"Situation Is Indeed Grave; Initiate Action Against Hoarders": P&H High Court Revives Plea Concerning Covid Facilities In Punjab, Haryana & UT Chandigarh

Reviving the disposed of petition concerning COVID-related facilities in States of Punjab, Haryana and UT of Chandigarh, the Punjab & Haryana High Court on Friday (April 30) observed that the situation was "indeed grave".

The Bench of Justice Rajan Gupta and Justice Karamjit Singh was hearing amicus curiae Senior Advocate Rupinder Singh Khosla's application filed before High Court seeking revival of the said petition highlighting the critical situation of covid patients and shortage of oxygen supply faced by Hospitals.

Read more about the application filed by Senior Advocate Rupinder Singh Khosla here - "Critical Patients Running From Pillar To Post In Search Of Beds": Amicus Moves Punjab And Haryana HC Seeking Revival Of Plea Concerning Covid Facilities

Submissions made in the application

In his application, it was, inter alia, contended by Mr. Khosla that a grave situation had arisen in all the three states in view of the non-availability of essential drugs such as Remdesivir and Tocilizumab. Oxygen, ICU Beds, ventilators, and oxygen concentrators are in short supply due to which a number of deaths are being reported.

According to him, an impression was percolated in the general public that no help is forthcoming from any quarter. He, thus, vehemently contended that the petition be revived.

Therefore, accepting his prayer, the plea, which was earlier disposed of, was revived.

He also submitted that it had come to his knowledge that PGI and Government Hospital, Sector-16, Chandigarh have exhausted their capacity of treating critical patients. According to him, it was clear from the status reports filed by the State of Punjab and UT, Chandigarh that infrastructure to fight the pandemic situation was grossly inadequate.

On perusal of the status reports, the Court felt that the situation was indeed grave, and thus, prayer made in this application for the impleadment of Union of India as a party was found to be justified by the Court.

Therefore, allowing the application, the Court directed that the Union of India through its Secretary, Ministry of Health and Family Welfare (along with Secretary, Ministry of Home Affairs, Government of India, New Delhi) be impleaded as a respondent party in the Petition. 

Submissions made by Haryana, Punjab & UT Chandigarh

The Chief Secretary, Haryana apprised the court that there had been a sudden dearth of oxygen as some plants in Roorkee, Rewari, and Baadi (Barotiwala) have collapsed and as a result, oxygen had been sought from the plants from Rourkela and Angul in Odisha by means of road, rail, and other means.

He also submitted that the Indian Air Force had flown a few sorties to fetch the oxygen from these far-flung places and that all efforts were being made to meet the demand of deficit oxygen in the State of Haryana. 

The State of Punjab submitted that the capacity of beds had been enhanced in the State and that all efforts were being made to supply oxygen and essential drugs in those parts of the State where the covid surge was more than the other parts. 

Senior Standing Counsel for UT, Chandigarh submitted that a policy decision had been taken to supply the essential drugs such as Remdesivir and Tocilizumab directly to the Government and private hospitals and not through the private distributors/ chemists.

It was has submitted that a Virtual Central Control Room had been set up by the Government of India and if the three States have any difficulty in any of the aforesaid issues, they can get in touch with the control room and the matter would be looked into forthwith.

Court's observations

As regards the issue of hoarding of oxygen cylinders, oxygen concentrators, and essential medicines such as Remdesivir and Tocilizumab, the Court said,

"Needless to observe that the respective investigating agencies of all the three States in their own jurisdiction, even central agencies, are at liberty to take cognizance and initiate action."

The Court also proposed that the categories of patients may be segregated into three parts, such as critical, mild to moderate and mild and the plan be drawn up accordingly.

To this, the counsel representing all the three States assure the court that the proposal shall be examined and a response shall be given in the next status report to be filed on their behalf.

Lastly, the Court remarked,d

"We expect that all the three States shall file another status reports on or before the next date of hearing. It shall also be ensured that the order dated 23.4.2021 whereby it was directed that nodal agencies be created in every District, is complied with in letter and spirit. In case of failure to do so, this court will examine whether there is any willful disobedience of the orders passed by this court by any District in the States of Punjab and Haryana."

The matter has been posted for further hearing on May 4.

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