ESI hospitals as COVID units, PM CARES for DRDO PSA plants, vaccine shortage and more: Highlights of Madras High Court suo motu hearings

With the Madras High Court registering a suo motu case to monitor COVID-19 management in Tamil Nadu and Puducherry, a host of issues have been brought to the fore for discussion. .A Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy has been hearing these matters, which will be taken up next on Monday. .With the Centre allocating a 510 MT oxygen supply for Tamil at present, the Court observed that there are no urgent issues requiring immediate directions. .All the same, the Court has emphasised that the vaccination drive must be accelerated to contain the pandemic. Further, the Bench has also sought the government's response in certain issues.."At the moment there does not appear to be much hue and cry over the non-availability of drugs especially since the craze for Remdesivir has gone down with the public being aware it may not be life-saving drug but of limited efficacy ... By and large, things appear to be under control and nothing untoward has thankfully been reported on account of lack of oxygen or the like.However, to ensure that there is prevention of a large number of cases in future, immediate steps need to be taken to accelerate vaccination, including creaing awareness ... particularly in non-urban areas, of the need to take vaccine to protect themselves ", the Court's order passed on Thursday stated..Following are some of the highlights of the hearings that have taken place on May 12 (Wednesday) and May 13 (Thursday). .1. Centre's response sought on conversion of ESI Hospitals to COVID-19 units.Adding to the list of COVID-19 related suggestions, Advocate K Alagumani on Thursday submitted that the ESI hospitals should be converted into COVID-19 facilities. Opining that this seems to be a good idea, the Court has now sought the Centre's response on the same by Monday. .2. Grievances of workmen who have to work amid COVID-19 lockdown.Thursday's hearing also saw writ petitions being argued on behalf of certain workmen, who were aggrieved by the exemption of certain industries from the COVID-19 lockdown in Tamil Nadu. Appearing for the petitioners, Senior Advocate V Prakash argued that these workmen are not sufficiently protected. Most are not vaccinated and if they are afflicted by COVID-19, they are abandoned, he argued. .He further pointed out that the government has not conducted inspections to ensure compliance with COVID-19 safety norms. The Court has admitted the matter and called for the State's response. Notice is also to be served on the employers concerned. .3. Ambulances should not be used as makeshift beds, use stretchers if needed.Advocate Naveen Kumar Murti on Thursday highlighted reports that 9 patients have died recently while waiting in ambulances outside hospitals owing to lack of beds. There were reports of queues of ambulances being used in this manner, the Court was told..The Chief Justice called on the State to ensure that this does not happen. He pointed out that if ambulances are blocked for their use in this manner, it would also affect others in need of such ambulances. Advocate General R Shanmugasundaram has assured the Court that steps are being taken to tackle the issue and so that ambulances are not held up. .The Court has also suggested that additional stretchers may be procured by government hospitals to house patients in corridors and other places..4. Loss of oxygen supply from Palakkad to be made good by supply from Orissa for now.The Court had taken note of reports that there was opposition from local residents to the supply of 40 MT oxygen from Kanjikode, Palakkad to the Southern and Western districts of Tamil Nadu. On Wednesday, the Chief Justice had noted that the resistance was quelled for the moment by the Chief Minister of Kerala. However, the arrangement for oxygen from Kanjikode was due to expire on Thursday. .Additional Solicitor General R Sankaranarayanan submitted that a train with oxygen supply from Orissa is en route to Tamil Nadu to make good the loss of oxygen supply from Palakkad. The Court has recorded this aspect as well in its order. .This concern apart, the Court noted that "Overall, there does not appear to be a great dearth of oxygen in State at the moment.".However, by way of an affidavit, the State has informed the Court that its oxygen requirements may rise in the future to around 850 MT per day, if COVID-19 cases keep rising. On Thursday, the State of Tamil Nadu recorded over 30,000 active COVID-19 cases. The rate of increase, however, has come down, the Court noted. .5. State can write to PM CARES so DRDO can set up Pressure Swing Adsorption (PSA)/ Oxygen plants.ASG Sankaranarayanan made this submission on Wednesday, where he informed the Court that the Defence Research and Development Organisation (DRDO) can set up Pressure Swing Adsorption (PSA) for oxygen production if PM CARES funds are released. .The ASG further informed that the State can request for the release of PM CARES funds for this purpose. .The Chief Justice orally suggested that this measure can be taken up by the State. ."Mr Advocate General, immediately write to PMCARES for release of funds for DRDO to set up the PSA plants.. at least four or five places if you can do that, it would be much better", he said on Wednesday. .6. Vaccine shortage.The Court has taken on record that the State of Tamil Nadu has decided to procure additional vaccines through a global tender. The Court has emphasised that this should not result in the Centre diverting vaccines already alloted for the State. .On a related noted, the Court on Wednesday observed that special facilities ought to be extended for the differently abled when it comes to vaccination. However, on Thursday, it decided to take up the matter on a later date, when there are more vaccines available. ."... because of shortage, we are not concentrating on this... there is no point since there are not enough vaccines", Chief Justice Banerjee told Advocate Prabakar on Thursday. .As far as Puducherry is concerned, however, Court remarked that there appeared to be no shortage in vaccines. "There appears to be sufficient supply of vaccines left, even after the second dose is to be administered to those who have got the first", the Court's order stated. .7. Revamp unused medical facilities.The Court was informed that the DD Medical College in Tiruvallur District, which was closed a few years back, can still be put to use after necessary renovation. The Court has urged the government to make every endeavour to use such facilities as makeshift medical facilities after necessary refurbishment if it is possible. .8. Remdesivir sale counter at Kilpauk to be shifted to Nehru Stadium.Senior Advocate MS Krishnan and Advocate Madhan Babu have raised various concerns over the sale of Remdesvir at the Kilpauk sale counter in Tamil Nadu. .Earlier, the Court had asked the State whether it would be possible for the supply of Remdesivir to be made directly to hospitals, upon necessary verification of patient data, in view of concerns that not all COVID patients may be able to procure the drug through crowded sale counters. .On Thursday, the Advocate General informed that the Kilpauk counter may be shifted to the Nehru stadium, where additional sale counters would be opened. .On a related note, the Chief Justice also orally queried if the availability of such resources can also be intimated through real-time updates on a government website.."We are told that there is a real-time kind of updating as to beds and things like that.. other people involved in IT can take up to ensure that information is available", he said. .9. Overpricing by crematoriums, Private hospitals.The Court took on record that hefty amounts are being demanded by some places for the release of dead bodies and by crematoriums for cremating the COVID dead. Further, it was noted that the common person also feels the burden of additional costs at private hospitals when no place is available at government hospitals.."In addition to the rather satisfactory work by State, these areas should be monitored so that the common man is not burdened any further", the Court said..10. Issue advisories for sanitization of public spaces.Advocate Krishnamurthy raised concern that there is not enough public sanitization and disinfection taking place by corporation authorities. The Court has said that since such disinfection is also a preventive measure, the State should ensure to sanitize and spray disinfectant to the extent possible.".An advisory in such regard may be issued to local bodies so that villages and small towns may yet be saved from the large-scale atacks seen in urban areas, the Court added. .11. Consider carrying out testing, vaccination away from hospitals.This suggestion was first mooted on Wednesday and reiterated on Thursday. The Chief Justice orally observed that carrying out COVID-19 vaccinations and testing in areas separate from hospitals would minimise the risk of further COVID-19 spread and allay apprehensions on this count in the minds of laymen. ."Whether it is logistically possible to remove testing, vaccination from hospital premises...already the infection and the virus is there.. (can it be shifted) to where there is less chance.. subject to logistical considerations?", the Chief Justice asked the State to consider. .12. On Beds, Remdesivir distribution in Puducherry.While Puducherry appeared to have sufficient oxygen supply and vaccines, the Court took note that the number of beds available appeared inadequate to meet the rise of COVID-19 cases. .As Thursday's hearing drew to a close, Advocate R Sreedhar submitted that patients in Puducherry are unaware how to obtain Remdesivir. There are no sale counters in the Union Territory, the Court was informed. .The Chief Justice asked Government Pleader N Mala to advice the government so that hospitals do not confine to issuing prescriptions for Remdesivir to patients in need. ."Hospitals should supply the drug. We are not recording it. Please ensure, hospitals can't just give prescriptions for Remdesivir. It is not a commercial product available in the market", the Chief Justice said..[Read the order passed on Thursday]