Thread by @barandbench

Karnataka HC will shortly hear a suo motu case registered on COVID-19 management in the State.

Chief Justice Abhay S Oka and Justice Aravind Kumar will hear the matter.

#COVID19
#vaccine
#OxygenShortage

Bench to AG for State: Please see your advisory. It does not say anything about Covishield.

PHANA said that they are giving Covishield first dose also.

#vaccine
#COVID19
#karnatakalockdown

Their stand is very clear. Stand of PHANA. Ultimately for them, it's a business venture : Bench

It's an essential part of health care.

Adv Shridhar Prabhu: Centre can say only for second dose we will allow Covishield.

Phana says it cannot deny if someone has registered

GR Mohan: App is only for Covishield.

Prabhu: No, it is for both.

Bench: Website is for vaccination, subject to correction. There is no choice.

#vaccine

Bench to ASG Aishwarya Bhati for Centre : For May, State has booked 15 lakh out of which they have taken 14.9 lakhs.

Private players have booked 16.16 lakh. They have only booked but they may get it anytime : Bench

The Numbers are dynamic.... Subject to change : ASG

Bench: On the face of it, private players are violating your guidelines.

So no action will be taken against them?

The variation is only small, 18,000 doses: ASG

Today it is lakhs, tomorrow it may be more : Bench

#vaccine

ORDER

50% of vaccines will be provided by the Centre to State for free. As remaining 50% concerned, 25% can be utilised by directly placed orders by State, this is can be used for free vaccines : Bench

Remaining 25% is for private players to book directly from suppliers or manufacturers.

Considering the requirement on the second dose, quantity which State will have on June 1 will be barely sufficient to meet the requirement of second dose : Bench

AG says that State has stopped giving first dose of Covaxin to any person in any age category. Advisory issued to this effect : Bench

Covishield - In para 8, it records that, 10.52 lakh doses were available on May 22. 7 lakh likely to be allotted by Centre.

It is stated that these doses will take care of second doses for those persons who will be due for second dose by June 17.

Priority will be given for beneficiaries who require second dose, State has submitted: Bench

In 18-44, priority for front line workers for first dose of covishield : Bench

#VaccinationDrive

Scenario which emerges today is that, out of the total 75% quota of vaccines, first dose of covaxine cannot be given to any age group. Secondly, in 18-44, as of now, first dose of covishield only to front line beneficiaries : Bench

As vaccination is one of the most effective mode to stop covid, State to come out with action plan for vaccinating persons belonging to age above 45 and age groups of 18-44 age groups and priority groups : Bench

State will have to make its stand clear by next week.
PHANA states that govt has only issued advisory and not a direction.
He says private health care facility will have no option but use even covaxin – first dose if they have registered : Bench

Govt advisory does not even suggest that as far as possible, the available doses of Covishield should be used to those who have already taken first dose.

Thus, on one hand, persons who belong to 18 yrs and above who visit state est are not getting vaccine unless they are front line workers.

Those who have taken first dose from State est will have to wait for second dose.

In private est, he may immediately get vaccines without waiting : Bench

#vaccination

Necessary for Centre, state to take note of this situation in the context of Art 14.

We direct both State, Centre on this aspect on question of issuing direction to private est who are using 25% quota : Bench

Those who are entitled to priority groups should be made aware of registration for vaccines. Should not be denied vaccines due to lack of registration : Bench

Persons with benchmark disability

State must come out with action plan in what manner they are going to administer vaccines : Bench

It has to be implemented, very good decision of the State government to include persons with disability in priority groups : Bench

Oxygen

Does it meet requirement of the State? : Bench

How are you going to procure 1200 MT as directed by centre: Bench

#OxygenCylinders

What is the minimum requirement for buffer stock for each district, it may vary, but there has to be minimum has to be prescribed.

There has to be a target fixed. Otherwise purpose of buffer stick maybe be lost

Secondly, tell us how you will procure 1200 MT of oxygen? Bench

Exclude 370 MT outside the state, so now the remaining 830....Is there a circular issued that if a district is lacking in oxygen, that they should get it in specific time?

AG: Regional nodal officers have been appointed.

#OxygenCrisis

Prabhu: In around 10 districts the storage for buffer capacity of Oxygen is zero.

Districts like Kalaburagi, Chikbalapura etc.

#OxygenCrisis

Prabhu submits that lifting oxygen from Orissa will be for time-consuming esp because of cyclone.

He submits that procuring oxygen locally will be better.

#OxygenCrisis

Justice Kumar: There was some representation made to KSLSA by an NGO which can set up Oxygen plants.

Adv Sreenidhi for BBMP: It is a trust and it is doing very good work for society.

Bench suggests State can consider the representation.

CJ: Three things we will say today in our order

-whether you are able to procure oxygen from other states. If not you should approach CG.

-Third-wave is coming..... thus buffer capacity for Oxygen has to be fixed

- storage capacity also has to be fixed.

ORDER

Now we deal with availability of Oxygen. In written submissions filed by state it is stated that w.e.f May 23, the allocation of Oxygen for state has revised to 1200 MT, from 1065 MT

HC: Out of 1200 MT allocation, 370 MT allocated from places outside state.
From Fig given it is apparent that except for May 27, state has not not the entire quota allotted.

Chart of Centre also indicates state is not able to draw allocated quota.

Bnech: We therefore direct State to file affidavit by Monday, setting out the difficulty if any for securing quota of Oxygen from outside state.

If state is facing is difficulty it should approach Centre immediately.

There is a supreme court direction to create buffer stock in each district is a chart giving buffer stock.

State has not fixed minimum biffer stock for each district.

There appears to be issues regarding availability of storage tanks : Bench

State will have to take decision of fixing min quantity of buffer stock on a weekly basis so that even if it used, it can be replenished frequently : Bench

Another issue canvassed is regarding distribution of oxygen within the State. It is relying upon GO dated may 15, to appoint Regional Commissioners as nodal officers.

State will have to lay down modalities to allow Regional Commissioners to procure Oxygen from other regions.

Court on Chamarajanagar Incident

Bench: Now the Chamarajanagar incident, whether 24 or more deaths were there needs to be gone into.

Even by way of ad-hoc compensation, the amount of Rs 2 lakh is on the lower side.

Adv GR Mohan: A report mentions about 36 people dying.
Bench: Thus, we are putting the SG to notice that we will hear it on the issue raised next week.

What is the stand of govt on Atma nirbhar scheme? Bench asks Centre

SC specifically says, in this scheme or not, every migrant worker should get dry ration.

Even other persons who do not have ration card should be given dry ration : Bench

Adv MN Kumar for Centre : Under Atma Nirbhar scheme in state of Karnataka, only 29 percent was distributed during last year.

Senior Adv Jayna Kothari: Accessing Indira Gandhi canteens three times day for food is difficult for women and young children. Very few people.

Adv Sreenidhi for BBMP : None of these clients of the advocates arguing have come to BBMP, if they come to us we will give it to them. Not a single email brought to our notice.

Bench: Mr Sreenidhi we are talking about the entire state, not just BBMP limits/

Adv Sreenidhi: Yes Milords, I am talking about the state, let them come to us first.

ORDER

There are different clases who need dry ration. First those who have ration cards but no income. Second section - no income but not applied for ration cards.
Midday meal. Centre to clarify whether midday meal scheme will continue amid school vacation: Bench

.

All parties will be heard on these issues on Thursday : Bench

Court also records GO allowing advocates clerks to go to officers on court working days : Bench

Major grievances of Advocates are taken care of : Bench

Matter will be next heard on June 1.

Bench rises