The #GoaBench of #BombayHighCourt to hear PIL for issues related to #COVID management in #Goa.
#GoaCovidCrisis
#GoaCovidCrisis
Hearing before Bench of Justices SC Gupte and MS Sonak.
Advocate General DJ Pangam appears for State.
Addl. Solicitor General P Faldessai appears for Centre
Advocates Nikhil Pai, Akash Rebello, Rui Gomes Pereira, Nigel Da Costa Frias, Vishal Sawant appear for Petitioners.
Advocate General DJ Pangam appears for State.
Addl. Solicitor General P Faldessai appears for Centre
Advocates Nikhil Pai, Akash Rebello, Rui Gomes Pereira, Nigel Da Costa Frias, Vishal Sawant appear for Petitioners.
Hearing begins.
AG Pangam begins his submissions.
Reads out the details of the supplies, such as medicines and oximeters present in the GMC hospital.
States there is no shortage of oxygen anymore.
#GoaBench #goacovidcrisis
AG Pangam begins his submissions.
Reads out the details of the supplies, such as medicines and oximeters present in the GMC hospital.
States there is no shortage of oxygen anymore.
#GoaBench #goacovidcrisis
AG Pangam also gives details on the plans of the State to tackle the possible third wave.
Petitioners point out issues pertaining to use of Ivermectin.
They refer to advisories issued by the WHO which states that the medicine does not have clearance from WHO
#GoaBench
Petitioners point out issues pertaining to use of Ivermectin.
They refer to advisories issued by the WHO which states that the medicine does not have clearance from WHO
#GoaBench
Pangam: I was also given this medicine when I got COVID. It seems that the petitioners just like to point out issues against the Government through petitions.
Court: This is a particularly litigious country. People like to rush to court.
#GoaBench #goacovidcrisis
Court: This is a particularly litigious country. People like to rush to court.
#GoaBench #goacovidcrisis
Court: Having said so, the petitioners are merely showing advisories of the WHO. It is not a direction.
And is there anything in ICMR which recommends Ivermectin?
AG: Yes.
#GoaBench #goacovidcrisis
And is there anything in ICMR which recommends Ivermectin?
AG: Yes.
#GoaBench #goacovidcrisis
Court: Yes you are right. It is there, we will not question it any further.
#GoaBench #goacovidcrisis
#GoaBench #goacovidcrisis
On an application for instituting a Commission for Inquiry to investigate, AG Pangam questions the intention behind filing such an application and the timing of such application.
Requests the Court to kindly consider the application from this point of view.
#GoaBench
Requests the Court to kindly consider the application from this point of view.
#GoaBench
Court points out that they will not hear such applications during vacation because there is no urgency. Those can be heard by regular courts in regular course.
#GoaBench #goacovidcrisis
#GoaBench #goacovidcrisis
Court: We actually want the AG to respond on this affidavit of Govind Jaiswal which points out the issues being faced in the rural places. He has given checklists and actually given details on the village centres.
#GoaBench #goacovidcrisis
#GoaBench #goacovidcrisis
Court: We have been focusing on GMC and urban regions so far. We want his response his on this.
#GoaBench #goacovidcrisis
#GoaBench #goacovidcrisis
Adv Carlos Ferreira makes submissions for his petition pertaining to door to door vaccine.
He points out that the Principal Bench is considering this issue and will get response from the Maharashtra govt and Centre on June 2.
#GoaBench
He points out that the Principal Bench is considering this issue and will get response from the Maharashtra govt and Centre on June 2.
#GoaBench
Court: We are not inclined to hear this for now. There is a shortage of vaccines.There are not requisite vaccines for priority groups also. So we will see in regular course.
#GoaBench
#GoaBench
AG Pangam makes submissions that the petitions are ill-motivated.
Court: Mr AG if you want to make a submission that the petition are filed with ill intention or with malafide intention, then you have to make it good on affidavit. These are submissions on facts.
#GoaBench
Court: Mr AG if you want to make a submission that the petition are filed with ill intention or with malafide intention, then you have to make it good on affidavit. These are submissions on facts.
#GoaBench
AG: I will place forth the necessary pleading challenging the maintainability. But it has become a habit. We have a petition being filed every day. They do not file representations to the government but immediately come to court.
#GoaBench
#GoaBench
AG: There is an impression created that whatever is happening in the State is because of Court’s intervention only.
Court: Mr. AG let petitioners have stated in their petitions about the good work done by the State. Let us not get touchy over a few suggestions.
#GoaBench
Court: Mr. AG let petitioners have stated in their petitions about the good work done by the State. Let us not get touchy over a few suggestions.
#GoaBench
Court: And we will try and dispel this thinking in our order. We will take care of it, if that is your concern.
#GoaBench
#GoaBench
Court dictates order:
Pursuant to our last order, Goa state has filed two affidavits. An affidavit has been filed by Dean Goa Medical College and by Additional Secretary Health.
#GoaBench
Pursuant to our last order, Goa state has filed two affidavits. An affidavit has been filed by Dean Goa Medical College and by Additional Secretary Health.
#GoaBench
Order:
From the affidavits filed, we find both state and centre have adequately addressed the issues raised by various petitioners particularly flagged by us.
#GoaBench
From the affidavits filed, we find both state and centre have adequately addressed the issues raised by various petitioners particularly flagged by us.
#GoaBench
Order:
On the issue of patients being treated, Goa has taken a position that there has been adequate oxygen supply in the state and none of the state including GMC is facing shortage.
#GoaBench
On the issue of patients being treated, Goa has taken a position that there has been adequate oxygen supply in the state and none of the state including GMC is facing shortage.
#GoaBench
Order:
It is submitted that out of 55 MT for the state of Goa, about 46 MT is sanctioned by the Central govt. Apart from allocation, ti has been stated that 15 MT is being generated by 4 stated units - Scoop Industries, 2 units of Givind Powai and one other.
#GoaBench
It is submitted that out of 55 MT for the state of Goa, about 46 MT is sanctioned by the Central govt. Apart from allocation, ti has been stated that 15 MT is being generated by 4 stated units - Scoop Industries, 2 units of Givind Powai and one other.
#GoaBench
Order:
As far as GMC is concerned it is indicated that the optimum utilisation of PSA plants, it will have to shut down one whole floor and as and when the situation improves, the GMC proposes to go in for establishment of PSA plant.
#GoaBench
As far as GMC is concerned it is indicated that the optimum utilisation of PSA plants, it will have to shut down one whole floor and as and when the situation improves, the GMC proposes to go in for establishment of PSA plant.
#GoaBench
Order:
AG has offered to place on record the up to date status of installation of PSA plants as proposed when the matter is next heard by the regular bench post summer vacation.
#GoaBench
AG has offered to place on record the up to date status of installation of PSA plants as proposed when the matter is next heard by the regular bench post summer vacation.
#GoaBench
Order:
So far as equipment such as oxygen flow meter and oximeter and essential equipment is concerned, we have noted in our last order that there have been adequate supplies available with the state government.
#GoaBench
So far as equipment such as oxygen flow meter and oximeter and essential equipment is concerned, we have noted in our last order that there have been adequate supplies available with the state government.
#GoaBench
Order:
The state has a proper supply and adequate arrangement for augmentation fo the supply of medicines.
#GoaBench
The state has a proper supply and adequate arrangement for augmentation fo the supply of medicines.
#GoaBench
ORder:
So far as super speciality block, out of 331 beds, only about 220 beds have been utilised actively and that the block has over 100 beds still available to be used by patients.
#GoaBench
So far as super speciality block, out of 331 beds, only about 220 beds have been utilised actively and that the block has over 100 beds still available to be used by patients.
#GoaBench
Order:
State states that considering the impending third wave and the likelihood of children being affected, the State is making provisions for making beds available for the block for paediatric patients.
#GoaBench
State states that considering the impending third wave and the likelihood of children being affected, the State is making provisions for making beds available for the block for paediatric patients.
#GoaBench
Order:
AG has offered to give an update of the entire capacity of SSB being made operational by commissioning 550 beds and their utilisation by the next date when the matter is heard after the vacation.
#GoaBench
AG has offered to give an update of the entire capacity of SSB being made operational by commissioning 550 beds and their utilisation by the next date when the matter is heard after the vacation.
#GoaBench
Order:
So far as requisition by State to Centre for vaccination shots, which was recorded by us in our last order AG offers to give details by next date.
#GoaBench
So far as requisition by State to Centre for vaccination shots, which was recorded by us in our last order AG offers to give details by next date.
#GoaBench
Order:
As far as vaccination shots for people above 45+ is concerned, which is large quantity of over 2.50 lakh doses, the AG has indicated that State has come up with policy decision for voting out age groups or categories for classes of people who will be administered the
As far as vaccination shots for people above 45+ is concerned, which is large quantity of over 2.50 lakh doses, the AG has indicated that State has come up with policy decision for voting out age groups or categories for classes of people who will be administered the
Order:
Balances shot, in case the available quota is not exhausted for the age group for whom it is meant.
AG has stated that in a week or so this policy would be announced. Besides this policy, the AG has indicated that the State is in process of a sustained drive.
Balances shot, in case the available quota is not exhausted for the age group for whom it is meant.
AG has stated that in a week or so this policy would be announced. Besides this policy, the AG has indicated that the State is in process of a sustained drive.
ORder:
Drive to educate people on the importance of vaccination and see that people from the age group of 45+ do come forward for vaccination. The state will indicate the policy decision on the next date.
#GoaBench
Drive to educate people on the importance of vaccination and see that people from the age group of 45+ do come forward for vaccination. The state will indicate the policy decision on the next date.
#GoaBench
Order:
So far as the testing facilities are concerned, the state has indicated in its two affidavits, we are of the view that there is nothing more to be said.
#GoaBench
So far as the testing facilities are concerned, the state has indicated in its two affidavits, we are of the view that there is nothing more to be said.
#GoaBench
OrdeR:
As far as preparedness for third wave, the State of Goa has found expert committee of 14 doctors and health professionals to advice the State on measures to be adopted for preventing and dealing with the third wave.
#GoaBench
As far as preparedness for third wave, the State of Goa has found expert committee of 14 doctors and health professionals to advice the State on measures to be adopted for preventing and dealing with the third wave.
#GoaBench
Order: It seems that the expert committee has deliberated on the measures and given recommendations and that has been placed on record by the State.
#GoaBench
#GoaBench
ORder:
AG indicates that State has broadly accepted the measures, but their position on implementing the measures, the manner will be indicated in the next hearing.
#GoaBench
AG indicates that State has broadly accepted the measures, but their position on implementing the measures, the manner will be indicated in the next hearing.
#GoaBench
Order:
For procuring vaccine from sources other than Central govt, the State is in the process of issuing tenders and in the process of procuring doses from private suppliers. On the next date, the State shall indicate in concrete terms, the no of doses which will be procured.
For procuring vaccine from sources other than Central govt, the State is in the process of issuing tenders and in the process of procuring doses from private suppliers. On the next date, the State shall indicate in concrete terms, the no of doses which will be procured.
Order:
For treatment of Mucormycosis, which has been dealt with in our last order, the State has come up with an adequate response and also furnished a protocol set up by the state for detection and treatment of the illness.
#GoaBench
For treatment of Mucormycosis, which has been dealt with in our last order, the State has come up with an adequate response and also furnished a protocol set up by the state for detection and treatment of the illness.
#GoaBench
Order:
The State has also indicated its preparedness with respect to medicine and other infrastructure for treating Mucormycosis as post covid disease. The State will give out details of the medicines procured in the next hearing.
#GoaBench
The State has also indicated its preparedness with respect to medicine and other infrastructure for treating Mucormycosis as post covid disease. The State will give out details of the medicines procured in the next hearing.
#GoaBench
ORder:
As far as use of Ivermectin is concerned, for prophylactic use of medicine. As for therapeutic use, there is no objection. As of now the ICMR has permitted.
#GoaBench
As far as use of Ivermectin is concerned, for prophylactic use of medicine. As for therapeutic use, there is no objection. As of now the ICMR has permitted.
#GoaBench
Order:
SC has passed guidelines and SOP in the suo-motu petition pertaining to fire safety at dedicates COVID hospitals.
#GoaBench
SC has passed guidelines and SOP in the suo-motu petition pertaining to fire safety at dedicates COVID hospitals.
#GoaBench
Order:
The state shall no doubt scrupulously comply with the directions of the SC in this behalf and take every effort to comply with the directions
#GoaBench
The state shall no doubt scrupulously comply with the directions of the SC in this behalf and take every effort to comply with the directions
#GoaBench
Order:
There is an issue highlighted, that apart from regular fire audit, the hospitals and COVID centres also need electrical audit of the equipment used by them since malfunctioning of equipments leads to hazards like fires.
#GoaBench
There is an issue highlighted, that apart from regular fire audit, the hospitals and COVID centres also need electrical audit of the equipment used by them since malfunctioning of equipments leads to hazards like fires.
#GoaBench
Order:
In addition to compliance with SC guidelines, we direct State to carry out electrical audit of COVID care centres in accordance with the available standard protocol.
#GoaBench
In addition to compliance with SC guidelines, we direct State to carry out electrical audit of COVID care centres in accordance with the available standard protocol.
#GoaBench
Order:
That leaves one last important issue which is at the very heart of the community response, to the present COVID-19 pandemic namely containment and management of COVID in semi-urban and rural India.
#GoaBench
That leaves one last important issue which is at the very heart of the community response, to the present COVID-19 pandemic namely containment and management of COVID in semi-urban and rural India.
#GoaBench
Order:
The Ministry has laid down a detailed SOP for such containment and management. It has laid down detailed procedure for surveillance, screening, isolation and referral at village level.
#GoaBench
The Ministry has laid down a detailed SOP for such containment and management. It has laid down detailed procedure for surveillance, screening, isolation and referral at village level.
#GoaBench
Order:
It says personnel to be involved and equipment to made at village level and consummables to be stopped at Village level with each COVID care centre. The infrastructure and human resource management at the level of COVID care centres in villages laid down in details.
It says personnel to be involved and equipment to made at village level and consummables to be stopped at Village level with each COVID care centre. The infrastructure and human resource management at the level of COVID care centres in villages laid down in details.
Order:
The SOP also refers to dedicated COVID health centres at district level including its infrastructure planning, patient department, human recources, logistics and infection prevention and management and clinical mgt.
#GoaBench
The SOP also refers to dedicated COVID health centres at district level including its infrastructure planning, patient department, human recources, logistics and infection prevention and management and clinical mgt.
#GoaBench
Order:
The list also includes a checklist for each village panchayat for its preparedness and to communicate the same to the State.
#GoaBench
The list also includes a checklist for each village panchayat for its preparedness and to communicate the same to the State.
#GoaBench
Order:
AG states with averments from the affidavit that State has taken various steps in this behalf.
We are however of the view that the information in this behalf is not exhaustive and does not bring out all aspects of community response, indicated in the SOP of the Ministry
AG states with averments from the affidavit that State has taken various steps in this behalf.
We are however of the view that the information in this behalf is not exhaustive and does not bring out all aspects of community response, indicated in the SOP of the Ministry
Order:
The State shall give detailed response on next date. They will take measures taken at village and district and state level for implementing this SOP. They shall also obtain checklists from each village panchayat in the state.
#GoaBench
The State shall give detailed response on next date. They will take measures taken at village and district and state level for implementing this SOP. They shall also obtain checklists from each village panchayat in the state.
#GoaBench
ORder:
The state will also inform about the compliance of the notification of the MOHFW of May 16, 2021.
@MoHFW_INDIA
#GoaBench
The state will also inform about the compliance of the notification of the MOHFW of May 16, 2021.
@MoHFW_INDIA
#GoaBench
Order:
The State shall consider the offer made by petitioner and similar offer by proactive citizen groups towards COVID care.
#GoaBench
The State shall consider the offer made by petitioner and similar offer by proactive citizen groups towards COVID care.
#GoaBench
Adv Parag Rao states that they want a response from the State on the availability of a particular facility.
AG: What kind of request is this? Either you point out there is some facility, or you say there isn’t?
#GoaBench
AG: What kind of request is this? Either you point out there is some facility, or you say there isn’t?
#GoaBench
Court: WE agree with you Mr. AG. Just like Mr. ASG has pointed out. Things cannot be thrown at the govt.
Court indicates that there are merely addressing grievances and not guiding the State.
Court indicates that there are merely addressing grievances and not guiding the State.
Order:
The Petitioner has made a reference to a policy of the Centre on private hospital, there is no concrete objection raised against it by making appropriate application or ground. We permit the petitioner to amend appropriately.
#GoaBench
The Petitioner has made a reference to a policy of the Centre on private hospital, there is no concrete objection raised against it by making appropriate application or ground. We permit the petitioner to amend appropriately.
#GoaBench
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