Thread by @barandbench

Karnataka High Court to hear a batch of COVID-19 related petitions shortly.

Chief Justice Abhay Shreeniwas Oka and Justice Aravind Kumar will hear the pleas.

#COVIDSecondWave
#VaccinationDrive
#KarnatakaFightsCorona
#oxygen

CJ Oka: Before we proceed, one letter received from member of the Bra on shortage of injection/medicine for black fungus. From where do you get it?

AG Prabhuling Navadgi: It comes from Delhi

Court informs accute shortage to Advocate for Centre,

MB Nargund: We are depending on imports. Some imports have come...

AG Navadgi; I would like to share a personal experience somebody whom we know is admitted to a hospital and even after my intervention the patient is not able to receive the injection. There is severe shortage.

ORDER:

He (an Adv) has pointed out that there is acute shortage of injection which required for treating Black fungus. AG assured Court that State will immediately look into this aspect.

#BlackFungus

Court: State to place on record statistics of cases (black fungus) in Bangalore, other parts of State, details of availability.
UOI to respond, about 160 cases of black fungus have been reported. Both govts shall endeavor to ensure that there is no shortage.

#BlackFungus

On vaccination, Supreme Court has dealt with all Imp aspects. Directions have been made to State govts also : Bench

AG: Yes milords.

#vaccination

AG now informs the Court on the number of being who have vaccinated and the numbers of vaccines with the State govt.

Likely allocation ( by end of June)- Covishield - over 54 Lakhs
Covaxin - over 12 lakh doses

AG: Vaccination, second dose is on now

#VaccinationDrive

Initially the pressure on Centre was to decentralise the policy : AG

Bench: Proprietary demands that we should now not deal with the vaccination part as the matter is before the SC.

Amicus Vikram Huilgol: It may be necessary for State govt to inform how many drives are actually happening.

Amicus: At a vaccine drive held recently, as per a popular news channel only a handful of street vendors were there. The report also said that people over the age group of 45 yrs were turned away.

There should be some sort of persuasion for getting vaccinated, like wearing mask

Bench: Correct, some people still have reservations.

Bench: For eg, vaccinating healthcare workers. the objective is that, he is exposing to covid patients and more importantly, these front line workers should be available for work.....

Shouldn't initial family members of front like workers should be vaccinated as well? Bench

AG: Yes, we will consider this.

#Karnatakahighcourt

Adv Ashwini Obulesh: Some politicians are endorsing private vaccinations.

Justice Kumar: Nobody is forcing you. If they want, let them pay and get vaccinated.

#vaccination

Obulesh: The BBMP Commissioner itself went and inaugurated a private lab. I find it questionable.

CJ: Some people can afford to pay, they should go to private players. People who belong in BPL category, labourers should vaccinated by govt

Obulesh: A direction should be passed that public representatives should be restrained. A Member of Parliament was seen endorsing a private hospital.

Justice Kumar: Don't politicize everything, madam!

#BBMP
#vaccination

There are newspaper reports showing that govt vaccines are being routed. I am not trying to politicize... : Obulesh

#vaccination

Amicus: I think what she is trying to say is that state quota should not be transferred to private players

Bench: Those leaders who want to sponsor private camps, those leaders should even sponsor 100 less privileged people every day.

#vaccination

If a private hospital gives vaccine at 1,200 and a smaller hospital gives it at Rs 900. What is wrong with that? Bench

Shridhar Prabhu: This is what I was saying...Whether it has to be commercialized at all is being discussed now...

#karnatakahighcourt
#vaccination

Obulesh: If MPs and MLAs are propagating, they might as well do it for people who actually require
vaccination.

Private players will definitely endorse theirs.

Bench: Can we issue a writ of mandamus to MLA, MP?

Obulesh and GR Mohan: We are not on that

#vaccination

Today the vaccine policy of the Central govt will be tested by the Supreme Court: Bench

Amicus: Some directions have been issued by the Centre itself

#vaccination

How vaccination will reach the disabled? Bench asks State

#karnatakahighcourt
#vaccination

Many of them (disabled persons) cannot even register in CoWIN website: Senior Adv Jayna Kothari

Special transport has been arranged from them to reach vaccination centres.

Communication sent through emails, whatsapp. When they come to centres, they will be given priority : AG

AG: They can come to vaccination centres and register.

#vaccination
#karnatakahighcourt

Bench: Give is details of how many persons with disabilities are vaccinated for the next few days in 4-5 districts. Give us figures.

AG: Yes, milords.

#Disability
#vaccination
#karnatakahighcourt

Kothari informs Court that all persons with disability have ID cards and this ID card gives the state all personal details of the person.

Which is the provision. Mr Vikram, can you find out?: Bench

Huilgol: Sec 49 speaks of registration

Kothari: Rules 3 and 4

#Disability

This issue govt will have to be considered. Whether disability certificate can be used to the registration of vaccination: Bench to Centre

Nargund for Centre: Definitely, milord.

#vaccination
#karnatakahighcourt

Kothari: Sec 25 (1) (c) of the RPD Act says the priority for treatment has to given to persons with disability.

#vaccination
#Disability

ORDER:

Now, we are dealing with the issue of vaccination. We may not hear that order dated May 31 by Supreme Court in suo motu writ.

Propriety requires that this Court should not deal with those matters which are subject matter of the Supreme Court. However, there are...

...other issues relating to the State of Karnataka.

First issue, is efforts to persuade BPL groups, slums to take the vaccination. Such efforts will be a step in right direction to help curb the spread of COVID-19

Direct State, BBMP, to place on record details made in this behalf....

Apart from healthcare workers, many categories have been included in front line workers. There is a list of priority.

State, BBMP to place on record special drives conducted for ensuring vaccination of front line, health care workers and those belonging to priority groups.

Other issue is, immediate family members of these categories undergo vaccination.

According to us, they must undergo vaccination.

Another issue is vaccination to the elderly and differently-abled. State, amicus has placed on record guidance note published by UOI.

Under S 25 of the RPD Act, various obligations of the appropriate govt have been laid down.

Every person is entitled to a disability certificate, many dets such as full address, name etc. Will be appropriate if disability certificate under the said rules is included as 8th item

MB Nargund assures the Court that this will be looked into : Bench

#karnatakahighcourt

Apart from the details about the special drive conducted for health care, front line, and priority, the State to place on a record number of persons with disabilities who are vaccinated. Info to be placed from these districts- Bangalore, Kalaburagi, Bidar, Chamarajanagar

We also direct BBMP to give details of special vaccination drives conducted who are working for BBMP.

2,95,000 doses of covaxin available with the State under free quota. State has directly procured 81,000.

Covishield - over 3 lakh from free quota.

AAG informs Court that there is not oxygen shortage.

Even numbers are falling: AAG Dhyan Chinappa.

#karnatakahighcourt

ORDER As regards, availability of oxygen, from 7 to para 18 details have been incorporated in written submission.
Para 17 records that buffer stock is being maintained, as stated in para 18 and 19 : Bench

Various advocates agree that as indicated, now there is no shortage of oxygen in the State. When this court deals with the state of preparedness, the issue of maintaining an adequate supply of oxygen and buffer stock for possible dealing with the third wave should be placed.

As regard cont of midday meals, a memo filed by Centre which makes it clear that the scheme will cont as a one-time special measure even during the summer vacation of schools : Bench

If from 14th April, 2021, benefit has not been extended, State will have to compensate by supplying food grains etc. Last year, facility of midday meal was denied to children.

The children were compensated by giving food grains.
The State will have to compensate students now in the same manner, from April 14.

The state will have to report compliance on the next day.

Another important aspect of food security is supply of rations to vulnerable sections that don't have ration cards. State has not taken any decision for providing them free ration. Direct State to take immediate decision on the said issue by Monday June 7.

We direct BBMP to place on record details of number of COVID-19 beds, covid-19 centres. Details shall be placed on record before the next date.

Issue of state of preparedness will have to be gone into. It is pointed out that a high-level expert committee of doctors is formed and their report is awaited.

State govt shall implement the directions of SC in true letter and spirit: Bench

Number of victims and compensation payable to victims of the Chamarajanagar incident (death by oxygen shortage) will be heard on next date.

List on June 10.