Thread by @barandbench

#MadrasHighCourt to continue hearing #COVID19 related matters today.

Hearing before Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy to start at 2.15 pm.

Track thread for Live Updates.

In the last hearing:-

- Centre said 216 cr vaccines would be made available in India by year-end
- HC observed future vaccine allocation for TN appears “somewhat disappointing”
- HC asked State to consider capping prices in private hospitals

Read more:

barandbench.com/news/litigatio…

Bench assembles.

Advocate Sankar Shanmugam makes submissions. Makes prayers for creating more awareness on #COVID19. Says proper awareness is lacking. Awareness must be disseminated through TV programmes, he says.

#MadrasHighCourt #COVID19India

Court: There are many programmes are going on. Private channels, we cannot control. There is a limit which State has on how to exercise control.

Doordarshan is broadcasting awareness programmes, CJ notes.

#MadrasHighCourt #COVID19India

As for any misinformation on private channels,if any content that is erroneous is found, can complain to the council, Court says.

#MadrasHighCourt #COVID19India

Petitioner refers to how China has controlled media dissemination in efforts to curb #COVID19

CJ: If you want to go and copy China, you are welcome to do that. It's a ... neighboring country ... We are proud to be Indians, we do not have to do anything Chinese

#MadrasHighCourt

Court disposes of the matter, records: For a start, unless advertisements are issued, the matters to be broadcast on private television channels cannot be controlled by the State.

#MadrasHighCourt #COVID19India

Court order contd: In any event, no news channel or news-oriented channel can escape the... of COVID... and most news channels are broadcasting information pertaining to COVID.

#MadrasHighCourt #COVID19India

Court order contd.: At times, the information may not be correct or in the public interest. But if any person has any objection, the same has to be taken to the appropriate council or authority.

#MadrasHighCourt #COVID19India

Court order contd: As far as Doordarshan is concerned, there are regular programs disseminating information and measures that ought to be taken. Advertisements are also broadcast in the public interest, encouraging vaccination drive.

#MadrasHighCourt #COVID19India

On matter concerning interim release of prisoners amid #COVID19.

CJ informs that Court has received reports on progress by High-Powered Committee tasked to decide on such interim release.

#MadrasHighCourt

CJ: We are satisfied steps are being taken by High Powered Committee. The hygiene aspect is also being looked into. District Judges have visited correctional homes even during the lockdown. The dialogue has been initiated with Jail Superintendent

#MadrasHighCourt #COVID19India

Senior Advocate R Vaigai suggests that the reports of the High Powered Committee should be made available online.

CJ: Very good suggestion, we will require that to be done

#MadrasHighCourt #COVID19India

Senior Advocate Vaigai also notes that COVID care centres are now set up in Puzhal prison.

There are nine central prisons in TN which have a large population of prisoners, she points out.

#MadrasHighCourt #COVID19India

Court is appraised of COVID in Puducherry jails, number of persons granted emergency parole, inspections carried out

Vaigai requests that matter is posted next week so she can go through High Powered Committee report.

Court says it will be posted next week

#MadrasHighCourt

Advocates are not allowed to interview prison inmates, Adv Alagumani submits.

Court starts dictating interim order concerning inmates of prisons amid COVID.

#MadrasHighCourt #COVID19India

Court records that High Powered Committee has met, reports have been filed. As far as State is concerned, the report speaks of a COVID care centre launched in Puzhal Central Prison, Court records.

#MadrasHighCourt #COVID19India

Court records concerns regarding other Central correctional homes. It appears from TN Legal Services Authority report, the situation is under control and the number of COVID cases among inmates is not alarming, Court records.

#MadrasHighCourt #COVID19India

Several inmates are in the process of being released on parole or leave in some time by relaxing existing rules to ensure less crowding in correctional homes, Court records.

#MadrasHighCourt #COVID19India

It is indicated that there were 7 women with children, including 4 convicts.

Steps are taken to give such inmates leave as special cases. The same parameters as followed in the initial lockdown have been followed in this case, Court records.

#MadrasHighCourt #COVID19India

Of 200 inmates of Puducherry correctional homes, about 4 have tested positive. This alarming rate is cause for concern, Court records.

#MadrasHighCourt #COVID19India

It is submitted by authorities that of the 4 correctional homes, including the Central correctional home in Puducherry proper, the 3 in Mahe and Yanam and Karaikal are not functioning. Karaikal was in a dilapidated condition even before pandemic, HC records.

#MadrasHighCourt

There are no inmates in Mahe or Yanam facilities. The Puducherry facility can accommodate about 300 inmates... the current strength is about 150 after 31 inmates have been given parole or leave, HC records.

#MadrasHighCourt #COVID19India

4 persons who tested positive were hospitalized and treated. 2 recovered. There is no fatality in Puducherry prisons, Court records.

#MadrasHighCourt #COVID19India

Learned Amicus appointed in suo motu proceedings pertaining to correctional homes submits that decisions by High Powered Committees under aegis of Legal services authorities must be published on govt website. This is an appropriate suggestion, Court records.

#MadrasHighCourt

Govt should publish decisions taken by HPC at recent meetings setting down parameters for grant of parole or leave of inmates. Process of temporary release of inmates should be expedited so crowding in correctional homes is brought down to the extent possible:
#MadrasHighCourt

Court notes submission that contact between inmates and advocates were stopped during the lockdown, while it is reported that inmates maintain contact with relatives.

#MadrasHighCourt #COVID19India

Since there are video conferencing facilities and in any event, there are Video calls possible ... authorities at all correctional homes should permit interaction between advocates representing the relevant inmates upon setting down procedural parameters:
#MadrasHighCourt

In such regard. since the surge has subsided in most places, immediate contact may be permitted as sought on a rational and reasonable basis: Court on permitting advocates to meet with clients in correctional homes/ jails

#MadrashHighCourt #COVID19India

Matter concerning correctional homes posted next week.

#MadrasHighCourt #COVID19

Plea seeks compensation for doctors, nurses, sweepers, and other frontline workers and families of those who died upon being afflicted by virus

Court order: There are certain schemes announced by state in certain cases ad hoc compensation has also been awarded

#MadrasHighCourt

Court order contd.: It is a matter of policy that the state sought to consider, there can be no general directions issued by the court.

#MadrasHighCourt #COVID19

Hoped that matter would receive the sympathetic consideration of the state particularly in cases of needy families who lost their bread earners. Both compensation and compassionate appointment may be considered by the state : Court notes.

#MadrasHighCourt disposes of plea to waive toll fees on highways and the like during the period of #COVID19.

Court: For a start, it is a matter of policy. More importantly, the court fails to see a direct nexus between the pandemic and the charging of toll on the highways.

Court adds: There are other matters pending where the quantum of toll fees and propriety of collecting toll fee are the issues. Such matters will be taken up in due course when the functioning of courts goes back to normal in the next few weeks.

#MadrasHighCourt

Plea concerning feeding of stray animals amid #COVID19 pandemic taken up. Court notes it has received a "lovely report"/ affidavit from the committee constituted on Court's orders under aegis of Animal Husbandry Dept.

#MadrasHighCourt

Various measures informed including daily feeding of 450 stray dogs, drive to get read-made dog feed, fodder provided for horses, drive to ensure elephants in captivity are in good condition and they get adequate water & food

#MadrasHC

CJ: Forgive me for saying so, but I could not have done a etter job. We should not interfere where good work is being done

Adv Yogeswaran appears for Committee, raises concern that close to 90 horses in severe distress, says available fodder may be exhausted in a few days.

Court asks State to consider the matter sympathetically.

CJ: All these stray dogs and cats, they are all struggling. Those who are really affected,... they cannot come up to the court. they don't have a right of audience. We have to take care of them...

#MadrasHighCourt #COVID

CJ: We appreciate the govt notifications published, but there should be actual work

#MadrasHighCourt #COVID

Court order: This relates to stray animals who find it difficult to forage for food with the lockdown in place. In particular, several horses have been left to fend for themselves by owners who otherwise exploit these animals to earn a living.

#MadrasHighCourt #COVID

Order contd.: The committee constituted by previous order has met and the suggestions made will doubtless take care of the situation. But the problem is of funds. CSR funds have been opened for the project, no money is forthcoming.

#MadrasHighCourt

Order contd.:Ssince money to be expended would run into a few lakhs, the state should release funds to the animal husbandry dept for stray animals to be fed to some extent.

#MadrasHighCourt #COVID19

Order contd.: The animal husbandry has sought initial amount of Rs 9 lakhs or thereabout. It is hoped that the state immediately sanctions the amount so that stray dogs, cats, horses, elephants can be taken care of and their daily food can be organized

#MadrasHighCourt #COVID19

Court order contd.: An appeal may also be made to corporate houses for funds or material that may go into feeding the stray animals.

Matter posted Monday after next.

#MadrasHighCourt #COVID19

Court takes up plea for extension of Rs 4,000 COVID-19 cash relief announced by State to transgender persons who do not hold ration cards.

Is there a roster of transgender persons?: CJ

The state has details: AG

#MadrasHighCourt #COVID19

Sr Adv @jaynakothari says Transgender Board has stopped functioning, no ID cards given in 2 years or so

She submits while about 12,000 transgender persons have the ID issued by board, few have ration cards. However, they do have other ID cards showing their transgender status

CJ: Mr AG please consider this. Because that is really a deprived class.

AG: We won't restrict to non-ID cardholders ... transgenders they have an organization. Identification will not be a problem.

Court: We will record your submission. Will keep the matter on Monday.

Court order: Petition seeks to extend cash benefits that State govt has paid out to ration card holders... a 4th or 5th of transgender persons have ration cards. Acc to the petitioner a board was set up by the state to register transgender persons in state and issue ID cards.

Court order contd.: However such board has stopped functioning even before pandemic set in in 2020.

#MadrasHighCourt #COVID19

#MadrasHighCourt order contd.: State submits that govt will sympathetically consider the matter pertaining to transgenders and the fact that eligible persons may not possess a ration card will not stand in way of them receiving relief since there are other forms of ID cards ...

#MadrasHighCourt order contd.: State should take a decision and come to the aid of transgenders who require immediate relief.

Matter posted next Monday for the state to indicate if any measures have been taken.

#COVID19

Court is now hearing the suo motu case concerning #COVID19 management. CJ notes that from reports received, the situation is not as dire as before.

#MadrasHighCourt

Government Pleader N Mala makes submissions concerning need for more #Oxygen allocation for Puducherry.

ASG says there are small adjustments being made, says he will take it up.

#MadrasHighCourt #COVID19

People who have booked for vaccinations with COWIN app from Auroville are being refused vaccinations, Adv Anirudh says.

CJ: These anecdotal complaints we will not take, file an affidavit.

#MadrasHighCourt #COVID19

Adv Anirudh makes some more submissions, Court reiterates that it will not entertain only oral submissions, asks counsel to take some responsibility, and file an affidavit.

CJ adds: Ms Mala, you heard him? We hope this is not happening.

#MadrasHighCourt #COVID19

Adv V Vasanthakumar raises concern that there are breaches of COVID-19 protocol noticed in an area, people are moving, may lead to COVID spread.

#MadrasHighCourt #COVID19

Court dictates interim order, records that there is a falling rate of COVID cases in both TN and Puducherry. At the same time, the number of persons successfully treated has increased, though the number of deaths has gone up.

#MadrasHighCourt #COVID19

Generally, there is a time lag between positivity going down and the rate of deaths plateauing, Court records.

#MadrasHighCourt #COVID19

By and large, there does not appear to be a dearth of beds... supply of oxygen to the state has been increased to 650 MT per day. In addition, State has used its own resources to augment supply and to arrange for oxygen concentrators and the like, Court records

#MadrasHighCourt

Nursing students have been engaged as the state's report says to monitor the blood oxygen level...: Court records

#COVID19 #MadrasHighCourt

Court records that Centre has indicated allocation of vaccines, medicine to treat #BlackFungus etc. to TN, Court records

#COVID19 #MadrasHighCourt

Puducherry's concern appears to be in the dip of oxygen available on a daily basis. A particular manufacturing facility earlier producing more than 80MT has reduced production to 72 MT, leaving Puducherry requiring outside supply, Court records

#COVID19 #MadrasHighCourt

Hoped that Centre looks into a larger allocation of oxygen supply to Puducherry since Puducherry perceives its requirement to be 65MT per day, Court records

#COVID19 #MadrasHighCourt

Court records State has taken measures to cap charges by private hospitals apart from the availability of group health insurance schemes. Several persons not directly included extended, Court records

#COVID19 #MadrasHighCourt

#MadrasHighCourt takes note of submission re covering up of dead bodies who died due to #COVID19. Court notes suggestion that at least the face of deceased COVID patients should be covered by transparent material so relatives can have a look for the last time or at least identify

#MadrasHighCourt takes note of suggestion for passes to be supplied to NGOs supplying free food to those who do not have ready access to food or those who are in quarantine.

#COVID19 #COVID19India

Bench appears to have lost connection to the virtual hearing.

#MadrasHighCourt #COVID19

Court officer rejoins, informs the suo motu case has been posted next on May 31.

The order will be uploaded online tonight, she informs.

Hearing over.

#MadrasHighCourt #COVID19