[Oxygen Supply ] Delhi High Court Appoints Sr Adv Rajshekhar Rao As Amicus Curiae To Assist In The Delhi Covid Crisis Case

Delhi High Court has on Wednesday appointed Sr. Adv. Rajshekhar Rao as the amicus curiae to assist the Court in the matter concerning Covid 19 situation and supply of medical oxygen in the national capital. A division Bench of Justice Vipin Sanghi and Justice Rekha Palli decided to appoint an amicus considering the complexities of the issues involved. During the hearing today, Sr. Adv. Rahul Mehra appearing for the Delhi government placed a status report through an affidavit and informed that the government has passed two orders. He stated that the first order passed on Apr 27, has been kept fluid. The Bench inquired if it's the order where oxygen suppliers have been allocated to hospitals. Mehra answered in the affirmative. Mehra further said that he had suggested Delhi's Chief Secretary to allocate a refiller to every hospital so they know where to go to, rather than having a free market sort of situation. He further said that they have decided to let there be flexibility as far as suppliers are concerned. "Right now there are 14 refillers, some very efficient, some not so much. Our concern is that if we allocate, what if some are not able to serve properly. So we decided to let there be flexibility, they can go around serving any hospital." mehra said. The Court then inquired if after the alloca that has been done by the government, ill there be anything left for individuals undergoing treatment at home. Mehra informed the Court that 20 MT have been kept as SOS, to be used in case of emergency, if lives are at stake. However, the fact that 700 MT was required by the government but only 490 MT has been given is a problem. Reading out the order, Mehra stated that he concept involved is that for every hospital there is not just a main refiller but also a link refiller, in case the main one runs out of capacity. He further stated that through the first order, a dedicated helpline number will be open with the highest authority - Principal Secretary, Dept of Health, Delhi - to streamline any issue faced, by anyone. "Pursuant to My Lords' order, there was a meeting with the Chief Secretary. Let them implement this over the next 24-48 hours." Mehra said while also requesting the court to examine the status report. The Medical Director of Batra Hospital informed the Court that the hospital has not received the allocated oxygen. He stated that the hospital's requirement is 6000 ltrs everyday. Despite several orders by Government and HC, the allocated oxygen had not been received. "Either you give us the oxygen required, or allow us to stop admissions. The daily death rate is very high, patients are coming in with the psychological mindset that they're going to die, as there's no oxygen" Batra's Hospital's Director said. The Court however questioned him as to why, being such a big hospital, they did not set up their own oxygen plant. The problem is novel, and the issue is with both the government and the hospitals. The Court also asked another hospital with issues to raise them and flag them before the government as they have given them a window. "The bottomline is that whatever they have they will supply. They cannot hold the oxygen with themselves." the Court said. Adv Mahesh Agarwal submitted that the government notification must become part of the court order, since once it does, there is an obligation on the supplier to see it through. Adv Aseem Chaturvedi appearing for Inox, submitted that Inox had to supply 85 MT on its own and 80 MT was supposed to be picked up from Air Leakae, Panipat. However, now it has been asked to pick up oxygen from a plant in Uttarakhand, which it is not in a position to pick up. Sr. Adv. Krishnan Venugopal submitted that there is no single point of contact in Delhi, to tell people who are Covid positive what to do. He said that the 3 stages of Covid say that treatment should be systematically provided. "Are you saying that ICU beds are being given to those who don't need them? There's no basis to say that." the Bench asked. Venugopal responded by saying that both Kerala and Karnataka have managed it in this manner only, and presently there is a huge shortage of beds. He further pointed out the shortage occurring in crematorium facilities and stated that the crematoriums need to be set up in public grounds perhaps, as ambulances get held up there due to long queues there. "Fighting a problem of this magnitude is unprecedented and convoluted." the Bench remarked. Mehra responded to court's statement saying that there are numerous initiatives which are happening, with the Delhi govt also looking at oxygen concentrators and civil society members doing all they can. In response to Court's suggestions that some tasks may be taken up by the Indian Army since that has worked in Maharashtra, Mehra apprised the Court that DRDO, ITBP and Radha Soami facilities are...

[Oxygen Supply ] Delhi High Court Appoints Sr Adv Rajshekhar Rao As Amicus Curiae To Assist In The Delhi Covid Crisis Case

Shreya Agarwal

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