sources you have not tapped, there shouldn't be a problem ( if Delhi govt procures from there) : Court

#DelhiHighCourt
Singh agrees.

There is no confrontation or conflict: Singh

It nobody's case that Centre has put a ban on importing.. you've not monopolised : Court

#DelhiHighCourt
Venugopal says Centre should consider waving import duties on the medicines.

It around 30%... tomorrow we'll verify: Singh

Why should it even be 30%..after Justice Shakdher's judgement. Is it fair to levy duties at this time : Singh

#DelhiHighCourt
#blackfungus
You waive it till we tide over this problem: Court

#DelhiHighCourt
Adv Nidhi Mohan Parashar says customs is clearly imports expeditiously.

Court records order.

There is import duty payable..on the drug being used for treatment if black fungus.. considering the fact that the drug is required to save lives.. : Court

#DelhiHighCourt
we are of the view that Centre should seriously consider waiver of custom and other duties at least for the period it is in short supply in India and is required for treatment: Court

#DelhiHighCourt
We are hopeful that Centre would look to waive off.. we direct if import is made by any person, a bond may be taken from the importer without actual payment of duty till a decision is taken : Court

#DelhiHighCourt
Court says the bond should state that the importer shall pay the duties in case Centre decides to not waive off the duties.

#DelhiHighCourt
An assurance is given that the customs will clear consignment of medicines without any delay : Court

#DelhiHighCourt
The patient has been put in the system a and his need stands recognised: Court

We've requested the allocation : Mohan

#DelhiHighCourt
Court records submissions with respect to the petitioner seeking black fungus drug.

Petitioner has been included in the system.. we are hopeful that futher allocation shall be made while making it for other patients at Ganga Ram as well : Court

#DelhiHighCourt
Court records Mehra's submission that Ganga Ram has not been providing data to the DM on requirement on black fungus drug.

We'll leave it here. We'll take this aspect after lunch : Court

#DelhiHighCourt
Court says it will take up the COVID-19 petitions post lunch now.

Adv Sanjeev Sagar says Roche is selling antibody cocktail for Rs 60k.

What is the point? : Court

MRP. NPPA has to come into play : Sagar

#DelhiHighCourt
There are drugs for lakhs of rupees also..why should we say anything. Go to the NPPA. Don't raise everything under the sun : Court

#DelhiHighCourt
Hearing to resume at 2:15 pm.

#DelhiHighCourt
Hearing resumes.

#DelhiHighCourt
Mohan for Ganga Ram Hospital says it has the most number of patients for black fungus.

He says data would be given to the authorities.

#DelhiHighCourt
Court records the submissions.

We'll list this matter next week and see: Court

#DelhiHighCourt
Amicus Rajshekhar Rao makes submissions.

Says issue is of helpline and PSA plants installation in hospitals.

#DelhiHighCourt
Nodal officer has been appointed (to monitor supply and installation of PSA plants): Singh

We will file it with status report : Parashar.

Court records the submission.

#DelhiHighCourt
I've not been instructed on this. There should have been a nodal officer : Mehra for Delhi govt

We've indicated the nodal officer in our document : adv Satyakam for Delhi govt

#DelhiHighCourt
Mehra reads the document.

GNCTD has placed on record order dated 13 May. Mr GP Singh has been entrusted with the task (of PSA plants installation): Court records.

#DelhiHighCourt
What is the status of PSA plants? : Court

There are 41 PSA plants being commissioned by Delhi govt. 7 by GOI under PM cares and 11 under DRDO: Mehra

#DelhiHighCourt
Mehra reads the status report on PSA plants installation.

#DelhiHighCourt
19 are on its way.. 1 plant was delayed. It is likely to reach on 31 may.. : Mehra continues to read.

Mehra says there are bottling plants as well.

#DelhiHighCourt
4 plants of 6.66 capacity have been commissioned by centre under PM cares : Mehra continues to update.

#DelhiHighCourt
This is all work in progress.. we'll keep it on 4th (June): Court

#DelhiHighCourt
Court records the submissions made by Mehra.

It appears that works are being carried on in respect of most plants and work is in progress: Court

#DelhiHighCourt
Considering the fact that oxygen supply has stabilized, the presence of counsel representing LMO suppliers in dispensed with for the time being : Court

#DelhiHighCourt
Court takes up issue of helplines.

Ads as indicated are now coming.. : Mehra

I suggested that we are placing a comprehensive note on record on Saturday. Amicus can hold a meeting and all suggestions can be taken up and court can consider: Singh

#DelhiHighCourt
This was not just 1031 but more of a WhatsApp model to disseminate real time information: Mehra

#DelhiHighCourt
Mehra says he has suggested that tickers can be run at private channels to provide critical information.

#DelhiHighCourt
There was an issue of operability and accessibility of all numbers. Third was dissemination of these numbers. On this issue what I said was let me place our information on record.. the court may allow us to place a note before the Amicus: Singh

#DelhiHighCourt
Are we talking about local helplines? : Mehra

This are all India helplines and mental health helpline: Rao

#DelhiHighCourt
You circulate the note and hold a meeting: Court

Singh says this aspect may be taken up on June 3.

Court records the submissions.

Amicus would place the suggestions which emerge from the meeting for consideration: Court

#DelhiHighCourt
Meeting to be attended by Amicus Rao, Senior Advocate Rahul Mehra, Satyakam, Gautam Narayan and Kirtiman Singh.

#DelhiHighCourt
Amicus Rao raises issues pertaining to insurance.

#DelhiHighCourt
Adv Abhishek Nanda appears for IRDA.

#DelhiHighCourt
There are four policies. First, comprehensive health insurance policies. They cover hospitalisation cost of COVID 19. We issued circular clarifying that these cover COVID 19: Nanda

#DelhiHighCourt
Nanda says there are 2 COVID 19 specific policies - corona kavach and corona rakshak. Corona kavach is indemnity based and also covers home isolation. These are short term policies. Corona rakshak was not mandatory. It is benefit based for patients hospitalised for 72 hrs : Nanda
Nanda points out that there are 25 COVID insurance policies floated by insurance companies.

#DelhiHighCourt
Nanda says more than 26 lakh corona kavach policies were sold.

#DelhiHighCourt
Total more 31 lakh COVID specific policies were sold : Nanda

#DelhiHighCourt
Total claims settled till April 30 is over Rs 12 lakh : Nanda

#DelhiHighCourt
As far as publicity is concerned, we have issued press releases whenever required. They are available on website of every insurer. We have done publicity: Nanda

#DelhiHighCourt
Nanda says the 31 lakh+ policies cover over 1 crore people.

This is very miniscule in terms of the population of India. 130 crore is the total population: Court

#DelhiHighCourt
Nanda says policies cover people aged 18-65 years.

Data shows that people above 65 are in more need and you are excluding them..this is in the Nature of welfare mechanism: Court

These are standard policies: Nanda

These are not standard times: Court

#DelhiHighCourt
It defeats the purpose: Court

I'll take instructions : Nanda

#DelhiHighCourt
When the idea is to protect... I'm unable to see the logic : Court

You've to increase the insurance base and then subsidise : Court

#DelhiHighCourt
If we were to ask the governments to at least tell their employees that these are the policies... We can't thrust upon them.. so that more and more people would get covered.. and frontline workers: Court

#DelhiHighCourt
Government employees generally have group insurance policy. The only problem is home care treatment that is not covered.. hospitalisation is covered: Nanda

Are they cashless: Court

#DelhiHighCourt
Depends on agreement with the hospitals: Nanda

#DelhiHighCourt
Adv Amit Mahajan says why should home care treatment expenses not be covered in existing policies when beds were not available.

Court says IRDA should look into it.

#DelhiHighCourt
There are huge number of blood tests that are so expensive.. patient ends up paying 50-60k: Mahajan

This is raise the premium: Nanda

#DelhiHighCourt
12 thousand 60 crore has already been given : Nanda

In PIL we can't get into this nity gritty. It seems unfair..now IRDA is covering home care also : Court

My suggestion is they should put it in the existing policies: Mahajan

#DelhiHighCourt
The standard policy is based on indemnity and terms and conditions are sacrosanct.. there are people who despite best efforts couldn't get bed.. they were denied bed. That aspect IRDA can consider. If somebody could verify on case to case basis: Rao

#DelhiHighCourt
People who deserve it, should get it : Rao say he suggests that it should be seen how many COVID claims were rejected on account of non hospitalisation.

#DelhiHighCourt
Adv Rakesh Malhotra says his claim was rejected by the insurer because he was discharged after 23 hours of hospitalisation.

#DelhiHighCourt
I don't think I spent more than 20k on my treatment: Nanda

You are lucky: Court

Nanda says the premium is as low as Rs 155 of COVID specific policies.

#DelhiHighCourt
If you were to compare the premium collected with amount disbursed, premium would be much more. Insurance companies are not doing charity: Court

#DelhiHighCourt
If we were to say that Centre or State govt should tell their employees that they can take these policies.. : Court

Most have group health insurance.. most will cover COVID hospitalisation. COVID specific policies were for population which didn't have insurance: Rao
If people have bought the policy.. we don't have the number of rejections and on what ground. If these were because of practical problems on the ground, that may warrant some interference: Rao

#DelhiHighCourt
Rao says policies cover 14 days when a lot of people have spent more than that.

He also raises issue of persons who received hospital like treatment at home.

Oxygen cylinders are covered : Nanda

If I've a concentrator, that won't be covered: Rao

#DelhiHighCourt
Court asks if black fungus would be covered in the COVID specific policies.

These are for 14 days.. there are other policies. These are standard policies for few things : Nanda

#DelhiHighCourt
You can ask your insurance companies to hold camps. Do you issue such directions? : Court

#DelhiHighCourt
We generally don't force that terms and conditions be added. Everything is calculated: Nanda

#DelhiHighCourt
Rao suggests if extra premium could be paid by the governments for extra cover.

#DelhiHighCourt
You can put it across to centre through Mr Mahajan. Beyond that we can't.. : Court

Absolutely : Rao

#DelhiHighCourt
If 20k fell sick, only 5k got beds.. government should consider covering them also.. in third wave also, 80% will not get beds: Mahajan

Mahajan suggests rolling out a prospective policy addition on this aspect.

#DelhiHighCourt
Two suggests have come- IRDA could be asked to consider issuing directions to relax the requirement of Hospitalisation. Second is the existing policy to include the COVID kavach policy on payment of premium : Court
Whichever company it is, why can't they add the corona kavach and add this premium : Court

Premium would be very high : Nanda

#DelhiHighCourt
We are not issuing a direction. We're saying consider. We can't do that.. these are practical things : Court

#DelhiHighCourt
Court begins dictating the order, records submissions.

#DelhiHighCourt
It appears that IRDA has taken steps to mitigate sufferings of people on account on covid. There are couple of issues IRDAI should consider.. : Court

#DelhiHighCourt
As a matter of common knowledge and we can take judicial notice of the same, for about 3-4 weeks when the current wave was at its height, there was acute shortage of hospital beds, not only in NCT of Delhi but also all over the country: court
Those who required Hospitalisation were not able to secure beds much less ICU and ventilator beds. Thus, dozens of patients who required Hospitalisation had to take treatment at home : Court

#DelhiHighCourt
The insurance policies issued by companies which have been in existence do not cover claims unless one is hospitalised. It only only corona kavash policy..which covers domiciliary care : Court

#DelhiHighCourt
Large number of people would not be able to receive any benefit only because they couldn't get hospitalisation for no fault of their own. IRDAI may examine whether claims in such cases could be considered and under what terms and conditions: Court

#DelhiHighCourt
Needless to state that it has to take place after consultation between IRDAI and insurance companies: Court

#DelhiHighCourt
This is the aspect that needs to be considered: Court

#DelhiHighCourt
Court records suggestions that the existing policy holders can be sent an SMS asking them if they want to be included in the corona kavach policy upon payment of additional premium.

#DelhiHighCourt
This would extend the reach of corona kavash policy to a large number of people.. the aforesaid reasonable and valid concerns.. we direct IRDAI to examine these aspects and place a status report within four weeks : Court

#DelhiHighCourt
This aspect to be considered on July 14.

#DelhiHighCourt
Mahajan says import of amphotericin B would be included in the notification exempting import duty on import of life saving drugs for personal use.

Court records submission.

Is there a list of life saving drug? : Mehra

#DelhiHighCourt
Mahajan says that his statement is ok instructions.

He clarifies that the import has to be done through a relative or someone overseas.

I can't buy anything from a store abroad : Mahajan

#DelhiHighCourt
I can find out if person can buy it or out. I will still find out : Mahajan

Discussion was if Delhi govt was to buy from a wholesaler abroad. Govt won't have a relative : Court

#DelhiHighCourt
Government... I've to find out. Individual would be covered : Mahajan

In various scenarios it will not apply: Mehra

#DelhiHighCourt

Mahajan asks Court to not pass the order today.
Court says it will not change the order.

You consider if it's not covered : Court

#DelhiHighCourt
Hearing over.

#DelhiHighCourt

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