Thread by @barandbench

Delhi High Court will continue hearing petitions concerning issues arising out of COVID 19 in the national capital.

Hearing before Justices Vipin Sanghi and Jasmeet Singh.

#DelhiHighCourt
#COVID19

@CMODelhi @LtGovDelhi

Senior Adv Rahul Mehra mentions the petitions, urges court to take them up tomorrow as he along with Adv Satyakam would be before the Supreme Court in the suo motu COVID matter.

Let's see how it goes : Court

#COVID19

Court said last time said.. it appears Drug Controller is not well versed with their powers.. they have given clean shit. They have not enclosed any documents: Adv Virag Gupta

#DelhoHighCourt

A thorough investigation has taken place. We didn't want to given an impression that it has not taken place. We've filed in the registry.. the court master took the status report through email : Adv Nandita Rao for Drug Controller, Delhi

#DelhiHighCourt

Drug controller does not have a lock up. Doens't have arms or memo. Drug controller does not have power of arrest but the Surpreme Court vested them with power. We have 93% conviction. This is a new terrain: Rao

#DelhiHighCourt

Police would have filed closure report before the Magistrate. Now that SC has vested power with the Drug Controller.. we don't have the wherewithal of arrest. We don't have practice procedure. Petitoner will have the option to challenge before the Magistrate: Rao
#DelhiHighCourt

There were three teams. First status report is on Gautam Gambhir.. : Rao

@GautamGambhir
#DelhiHighCourt

Delhi High Court had asked the Drug Controller to look into the procurement and distribution of FabiFlu by Gautam Gambhir.

#GautamGambhir

Read more:

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Finding of inquiry team.. Gautam Gambhir through his foundation organised medical camp from 22 April to May 7 with the help of Garg Hospital.. : Rao

#DelhiHighCourt

There was no prescription. There was a letter. This aspect was looked into by inspecting team. There was a request letter of Garg Hospital to Gautam Gambhir Foundation. It was mentioned as prescription: Rao

#DelhiHighCourt

The letter is towards acceptance of free medical camp.. based on the letter of April 19, Gautam Gambhir made a purchase order from licensed dealer. It has come from dealers and not from retail purchase: Rao

#GautamGambhir

#DelhiHighCourt

Depending on the number of patients coming to the camp...: Rao

Is it open to dealer to supply medicines against such a letter : Court

It should have come from Garg Hospital. First medical camp should have checked all patients, and then order could have been placed : Rao

Rao says this procedure would have resulted in loss of lives due.

Court tells Rao that she is not appearing for Gambhir.

Here is a man who is hoarding thousands of strips of medicines. He is interrupting the flow of medicines...: Court

#GautamGambhir

Report has concluded that the dealer's had ample stock to supply to others : Rao

Please don't tell us there is no shortage. We know there was shortage. You don't have to swallow the report. You have to question your officers: Court

#GautamGambhir

#DelhiHighCourt

Please place before us the relevant rules that govern the dealer and sale. This is the inquiry we wanted to you conduct and not say that so many lives have been saved : Court

#DelhiHighCourt

The purchase falls under exception five.. schedule K of Drugs and Cosmetics Rules... : Rao as she reads the provision.

#DelhiHighCourt

How is this relevant? Have you applied your mind? The medicine was sold to the foundation. Who is the medical professional : Court

Rao says supply was on the basis of the letter.

How could such a large stock be given to a foundation which is not a medical practitioner. We dare say it is not permissible: Court

#GautamGambhir
#DelhiHighCourt

Does this Foundation have the license? : Court

No: Rao

Then how do you treat it as a closure case? : Court

They are treating it as medical camp by Dr Manish : Rao

#DelhiHighCourt

Rao says it is yet to be examined if Garg Hospital has the license.

We reject this status report.. this is trash. There is no legal basis to it : Court

#DelhiHighCourt
#GautamGambhir

Amicus Rajshekhar Rao: It says it is based on a letter citing requirement of the drug. Firstly, on what basis was this assessed. This was the peak of the period.. it was supplied over a period of time from several camps.

#DelhiHighCourt

Where is the record of day to day requirement? What have to done during the entire period. There is a serious issue how is the drug controller approaching the issue : Amicus

#DelhiHighCourt

How long did it take you to transport (the cylinders).. this is not given.. Schedule K carves out an exception from applicability of Chapter 4. : Amicus

#DelhiHighCourt

Procurement is basis the letter when medical practitioner has no visibility of who the patients are : Amicus

He has not gone to the dealer : Court

Payment has been made by the foundation: Rao

#DelhiHighCourt

Only person who could have procured directly is the doctor himself.. : Amicus reads the provisions.

#DelhiHighCourt

Each of these aspects, nobody has supplied. How do we know which batch number has gone.. that was nature kr scrutiny the court indicated. It was at that point in time when people were running helter skelter for Fabliflu: Amicus

#DelhiHighCourt

Unless Ms Rao has state that there was no shortage: Amicus

Assuming there was no shortage, was the dealer right to give the medicine.. : Court

The Act shows to the contrary..: Amicus

#DelhiHighCourt

Where is the Drug Controller. Ask him to remain present: Court

Amicus said that he had not verified if it (oxygen cylinder) was supplied from Bhatindia.. we've verified. Exercise has been done with complete integrity: Rao

#DelhiHighCourt

Bhatinda*

I don't know if a register was maintained or if it was made subsequently. What was the nature of record keeping at the camp.. if on your own admission, you didn't procure in bulk, how did they procure from 29th to 7th. They still had 244 strips left: Amicus

#DelhiHighCourt

It is inconceivable that a medical practitioner can store 3k strips : Amicus

#DelhiHighCourt

Rao says she is trying to get the Drug Controller.

We in the haste to meet the deadline.. if the court could give us 2-3 more days.. : Rao

We've already said it is a malpractice. This tendency of people tryign to take advantage and then trying to appear as saviour...this has to be denounced. And then the person says he would do it again. We know how to deal with it: Court

@GautamGambhir

Thousands of strips he is obtaining.. on the day people needed it, they were not able to buy. Time was of essence. We bought more than what is required. How is it that dealer has sold it to a foundation: Court

#DelhiHighCourt
#GautamGambhir

How did he purchase just because Garg Hospital said it. Can anybody take a letter from a hospital and say give it to me. You are wrong to say it was not in short supply. You want us to shut our eyes. You think you would get away with this : Court

#DelhiHighCourt

If you think we are so gullible, so naive, we are not.. you better do your job. We will have you suspended and let someone else do your job : Court

#DelhiHighCourt

Rao seeks more time.

Court says it wants to speak with the Drug Controller directly.

#DelhiHighCourt

If there was enough stock with dealer, how was it not available with the chemists. Correct procedure should have been medical camp, patient and then medicine: Adv Gupta

#DelhiHighCourt

Gupta says in this case first medicines were procured and the record was created.

#DelhiHighCourt

Gupta says there is discrepancy in Police and Drug Controller report as to from where were the medicines distributed by Gautam Gambhir Foundation.

#DelhiHighCourt

If medicines were procured on basis of patients...how did they have 284 strips left.. there was no presence of doctors at all. There were security guards and it was given on basis of aadhaar card of the constituency : Gupta

#DelhiHighCourt

This inquiry of beneficiaries was bogus.. dealer instead of giving the medicines to chemist gave it to him : Gupta

#DelhiHighCourt

If they had day to day requirement, how did they have stock left. This was hoarding only.. they have booked thousands of common persons for not wearing masks. But when it comes to VIPs, they call it technical violation: Gupta

#DelhiHighCourt

#GautamGambhir

They are saying "appears to" and then giving a clean chit. Gambhir has given a statement that he is ready for punishment.. how a class is taking law in own hands: Gupta

We are not here to give punishment. It is a case of violation of statue. We had deposed trust in him : Court

Drug controller has to conduct itself as police authority. Earlier we used to assist.. once finalized it has to be filed as chargesheet or closure report.: Rao

That doesn't mean you throw wool in our eyes.. we understand where you are coming from : Court

#DelhiHighCourt

We have done a fact finding inquiry.. we have done a preliminary conclusion : Rao

Where does it say preliminary: Court

We say appears to be..since the matter was sub judice: Rao

You've not even bothered to see if it was legal to supply drugs to the foundation : Court

We treated the letter.. : Rao

How could you? There has to be legal basis: Court

If a doctor is involved.. : Rao

Where is the examination that dealer could have given such quantities even to a hospital? : Court

#DelhiHighCourt

KR Chawla, Assistant Drug Controller makes submissions.

You are not a signatory to the report. It is signed by four officers..neither are here: Court

He's the senior officer: Rao

#DelhiHighCourt

We would submit a detailed report : Chawla

There is a fundamental error of approach: Court

#DelhiHighCourt

You were required to examine whether there was any breach.. you don't do any exercise in that regard. You have not bothered to examine how such a large quantity was supplied to a foundation. Which are the provisions. You don't cover anything: Court

#DelhiHighCourt

As if that is the reason to condone the act : Court on controller saying there was no shortage.

Foundation was only a sponser. Rest of the things were under the hospital, that was the filler : Chawla

You act on fillers? : Court

We will rephrase our report and come to logical conclusion: Chawla

We have no confidence (in you). We are not giving a weeks' time: Court

#DelhiHighCourt

Adv Satya Ranjan Swain makes submissions with regard to Priti Tomar and Praveen Kumar, MLAs.

#DelhiHighCourt

There is no doubt about the video I produced. This is a case of substantial improvement : Satya

#DelhiHighCourt

In new status report, there is a new story. Now he (Praveen Kumar) is talking about doctors : Satya

#DelhiHighCourt

This is deliberately brought in to come under the exception: Satya

#DelhiHighCourt

It is a case of contradiction.. he said he has done free oxygen sewa 400-500 times. There is another Facebook post in which he says he is refilling around 2k : Satya

#DelhiHighCourt

It is a case of impossibility.. it says no hospital or any industry or individual can be supplied oxygen by supplier : Satya reads Bhatinda DM order

#DelhiHighCourt

How did this individual obtain it. The status report is silent about it : Satya

We will permit you to prepare a note and pass it to Ms Rao : Court

#DelhiHighCourt

What about the other person: Court

They have interrupted the flow of supply.. : Satya reads the status report on Priti Tomar.

#DelhiHighCourt

Ex MLA who is the husband is contacting another MLA .. one person asked the refiller to fill the oxygen. Accused and drug controller have accepted that there is disruption in supply : Satya

#DelhiHighCourt

Source was influenced by the office. Person receiving was also not authorised : Satya

#DelhiHighCourt

Had it been sos call, why this delay.. why didn't hospital contact the Nodal officer? Or this court? : Satya

#DelhiHighCourt

Satya shows pictures saying Oxygen is available with Mr Jeetender Tomar.

Intention was not to just help the nursing home : Satya

#DelhiHighCourt

If new born babies were in need, has the drug controller inquired into this? This status report is an eye wash..fresh inquiry has to be done: Satya

#DelhiHighCourt

Rao says counsel for petitioner was part of the inquiry but still didn't give the Bhatinda order or any other info.

Both hospital and vendor were authorised. They just used the service of the MLA: Rao

#DelhiHighCourt

Yes we have come to a hasty conclusion but we have done a thorough inquiry. Let him join us again : Rao

#DelhiHighCourt

Let's not get into all that. We are rejecting your report. Our confidence is shaken. It is entirely upto you to restore it: Court to Drug Controller

Court says it will give three says to the Drug Controller to file another report.

#DelhiHighCourt

Adv Kush Sharma makes submissions on behalf of Tomar, says supply was necessary to save lives of newborns.

There was no hoarding. When intention is not there.. bench has already said there's no intention. Whatever flaws are there, they should be booked : Sharma
#DelhiHighCourt

That was a period when I help. Genuine people will hesitate.. all colonies have been barricades..PWD knows my office. I requested and PWD vehicle got five cylinders and it was immediately taken to the hospital : Sharma

#DelhiHighCourt

Why is was offloaded here or there, we are not going to ger impressed by that. This case appears to be different from others.. here there is a hospital with infants on ventilator and they made a call to the ex MLA : Court

#DelhiHighCourt

There is an impropriety at the highest in not calling up the nodal officer.. that was the right way to go about it: Court

#DelhiHighCourt

Someone does a good deed, let him make a capital out of it. It's that person's choice. Why should we say anything about it : Court

#DelhiHighCourt

This is not a case of breach of law in that sense. Cylinders were of the hospital.. we don't know if they contacted the nodal officer.. maybe they made other attempts. Let's not unnecessarily victimise someone who has tried to help. There is no illegality: Court

#DelhiHighCourt

Adv Aditya Lahoriya: I'm on behalf of the Garg Hospital. He received a letter from the Gautam Gambhir Foundation that they wanted to conduct a medical camp. In our communication, we have not taken any role of procurement.

We are aware : Court

#DelhiHighCourt

It was suggestion as to the medicines being available in the camp.. it was not a prescription : Lahoriya

#DelhiHighCourt

Court dictates the order.

#DelhiHighCourt

Let soft copy of documents be brought on record along with the next status report. In respect of status report on Priti Tomar, we are satisfied and accept the status report: Court

#DelhiHighCourt

However in respect to the other two, we are completely unsatisfied and it appears that the Drug Controller has not appreciated the legal aspects.. it is not examined as to how Gautam Gambhir Foundation could have procured the drug Fabiflu from the dealers/retailers : Court

.. status report does not disclose the statutory regulations on the locus of person to procure the drug and the obligation on the dealer to not supply.. : Court

#DelhiHighCourt

There are factual disagreements in status reports by Drug Controller and Police. Both counsel for the petitioners and applicant have highlighted several contradictions.. We permit the counsel to file.. a statement relating to the said contradiction: Court

#DelhiHighCourt

Mr KR Chawla, Assistant Drug controller and Ms Rao have expressed regret on the quality of status report and have assured that they would file a better status report .. : Court

#DelhiHighCourt

Let the same be done.. status report shall be circulated .. list on Wednesday: Court

#DelhiHighCourt

Satya says he would like to file documents against Priti Tomar.

We've accepted the report qua Priti Tomar. Don't resort to this kind of witch hunt: Court

#DelhiHighCourt

You need a license for every aspect. Even you stock. Whether the foundation had the license. There are no stipulation on quantities.. for dispensation, there has to be a license: Amicus

#DelhiHighCourt

Court asks Rao to look at the Amicus note.

#DelhiHighCourt

Chawla says one more day may be granted to them.

We'll give one more day : Court

#DelhiHighCourt

Bench to re-assemble at 3 pm.

#DelhiHighCourt

Bench has assembled, takes up a non COVID 19 matter.

#DelhiHighCourt

What is left now : Court

I'm admitted in Max Saket and I need vials: Adv Rizwan

We'll take it up tomorrow. Are you recieving anything: Court

I got five. We need five more : Rizwan

#DelhiHighCourt

You must come out with a policy (on distribution of black fungus drug to patient).. if in one family, there two are who need the dose, whom will you choose. This is a bullet you have to bite: Court to Delhi government

#DelhiHighCourt

If Centre is allocating..let them change their formula, we will change : Senior Adv Rahul Mehra.

You will have to say ...you will have to exclude: Court to Central Government

Patient load the states will know : Adv Kirtiman Singh

#DelhiHighCourt

If a person is 80 years and other is 35...if we have to make a cruel choice, you have to take. Will you give it to 80 year old or to whom who has two children to support: Court

#DelhiHighCourt

You have to prioritise. There is scarcity.. you'll have to make that list..: Court

For non centre hospitals, States will have to .. : Singh

You are making allocation from Central pool. It has to be on the basis of the priority : Court

#DelhiHighCourt

If you require 6 vials to beat the fungus, you can't say make do with two: Court

Neither Centre nor state government can duck it. It is a decision that political leadership will have to take in consultation with medical experts.. : Court

#DelhiHighCourt

Court says the decision can't be left to the doctor who may be lynched.

You have to take the decision Whether to are giving to 80+, 75+ or not. Today everyone bis suffering across the board. Not getting 6 vials is fatal : Court

#DelhiHighCourt

You can't distribut two doses to everyone. It's not helping anyone : Justice Singh

Politically it will be good for both of you : Justice Sanghi to Centre and State

#DelhiHighCourt

Whatever guidance Centre shows, we will follow.. our earlier policy was.. we had an expert committee in place and we were giving to whoever came first : Mehra

We'll take it tomorrow : Court

#DelhiHighCourt

We're not doing it in terms of hospitals. There is no change. It is their own change: Singh

Every life is important but we are trying to find a way forward : Court

#DelhiHighCourt

Any rule that we may lay down, will be for all States. Other States may not want that : Singh

We'll take it tomorrow : Court

#DelhiHighCourt

Hearing over.

#DelhiHighCourt