Thread by @barandbench

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 #COVID19India

@CMODelhi @LtGovDelhi

Nandita Rao for Drug Controller is arguing.

2,349 Strips of Fabi Flu was purchased by Gautam Gambhir foundation.

#DelhiCovid #COVID19India @CMODelhi @LtGovDelhi @GautamGambhir

Drug Controller had issued notice on whether the premises where these drugs were distributed had permission for drug license.

#DelhiCovid #COVID19India @CMODelhi @LtGovDelhi @GautamGambhir

Gambhir Foundation had procured 120 Oxygen Cylinders and refilled by authorized dealers and were distributed to various people under the supervision of Dr. Siddharth: Nandita Rao

#DelhiCovid #COVID19India @CMODelhi @LtGovDelhi @GautamGambhir

Garg Hospital had no role to play in the medicines procured by the Gautam Gambhir Foundation. Hospital only verified the prescriptions at the Foundation.

#COVID19India @GautamGambhir

1,139 patients received the medicines which were given free of cost by Gautam Gambhir Foundation.

#COVID19India @GautamGambhir

Drug Controller before Delhi High Court

Gautam Gambhir Foundation was found to in unauthorized stocking of Fabi Flu under the Drugs and Cosmetics Act

@gautamgambhir Foundation has committed an offense under Rule 61 and 18 C under the Drugs and Cosmetics Act.

#COVID19India

Gautam Gambhir Foundation committed offense under Sections 27B and 27 D of the Drugs and Cosmetics Act: Counsel for Drugs Controller.

#COVID19India @GautamGambhir

Amicus Rajshekhar Rao: There is also an investigation required under which how Oxygen was procured? WHen was the Oxygen was filled. Last mile investigation needs to be done.

#COVID19India @GautamGambhir #gautamgambhir

Delhi High Court: The Drug Controller may investigate not just in this case, but in all cases where there are violation under Drugs and Cosmetics Act.

#COVID19India @GautamGambhir #gautamgambhir

Delhi High Court: How did the Foundation procure such large scale from the dealer.

#COVID19India @GautamGambhir #gautamgambhir

Justice Singh to Advocate Nandita Rao - Now that you are counsel for Drug Controller, we have full faith in you.

Delhi High Court - Mr. Gautam Gambhir has procured in public spirit and has spent a lot of money in procuring it. But at what cost? you did charity no doubt. But you also caused shortage and inconvenience.

May be there was another way?

#DelhiCovid #COVID19India @GautamGambhir

Delhi High Court - If you want to do charity, you have to do that only with charity as an angle. No other angle.

We want the Drug Controller to use this and curb this.

Nandita Rao: There have been people distributing steroids. We will take action.

#DelhiCovid @GautamGambhir

Delhi High Court To Drug Controller- We want you to submit a action taken report within 6 weeks.

#DelhiCovid @GautamGambhir #DelhiHighCourt

Advocate Gaurav Pathak:

1) There are some inconsistencies with this report by Drug Controller
2) Drugs are Essential Commodities under Essential Commodities Act.

#DelhiCovid @GautamGambhir #DelhiHighCourt

Amicus Rajshekhar Rao:

A policy decision is required with a benchmark with the number of Oxygen Cylinders for personal use. Let there be a benchmark and everyone above that be treated equal
1 or 2 viles extra should not be prosecuted.

#DelhiCovid @GautamGambhir #DelhiHighCourt

Delhi High Court: There may be people buying in black market in desperation. We don't want to prosecute them for the desperation.

Amicus Rao: We want to go after big fish who are causing harm to the society. #DelhiCovid @GautamGambhir #DelhiHighCourt

Delhi HC: Is this Status Report only as far as Gautam Gambhir?

Nandita Rao - This is for Gautam Gambhir, Praveen Kumar MLA and others

#DelhiCovid @GautamGambhir #DelhiHighCourt

Delhi High Court: Drug Controller to take action against such people

"whose conduct resulted in blocking or chocking the supply of relevant drugs, including medical oxygen for bonafide use".

#DelhiCovid @GautamGambhir #DelhiHighCourt

Rahul Mehra appears.

92 Critical Pediatric cases related to Covid were reported in the Second Wave.

#DelhiCovid #DelhiHighCourt

Delhi reported 623 new cases and the positivity rate is 0.88 percent: Rahul Mehra

#DelhiCovid #DelhiHighCourt @TheRahulMehra

Delhi High Court: Covid is presenting all sorts of problems. Covid cannot be treated in isolation and has to be treated comprehensively.

Mehra: A high powered committee of medical experts will reflect how we are augmenting all aspects. #DelhiCovid #DelhiHighCourt @TheRahulMehra

There is a letter of 2018, in that letter, a honest approach was taken. A senior officer, had written on how certain infrastructure may be best utilized be transferring to Central Government. 600 to 1,000 crore can be saved: @TheRahulMehra

#DelhiCovid #DelhiHighCourt

Advocate YP SIngh: They are not fixing any liability for the deaths. Let them explain why their (Delhi Government) hospitals are not completed?

#DelhiCovid #DelhiHighCourt

Delhi High Court is hearing the aspect of contempt notice to those who were black marketing oxygen concentrators.

#DelhiHighCourt

Point is if somebody is importing for marketing, it is not the mere fact that you imported 200 oxygen concentrators does not give cause of action to register FIR. There has to be some other fact: Court

#DelhiHighCourt

In that situation, oxygen concentrators have to be released. They can't be kept as case property: Court .

Adv Samundra Sarangi is making submissions against sending seized oxygen concentrators to COVID centres.

#DelhiHighCourt

Before disposing of any property.. it is a debateable question if oxygen concentrators are essential commodities.. I have purchased on invoice and now they have been disposed of. Notice has to be given to me : Adv Sunil Choudhary

#DelhiHighCourt

Tomorrow if the case is recalled against me, what happens to the property that is bought by me? : Choudhary

#DelhiHighCourt

There are genuine cases where person has bought on invoice, paid GST.. now property has been disposed of : Choudhary

Another Adv Pradeep Dahiya raises issues.

There are many cases excesses by Police : Dahiya

#DelhiHighCourt

All of you may share whatever you wish to with the Amicus. If we file contempt is not made out, we will say so : Court

Kindly direct IO to file reply. Entire family is being harassed : Adv Ravi Ranjan for another accused

#DelhiHighCourt

Please sensitise your force. Idea is not to harass people no : Court to Delhi Police

We have more than 630 cases related to COVID. 108 are those where there is some recovery. I will take it up with the force : Rajesh Deo

#DelhiHighCourt

At this time we can't presume that action was taken without any basis : Court

#DelhiHighCourt

Adv Rishi Manchanda says some clarifications should be given so people dealing on free basis.

Not at this stage: Court

#DelhiHighCourt

If they could follow some procedure so that oxygen concentrators are not disposed of within hours : Sarangi

You should internally have some guidelines.. what constitutes hoarding and black marketing: Court to Delhi Police

#DelhiHighCourt

Seo says Sarangi has filed two petitions in this court with respect to his oxygen concentrators.

#DelhiHighCourt

I was suggesting that for future cause of action..I was not agitating on merits : Sarangi

#DelhiHighCourt

Another advocates makes submissions on behalf of contemnors.

We're giving time to everyone today to file a reply : Court

#DelhiHighCourt

Court dictates order.

In response to notices issued against alleged contemnors, the contemnors are present.. all of them have been informed that the basis for initiation of suo motu contempt proceedings: Court

#DelhiHighCourt

All of them are granted fours weeks time to file their replies. List the matter before JR for receiving all replies. Translated copies of FIR in question have been filed. : Court

#DelhiHighCourt

Ld Amicus and his team of volunteers may examine the same and pick out cases where according to their understanding no offence is made out since it is represented before us that they have been unfairly booked: Court

#DelhiHighCourt

We have not examined any FIR and are in no position to pass any judgement: Court

Court asks Amicus to file a report.

Mr Satyakam says in case it is found that no case is found, State shall move cancellation application: Court

#DelhiHighCourt

These are contempt proceedings, they can't have any bearing on criminality: Mehra

These contempt proceedings before us should not affect the criminal proceedings on account on alleged hoarding or black marketing : Court

#DelhiHighCourt

These proceedings should not effect criminal proceedings in these cases. We make it clear that initiation of these proceedings should not be used for adjournment of any proceedings before any court : Court

#DelhiHighCourt

An Advocate says that Amicus should lay down how the business has to be conducted nkwy.

He's not a legal advisor to you. You are there. What are you charging your client for : Court

#DelhiHighCourt

Another advocate says there shouldn't be any unnecessary arrests now.

There are enough judgements Lalita Kumari, Arnesh Kumar...all will be looked into : Mehra

We have not asked Delhi police to around arresting everyone: Court

#DelhiHighCourt

Court takes up the issues raised by Bachpan Bachao Andolan. .

Adv Prabhsahay Kaur says things moved after the hearing yesterday.

#DelhiHighCourt

Till 3 in the morning everyone was working: Mehra

It shows in the status report : Kaur

#DelhiHighCourt

Kaur takes the court through the statutory scheme of Juvenile Justice Act.

#DelhiHighCourt

We have been saying that alternate modes of child rehabilitation should be looked into : Kaur

#DelhiHighCourt

Kaur says there is discrepancy in data on orphaned children from various agencies.

#DelhiHighCourt

Alternate care is non institutionalised. Foster care.. this is the need of the hour. There are so many families that are opening their houses for children who have lost parents: Kaur

#DelhiHighCourt

This is not even being considered despite being part of the statute : Kaur

#DelhiHighCourt

On paper foster care is promoted but it not being used at all : Kaur

#DelhiHighCourt

Who has to prepare all these guidelines? : Court

Dept of WCD.. govt has to show some alacrity and do it: Kaur

#DelhiHighCourt

Lot needs to be done.. the endeavour while filing has been to be as candid.. we want to place everything the way it is. Our data shows that fit, person, foster care need attention: Mehra

#DelhiHighCourt

Point is well taken.. many issues still need to be addressed. All I'm saying is all these points have been highlighted. Guidelines are to come on June 10. Process was already underway: Mehra

#DelhiHighCourt

Over the next four weeks, we will try through actions and then on affidavit we will place on record. We will try and accelerate all : Mehra

Act has been there from 2015. Either your officers say they were not aware. But if they were aware.. how can there be no policy: Court

We've appreciate what you as a counsel are doing but we are not appreciative of what your department is doing. This is shocking. 2015 Act and today you are saying we will make guidelines: Court

#DelhiHighCourt

There seems to be complete bankruptcy: Court

#DelhiHighCourt

Mehra says things have been flagged and dept will try and place the progress in four weeks.

Dept needs COVID like situation or prodding from us ? : Court

#DelhiHighCourt

We want you to dispel this notion: Court

We will utilise these four weeks: Mehra

We will take your assurance and pass a direction. In case we find in July that things have not moved.. we are going to.. : Court

If it's paper exercise, I will expose my dept: Mehra

A lot of officers are transferred in speedy manner. By the time you understand your dept, you are transferred. Officers are trying their best : Mehra

#DelhiHighCourt

We work with one officer and by the time we make progress, there's another officer: Mehra

You need people with that drive. Dept should have officers who feel for the cause... nothing will move : Court

#DelhiHighCourt

Idea is that Ms Kaur should come and say that she is happy with the work : Mehra

Kaur says dept has done a good job but it has not arisen to the pandemic.

#DelhiHighCourt

Data finding is in progress. There are going to be 100s, 1000s who are going to be benefitting from the policy: Mehra

#DelhiHighCourt

Time is an issue with us. It is an issue with the population. It is not a luxury anymore: Court

We want to immediately take steps and come back to the court : Mehra

#DelhiHighCourt

We want Ms Kaur to point out specific issues and smoothen problems: Court

Mehra says orders are to be passed on Fit person with fit facility and Foster care.

#DelhiHighCourt

Court breaks for lunch.

Hearing to resume at 3:15 pm.

#DelhiHighCourt

Hearing resumes.

There are timelines are in the status report but there are lose ends : Kaur begins.

#DelhiHighCourt

Kaur takes the court through Delhi Govt status report.

There are 100s of children on the streets.. that don't even have access to masks.. they are exposed in 100s of ways: Kaur

#DelhiHighCourt

There are open shelters. We said at these shelters, there should be facilites for children. They said they will hold a meeting. They don't say till when they would come up with a plan : Kaur

#DelhiHighCourt

Kaur says publicity should also be given to any such plans.

#DelhiHighCourt

Open shelter homes are for 24 hours and children come and take shelter, take bath and have food.. there are other data on what kind of night shelters etc.. : Mehra

She's saying COVID relates provisions should be there : Court

#DelhiHighCourt

Mehra reads the status report.

#DelhiHighCourt

Issue that we were discussing were that how many such children are there.. this is also a floating number. A lot of effort is put to ensure that children are taken to institutions. Begging is not permissible: Mehra

#DelhiHighCourt

They want to stay in that zone.. they feel if they leave the area that they have been able to guard for so long, someone else will occupy: Mehra

#DelhiHighCourt

There are 100 child care institutions: Mehra

There are 9 shelters in Delhi.. occupation is far less. How is that? There are so many children on the street: Court

#DelhiHighCourt

Kaur says children don't wish to stay at long term institutions and they can't be denied masks etc because they are only visiting the facilities.

#DelhiHighCourt

After meeting, there isn't any timeline for the plan.. you can't question a child that because you don't stay here, you can't get a mask: Kaur

#DelhiHighCourt

There are no residents in open shelter homes. It means you come and go : Mehra.

We see 100s on the road without a mask. Has the govt told the children that they can come and take a mask?: Kaur

#DelhiHighCourt

We'll partner and start doing it. Meeting will happen and we will give timelines: Mehra

#DelhiHighCourt

Next is public announcement.. if audio messages can be played on garbage trucks. It will cover a large part of population: Kaur

We have written two days back. Endeavour is to fast track. If that direction could come : Mehra

#DelhiHighCourt

EDMC: It will be done if it comes in the order.

If there can be a dedicated COVID ward for children with special needs : Kaur

I'll request by Director to come online : Tushar Sanu for EDMC

#DelhiHighCourt

Kaur makes submissions on orphaned children.

Children in need are not coming forward. How will CWC rehabilitate them : Kaur

#DelhiHighCourt

Some departments haven't given proper feedback.. this data is not complete. Data that somewhat could be relied upon is from is 1436 orphan children: Mehra

You could call for info from public : Court

#DelhiHighCourt

As if now we don't even have a ballpark figure: Kaur

You need particulars.. where the child is, with whom he is : Court

#DelhiHighCourt

Mehra agrees that data should flow in now.

Kaur says sharing of data has to be on immediate basis..

#DelhiHighCourt

No further time can be wasted. Children have lost parents. These children will lose out on childhood: Kaur

#DelhiHighCourt

For foster homes also, how do you identify safe homes: Court

There has to be a campaign inviting people.. this can't be that you first make guidelines and then you will make a campaign: Kaur

This is a vicious cycle: Rao

#DelhiHighCourt

Ground reality of our homes also has to be seen.. whether there can be rehabilitation after a point : Rao

#DelhiHighCourt

Court discusses that the condition of children homes has to be examined.

#DelhiHighCourt

Things are not all that bad. Subject to correction. Things were good when we last addressed it : Mehra

#DelhiHighCourt

It is better that they is in CCI than being abused in any manner : Mehra

IBHAS Director has joined the hearing.

There are children with special needs who need COVID care. We want you to take care of them: Court

#DelhiHighCourt

Dr Nimesh G Desai : We have a ward and we are ready to expand if referrals are more.. those who require hospitalization, that we will be happy to do. Next is strengthening of CCIs and better care

#DelhiHighCourt

Delhi Govt has approved expansion of mobile mental health unit services. We are trying to expand it to children. We already have the approval: Desai

#DelhiHighCourt

We have 8 bed preventative and 8 bed transit facility for children with COVID. That is not being utilised.. as and when it needs expansion, we will do so : Desai

What was the position during surge: Court

We've not had too many children with behavioural problems: Desai

CWC and JJB are going to deal with children in institutions. Our concern is also for children at home : Kaur

Is that possible: Court

Yes. Sure. That is allowed: Desai

#DelhiHighCourt

If govt can publisize it as facility for children with special needs : Kaur

#DelhiHighCourt

You know how to go about it. You can make the advertisement and give it to govt: Court

#DelhiHighCourt

Desai says discretion of hospitalization has to be with doctors.

#DelhiHighCourt

Desai presses for an order on mobile mental health services.

We will pass that order : Court

#DelhiHighCourt

Adv Divya Prakash Pande appears for North and South MCD.

We've not received the request yet. The court may pass an order : Pande

#DelhiHighCourt

Letters were written. We will send it again: Mehra

#DelhiHighCourt

Kaur raises issue of Anganwadi workers.

They should be activated to try and get information from ground level: Kaur

#DelhiHighCourt

Mehra says issue of education of children affected the death of parent by COVID19 is being looked into.

Let's wait for this aspect since they are making a policy: Court

#DelhiHighCourt

Court records the submissions made before it.

#DelhiHighCourt

We are dismayed that even though the JJ Act enacted was in 2015 and GNCTD has a department with the mandate to enforce, little progress has been made ok aspects highlighted..: Court

it appears that it was only after this court turned its focus, there has been some activity undertaken as if the department has now opened up to the reality: Court

#DelhiHighCourt

Court takes on record Mehra's assurance that steps would culminate would action on the the ground as per the timeline.

#DelhiHighCourt

We bind GNCTD to the status report and each and every timeline is met. We fix tbe responsibility of compliance of JJ Act upon the Secretaries of Depts of Child Welfare and Social welfare: Court

At this stage we are not getting into aspect of failure of GNCTD to implement the statutory schemes.. we wish to look forward and give another opportunity to GNCTD to cover the ground and make amends: Court

If there is no implementation, we shall proceed to deal with failure of GNCTD to implement the Act and consequences shall follow for those responsible: Court

We hope that this warning will be taken : Court

#DelhiHighCourt

Ms Kaur has exhibited exemplary zeal to work in this field. We direct the Secretaries to take her guidance wherever necessary: Court

Kaur also offers her services.

#DelhiHighCourt

Court records futher submissions on street children.

#DelhiHighCourt

Court takes on record that a meeting is to be held on June 5 on a proposed campaign to provide facilities to children.

Status report does not indicate deadline. Mr Mehra assures that the whatever is approved, deadlines would be fixed and met.: Court

Court seeks status report on this regard.

Court records submissions on public announcement on helpline numbers through garbage collection vans.

#DelhiHighCourt

All counsel have assured that the campaign shall be undertaken without any delay : Court

#DelhiHighCourt

Mehra asks Delhi govt officer to play the public announcement for the court.

#DelhiHighCourt

Court records submissions on treatment for COVID positive children with special needs.

#DelhiHighCourt

Court records statement made by Dr Desai.

#DelhiHighCourt

He submits that IBHAS is in the process of expansion of mobile mental health unit for which necessary approvals have been granted by the Delhi Govt.. he has explained that each such unit would have amongst others patient transport ambulance, medical officer, a nurse... : Court

In our view, this facility would greatly aid in providing children with mental care needs at their doorsteps. We hope ans expect that the same is made operational in 15 days : Court

Court seeks status report.

#DelhiHighCourt

Another important aspect is that there is lack of information on children who have been orphaned. She submits that DCPCR has reported that there are 1436 children who have lost one or both parents: Court

As opposed to that Child Welfare Committees have information only with regard to 15 children who have been orphaned : Court

This was in a particular time frame : Dr Rashmi Singh who says that at times relatives do not want the info to go on the websites.

It can't be forced when there are grandparents...or relatives. It is only when the family abdicates .. : Mehra

It's just that the CWC should be cognizant that child is taken care of : Kaur

#DelhiHighCourt

We need to hand hold and tell them. Welfare of child is paramount. If they still don't want to share, we can record that let it be: Mehra

#DelhiHighCourt

You need to tell them the benefit of the registration : Court

#DelhiHighCourt

Without publication, real beneficiaries will not come forward: Mehra

There is also a provision for identity of the children : Kaur

#DelhiHighCourt

Court records the submission made by Dr Singh.

#DelhiHighCourt

In our view, just like registration of deaths and births is necessary, it is necessary for State to gather this information that is to be kept confidential : Court

#DelhiHighCourt

Relatives may need some counselling and their fears may be allayed.. He submits that GNCTD is in the process of formulating policies.. data is necessary from that point of view as well: Court

#DelhiHighCourt

Adv Nidhi Mohan Parashar says there is a communication by Center to State govts on collection of data pertaining to children.

#DelhiHighCourt

We direct the department concerned to call the RWAs, schools Police station and hospitals to provide info on demise of patients having minor children: Court

#DelhiHighCourt

Court notes the submission made by Parashar.

The Ministry has sought that an column be added to hospital admission form asking details of trusted relatives in case of demise.

#DelhiHighCourt

Loss of one or both parents not only damages the child but also puts him in vulnerable position that could be manipulated to their disadvantage: Court

#DelhiHighCourt

Court asks Parashar to place the communication on record.

We direct Health dept to issue necessary directions in this regard.. and give data to Women and child dept which shall forward the info to CWC.: Court

#DelhiHighCourt

We direct GNCTD to utilise its large anganwadi workforce to collate and provide info to CWC : Court

You read the FIR. Take whatever is said on face value and see if case of hoarding is made out : Court to Rao

The Court may not say anything in the order. It is unusual: Rao

Mehra says there would be some material during the investigation and Satyakam can take it to Mr Rao.

These people are to file reply. Amicus will tally the reply and FIR : Satyakam

See we have picked three cases as test cases.. you do this exercise : Court.

#DelhiHighCourt

Senior Adv Krishnan Venugopal says vials of AmphotericinB has been traced at several places in the world.

#DelhiHighCourt

There are 4-5 sources that have come through.. it seems that there is a lot in distribution channels that can be sourced.. : Venugopal

#DelhiHighCourt

If he shares the details, I will send it forward: Adv Kirtiman Singh for centre

#DelhiHighCourt

Venugopal makes submissions on the availability of quantities.

We need help from GOI to tide over : Venugopal.

Court asks Venugopal to make a note on his sources.

#DelhiHighCourt

Venugopal says 10 vials for rs 1.26 lakh are available at UAE.

If info is put in public, people would be willing to pay for it : Court

Some lives need to be saved.. : Venugopal

On social media people have been asking for beds etc, if we have details.. we can put it on 2-3 handles, it will spread like wildfire. Within a couple of days, they would be picked up: Mehra

#DelhiHighCourt

We need to first do your due diligence and then go out and put it : Mehra

#DelhiHighCourt

What emerges is that in case you want our order, we can direct through official channels only : Court

#DelhiHighCourt

100-300 vials we should leave for individuals: Mehra

We are at Mr Venugopal's disposal : Singh

Mehra says leads on larger quantities could be sent to GOI on email.

Mr Venugopal could send a note to Mr Singh on larger quantities. I'm sure govt has responsible officers who can speak to Gilliard: Court

Court records submissions made by Venugopal.

He has been able to identify sources of Liposmal AmphotericinB.. there are however issues with regard to import on account of export restrictions by Gilliard. Let Me Venugopal prepare a note after due verification to Singh: Court

Singh would in turn forward the same to ministries.

In case imports are to be made, GOI and High Commissions.. shall render assistance in that regard where drugs are available in substantial quantity: Court

Hearing over.