[COVID 19] Delhi High Court issues notice in plea to declare oxygen concentrator, medical equipment as essential commodity [LIVE UPDATES]

The Delhi High Court is hearing the case concerning issues arising out of the COVID-19 crisis in the national capital. The matter is being heard by a Bench of Justices Vipin Sanghi and Rekha Palli..Live updates from the hearing today feature here. .Any augmentation anywhere is going to cost...why don't you.. is this (Indira Gandhi Super Speciality) not your hospital: Court .We will file a status report. This is all in response: Senior Advocate Rahul Mehra for Delhi government..Court asks about augmenting the number of doctors..Some instructions we have, some are awaited : Mehra.Court says what is the point of having more wards if there are no doctors. .You have to augment at this stage : Court .There is no pleading to this effect: Mehra.You have yourself pointed out.. there is a dearth of doctors. Let's not run away from that. There's some inertia.. when there is election time, we see full page ads. Where is it? : Court.I didn't find a single insert : Court .Dainik Bhaskar: Advocate Satyakam .Why not a leading newspaper: Court .It is in process: Mehra.The advertisement is to call upon volunteer doctors. We've been granting you time for the last two weeks. Where is the advertisement? You should have published in leading dailies: Court.Our endeavour is to implement orders .. 800 walk in interviews were done : Mehra.Court records Mehra's statement that 250 beds in Indira Gandhi Hospital have been operationalised. .Court seeks report on details of beds and hospital from Delhi government..Court also seeks report on how the remaining beds would be operationalised. .On Friday we put out the notification : Advocate Zoheb Hussain .Vide the Notification, hospitals treating COVID 19 patients have been allowed to accept cash over Rs 2 lakh for payment on obtaining PAN and Aadhaar of the patient and the payee and the relationship between the two..Court takes the notification on record. Notification is issued by the Ministry of Finance, government of India. The exemption is for the period 1.04.2021 to 31.05.2021..Court begins hearing plea alleging hoarding of oxygen cylinders by AAP MLA Imran Hussain. .Senior Advocate Vikas Pahwa appears for Imran Hussain..Where is she procuring it from? You've not said anything: Court .We have rented 10 cylinders and we have taken oxygen from Faridabad: Pahwa .Pahwa says he has receipt for all and the operation was for 6-7 days..Make a full disclosure. If you are doing a good voluntary service, please do it.. if you are taking it from Delhi allocated oxygen, you are using doing it for your own publicity: Court.Such petitions are affecting.. : Pahwa .We are not asking you to stop it.. Delhi government is saying it doesn't have (oxygen).. if you are taking from them (refillers), you are curtailing supplies..which is not permissible: Court.An impression is being created that I'm doing something wrong : Pahwa .I will pat you on the back if you show you are getting it from outside.. we are carrying no such impression. But you hold documents, we do form a prima facie opinion: Court.If you are ready to show it to us, it is the end of the matter : Court.Only way impression can be created is by conduct: Court .I will file it in two days : Pahwa.Advocate Amit Tiwari for the applicant, Vedansh Sharma : There are videos that PWD trucks are unloading before the office of another AAP MLA.Let the oxygen be given to hospitals and those who need it. Oxygen is meant to save lives and not garner votes : Tiwari .Then please file it against all.. don't make it political. Gurudwara is doing it.. Bar Council, SCBA is : Pahwa.Court asks Delhi government to give report if oxygen was given. .We've to see if it is politically motivated.. : Mehra .Court says it doesn't matter if it is politically motivated..Mehra says his prima facie submission is that oxygen was not procured from Delhi. .Mehra says the plea should be taken up with the other plea concerning hoarding by other political leaders..Virag Gupta refers to the Khan Chacha incident (96 oxygen concentrators were reportedly recovered from the Khan Chacha restaurant recently, with the police claiming that these were being sold in the black market). .The Oxygen concentrators were imported but they were seized.. : Gupta .As far as licensed medicine are concerned and if they are hoarded, there is violation of law. There is no such restrictions on oxygen cylinders: Court.If they are getting from outside, there should be no issue. There is no problem: Court.They are using government contact.. and distributing from offices: Gupta .Oxygen and Remdesivir stand on different footing. Let's not mix : Court.If they are distrubing oxygen for free (after procuring from other states), it's good. They are offering a service.. : Court .Gupta says Delhi police has registered cases for hoarding. .This is not hoarding: Court.If Mr Gupta's submission is correct, the whole system will collapse. Now RWA has cylinders for use : Pahwa.If people are coming forward and helping the society, why should not they be allowed : Pahwa .Politicians should not be allowed because they use government contact: Gupta.We don't agree.. : Court.For 20kg (oxygen for a lawyer's mother), we had to fight and make a dozen calls. To say only some people should, we would be failing.. : Pahwa .He should continue to .. the only thing is that he shouldn't do it from selected quota : Court.Court asks Hussain to submit with the Amicus documents to support his claim that he has taken 10 cylinders on rent from Delhi and oxygen was procured from Faridabad..Let the Amicus verify the documents: Court.This aspect would be taken up on May 13..We direct GNCTD to file an affidavit on whether or not oxygen supply was made from Delhi re-fillers to Mr Imran Hussain: Court.Goyal Gases counsel Rohit Ranjan: Since central has allocated oxygen, the hospitals are taking Oxygen from other suppliers. My tankers are standing there for two hours and my drivers are refusing to wait. .Some mechanism should be given to see that this problem doesn't arise : Ranjan We'll take instructions: Mehra This means today there is enough oxygen and the tankers are waiting: Court.Give me some other client : Ranjan Take instructions. We had directed formation of WhatsApp group: Court.That's a happy situation to deal with.. as compared to last week's: Rao Rao says there is an issue with Reliance tankers as it is not compatible..Goyal Gases had an issue three days back. It was a one time issue.. 730 MT had come on one single day. It was sorted right there and then : Mehra.This happened yesterday with DDU also. Don't ascribe motives : Ranjan.Regarding Reliance, there was an issue with earlier tanker from UAE. These containers were old ones. Inox was asked to provide with adapter: Mehra.On 8-9th, our efficiency has been the best.. everything that is flagged, should be taken with a pinch of salt. The Amicus should make an independent inquiry into how much time was take to decant : Mehra.Ranjan says when its tanker is about to leave, DDU is saying that it doesn't need oxygen..You should raise this issue with the Amicus and have it sorted : Court to Goyal gases.We need another day to be look into.. we were coordinating with Mr Rahul Mehra. We'll take care of it : Amicus Rajshekhar Rao When Amicus has asked you to wait.. why do you.. : Court.With the help of the amicus, we can have the schedule from Goyal gases: Mehra.If we know exactly the schedule, we need not go there: Mehra.Once you give it to the hospital, you should share in the group.. : Court Probably there is a communication issue and we'll sort it out : Mehra.ED Batra Hospital says the suppliers refuse to decant oxygen in the other's tankers. Suppliers should refuse to offload in the other's tanker: Batra Hospital Unless there is a technical issue, we don't see any reason: Court Court asks Batra Hospital to raise it with Amicus..Adv Abhay Gupta raises issue of over charging by hospitals..Hospitals have asked patients to deposit 2 lakh per day. People are using social media to show the bills.. this is not the time when profit is made : Gupta.GNCTD circular is being flouted.. the hospitals are raising the issue that we would not attend patients on mediclaim: Gupta.A lawyer was outrightly refused: Gupta This a last year order. Last year.. there was a committee which came up with the slabs and we passed an order. There is no complaint so far at DC or DDMA level: Mehra.Mehra asks Gupta to raise a complaint with DDMA and he would facilitate it..Are these documents on record? : Court It's part of the amicus report: Rao.Complaint is not being filed because people are being treated.. or they got admission because of some influence. If Delhi govt can do an audit .. : Gupta.If running cost are actually that much.. we are not living in ivory towers.. paramedics are charging as much as 10k per day. To say 18k is too high.. : Court.I'm not saying they should stick to 18k cap : Gupta Govt should take a realistic view. Maybe they need to revise that order. We don't know : Court.This is an order of June 2020. You need to have a look at it : Court tells Mehra.The court may give us a couple of days : Mehra.Advocate Rakesh Malhotra: People are getting treatment at home. In insurance, there is a rider in policy that unless patient is in hospital.. that exemption can be given. We can't do it : Court.These are issues that have to be raised with insurance companies. Maybe IRDA has to step it: Court Adv Karuna Nandy says she will make a representation and come back..No. Don't crowd these proceedings..how can we in a PIL under Art 226.. These are matters which require detailed examination. Contact will have to be examined: Court.Court takes up the note filed by the amicus..Amicus comes to cylinder alloaction. There are whatsapp messages that SDM south has issued public notice that the patient has to be from the district.. we were hoping that it could be tweaked: Rao.We will look into it : Mehra There are only 20 cylinders and there is a pool.. making it restricted would have a problem. And it says COVID positive report.. : Rao.Prescription may be necessary: Rao.Aadhar being the only ID.. we can have 4-5 IDs.. we have no problem: Mehra.Everyday we are adding to the capacity of cylinders.. for the time being, if the court could allow us to have district based order.. just tweak this with identity card, for now it would suffice: Mehra.Is it just by SDM South? : Court Probably all.. : Mehra You have to look it intelligently.. : Court says the supply has to be done as per demand With some buffer : Rao.Not all districts are evenly populated : Court Mehra says he would look into it..Once portal is functional, idea is to get it done virtually.. : Rao.We have added another 90 retailers: Mehra.There has been a rethinking and if supply line is taken care of and demand is met with it, currently we might not require a portal : Mehra.We are still considering it. I'll come to the court in a day or two : Mehra.The another issue is on price cap on cylinder.. that cap can be imposed right away.. : Mehra.Court records the submissions..Let status report in this regard to placed.. : Court.Costing has to be done by NPPA? : Court Pricing is already there. States were to fix the transport: Rao.Linde increasing prices would have an effect on the pricing: Mehra.Rao explains how cost of oxygen cylinder was being fixed..If allocation is being made from Jharkhand and Linde is saying we are providing at door step, the price by NPPA is at door no: Court Rao says it is ex factory price..When filler sells, there has to be price .. then filler would have no margin at all : Rao.Is that an issue which we would be considering here : Court Rao says it is becoming a bottleneck..State has to step in and find a solution: Rao.The only idea is to ensure free movement: Rao.There is no clarity on what is the maximum price when a cylinder goes out retail...empty and filled: Rao.You have to ensure that NPPA pricing is adhered to: Court to Mehra.You have to add transportation, add some margin (for retailer): Court Mehra says authorities would sit with the stakeholders..GNCTD should look into the aspect to that the price at which cylinder is supplied to the consumer is fixed.. : Court.GNCTD should hold a meeting with all stakeholders to resolve the issue at the earliest. Status report be filed by Friday: Court.Adv Prasanna S says pricing for low income group should also be considered. Let them arrive at the cost first.. price for low income group is something that State has to see : Court.Court asks where are the seized medical equipments. Various districts, DMs are dealing with it : Mehra.Court notes the order releasing oxygen concentrators for the use it judicial officers and policemen and its subsequent setting aside..You don't seem to have issued a notification under Section 3 of Essential Commodities Act (for oxygen concentrators): Court to Mehra Adv Sanjeev Sagar says notification has to come from Centre..Sagar shows court instance of oxygen cylinder being sold for upto Rs 1 lakh..These are equipment of 15-16k.. that are being sold for 50-60 k : Sagar.Sagar refers to the orders passed in the matter concerning seizure of oxygen concentrators from Khan Market and Lodhi..There should be special designated court.. : Sagar.Adv Praveen K Sharma says that DDMA can issue the notification. We'll issue notice: Court.Because of section 3 notification not being there, they will run free: Sagar Mr Mahajan, there is a lacuna: Court Mahajan says notice has been issued by the Chief Justice Bench on a similar issue..Some are private importers because there is now exemption.. price has be looked into. We are trying if something can be done: Mahajan.Govt of India can work out a formula: Rao.If the suggestion comes, we'll place it right away : Mahajan.Adv Praveen K Sharma says there has to be a check on private importers as well to avoid black marketing..These are not very easy issues.. some amount of market forces will play up.. if these kinds of regulations come, it would discourage.. once there is competition, prices will come down unless there is a cartel : Court.There are so many importers.. to regulate at this stage.. there are too many things. People are getting them in couriers: Mahajan for Central Government..It can't be that we can fix a price per se. Because there are 50 types.. : Mahajan.We are considering the aspect.. we will try to expedite it: Mahajan.For hoarding and black marketing, you can issue a notification.. : Court.It can be said declare how machine has sold.. these are market forces.. : Mahajan.To protect gullible public, information on WhatsApp can be sent to public.. : Mahajan We have not heard from ICMR.. : Court.We wanted you to prepare small clips.. : Court.Mr Ahluwalia has filed something: Mahajan.Clips not exceeding 90 seconds will be placed before the court...of Dr Guleria: ASG Chetan Sharma.ASG Sharma says NPPA has fixed prices of medical devices notified as drugs. It's not that there is no regime in place.. but there is room for improvement. With the Amicus, we will sort it out : ASG Sharma.A balance of both.. : ASG Sharma We'll issue notice.. if something needs to done, do it : Court.We permit the amicus to circulate the note on this aspect and his suggestions: Court.A one litre machine is completely useless but it selling at 60+ price, Rao points out..Importers must be advised.. they shouldn't get junk : Rao.Even 5L is useless in majority of times : Mehra Doctors in Apollo says 10 L : Justice Palli.Mahajan says the amicus may give his inputs on this aspect..Nandy says concerned documents and list of dates be given to all counsel. The amicus is looking into it. We've not appointed everyone as amicus: Court.Court breaks for lunch. Bench to re-assemble at 3:15 pm..Hearing resumes..Regarding allocation of equipment, have we asked for a report? : Court Mr Mehra kindly come back with this information: Court.Is it possible to have it on Tuesday, Monday is the Supreme court hearing.. : Mehra.Let the State place before this court the report on seizure made and orders passed by various DMs for release of equipment. Particulars be given case wise : Court.We've put together a list of ambulance providers... we're sharing it with GNCTD and it would be populated. Everyday we are getting WhatsApp that somebody is looking for ambulance: Rao.This list has been verified by us : Rao.Rao says Petrol pumps are refusing services to such ambulances on COVID duty. You can't be denying fuel to essential services: Rao.Would it be possible to put the rate alongside: Mehra.That notification on pricing is already there : Court But are they willing to : Mehra They are bound to : Court.We can put it on the website having links : Mehra Put it in a separate head..: Court.What about people who are ready to offer services? Why are you not putting it on the website: Court.I'll go back .. : MehraEvery day that you are wasting, you are contributing to it : Court.Suggestion was that unless you have system at the back end, please don't launch it. There has to be a call centre to connect the doctor and the patient.. : Rao.Rao says even last year there were volunteers. While it is one of the most important... we need a few more days.. by Friday, we will have some concrete set up in place : Rao.An advocate mentions a matter in between. Don't turn it into a panchayat: Court as it asks the counsel to follow the discipline..Court records submissions..Prices for mortuary services have not been fixed by Delhi government, court records Amicus' submission..Since these lists have been verified, we direct GNCTD to give link to the same on Delhi fights corona website. The links should be included with proper indication of the subject: Court.The notified rates for ambulances should also be linked in the same location. In the meantime, we direct GNCTD to fix the prices for mortuary services for COVID patients: Court.The State should sensitise the petrol pumps and wherever necessary police assistance may be provided. Status report in this regard may be filed : Court.Basic medication for 3-4 days is becoming difficult to procure.. the court may not spell out these names in the order as it creates panic.. we are so focused on Remdesivir that at times paracetamols and medrols are left behind.. even blood : Rao.Somebody needs to flag it : Rao Idea is to set it into thinking: Court.Court records the submission..The GNCTD should place before this court report on how it is planning to deal with the situation...: Court.Issue with regard to availability of blood should also be looked at : Court.Next is for IRDA to consider. We've put it in a separate note : Rao.Mr Rao has included the issues related to insurance coverage for COVID 19.. Let the note be circulated with the order by the amicus to the IRDA. The IRDA should look at the aspects and should place before this court their response within two weeks : Court.Rao raises issue of test, Feluda, other than RTPCR. Satyakam says this issue was dropped by the erstwhile bench because RTPCR was the gold standard and the kits were also not in scarcity..Mehra says he'd get back after seeking instructions on efficacy of the other test..Rao talks about the other COVID test, Ray. The turnaround time is 45 mins. ICMR takes them to be as efficient is RTPCR: Rao Gold standard is RTPCR: Anurag Ahluwalia for ICMR.RAT can give false negative quote often. One who tests positive need not get into RTPCR : Court.We are talking about feluda and Ray..their efficacy and why they are left behind: Court.Court may keep it for tomorrow: Ahluwalia You tell us tomorrow: Court.Mehra shares the data of number of tests..We are currently on average of 75k. Positivity rate is 18%.. it has fallen : Mehra.Number of cases have also come down.. : Mehra.Mr Rao has raised the issue with regard to testing of COVID 19. He submits that apart from RTPCR and Rat, indigenous tests Feluda and Ray have been approved. They are cheaper and take lesser time : Court records Amicus' submissions.Mr Ahluwalia shall report to this court tomorrow why feluda and ray tests have not gained popularity and the bottlenecks in adopting these tests: Court.This court has passed an order on food supply to daily wagers.. we direct State to file a report with regard to the steps taken.. : Court.We'll take to on Monday : Court.Hospitals are okay with thrice.. telling the number of discharges and admissions.. the nodal officer should take that responsibility. We're having a meeting ...: Rao.Amicus says this aspect of collating data could be taken later this week..Court says updating data has to be done by the hospital itself..Rao says there is a huge gap on information and beds available..Rao says there was an eye hospital having 50 beds available on Friday night but those were only for those who were recovering. Most of these hospitals,... rarely they answer the phone : Rao.Only person who answered the phone (late night) was at DRDO : Rao.Problem is that they are not verifying the numbers ..they just put it on the website: Court.For new beds, Delhi government should consider centralised allocation: Rao.Mehra takes the court through its orders..Even as of today,total COVID beds of Centre are 3861. Beds have come down instead of going up : Mehra.Officer had come saying these beds are dedicated to Delhi.. answer still hasn't come (on why more beds can't be given).. despite it being the worst possible pandemic.. we still don't have beds from Centre.. : Mehra.If beds are there, it can't be.. it's about time that there is a direction that at least 60%.. why can't we have the same for central government: Mehra.Apart from AIIMS, we can have other facilities. We can have 4-5k more beds : Mehra.Both state and central government should be similar exercise: Mehra Malhotra points out that beds have been reduced in Trauma centre, AIIMS Jhajjar..Malhotra says a super speciality ward was created in Safdarjung last year..These are beds and capacity that we available.. with due respect to all doctors in central government hospitals.. they should also participate: Mehra Court asks Mahajan about the beds going down..Court asks if affidavit has been filed on bed availability..Mahajan goes through the orders passed in the regard till now..Mehra takes the court through the latest number of 3861 COVID beds..591/592 ICU beds are occupied : Mehra.Let Centre come back on this day after tomorrow: Court With some beds allocated.. : Mehra Let them come back.. : Court We're working very closely with them, doing whatever we can : Mehra.All I'm saying is vacant beds should be put to COVID use : Mehra.Court records submissions..We direct Centre to examine this aspect and disclose the number of beds in centre facilities category wise: Court.We'll consider this on Thursday: Court.Amicus has flagged the issue of supply of data by hospitals, suppliers etc in the proposed format.. : Court Now that oxygen is available, these little coordination issues may be .. : Rao.Let the GNCTD report by Wednesday steps taken on implementing the performa : Court.Primary role is of the Hospital...if the court may direct that it has to be followed by all stakeholders: Satyakam You first take that step, we'll pass the direction: Court.We did not appreciate the submission (that it is hard for hospitals to update).. every Hospital is bound to have management which maintains status of discharge and admissions. We direct all hospitals, as already directed, to update the data on the same : Court.Rao raises issue of SoS calls by hospitals. Emails may escape ...best is to pick up the phone and call: Court There has to be some documentation: Rao.It could be by WhatsApp but also on the system were the central nodal officer can also have the visibility: Rao Let's wait on this : Court The website is reasonably accurate. Most hospitals are running reasonably well: Rao.Rao raises the issue of mental health counseling..Rao says it has be sperate from tele consultation. Counsel suggest roping in IBHAS and DSLSA counsellors. We have to ensure that this avenue is available to every member of the Bar: Mehra.This list by DSLSA has 11 counsellors.. one for each district.. this info can be uploaded on the website: Court.This is an ad on some local newspapers...tomorrow all leading national dailies will have it... : Mehra With or without pictures: Court Same as today's: Satyakam So with picture: Court.Mehra informs what all info would be there...There is one helpline number 1031 and two websites/apps. Everything is available : Mehra 60 veteran army doctors are helping Delhi government : Mahajan.Rao points out that FAQ should be put in Hindi as well..Both English and Hindi ads are coming: Mehra.Walk in interviews are happening.. : Mehra We'll take it up tomorrow. We have a meeting at 5 pm : Court.Court records submissions..Let Mr Satyakam take instructions and place the position before this court (on taking help from IBHAS on mental health counseling) : Court.Last aspect is foreign aid donation: Court There are some bottlenecks. Unless there is a number, embassies are not looking at it. Even if it is one package, it should be processed.. : Rao.Next aspect is of FCRA compliance.. : Rao.We'll flag that tomorrow: Rao.Court records submissions on foreign aid and donations. Individual donations.. are not being accepted. Mr Mahajan shall take instructions on the present policies..: Court.We don't have to record everything: Court.Rao says there is one such issue an Los Angeles. We can on daily basis put suggestions to the officers: Mahajan.Instructions are there. This issue was raised and why there is a cap. I don't have an appropriate answer. If the aid is very small, we may not have the aid to pick it up : Mahajan.Flights are coming.. then the impression is that you don't value small donations: Court.Whatever is being given, you accumulate it for 3-4 days. And then you pick it : Court.This is a direction that has to go to local authority.. : Mahajan.The spirit in which an aid is given, you have to honour the donor.. and you have flights from all places...we know where this is coming from...this is the attitude: Court.Probably needs to be reviewed. These days we have very little flights: Mahajan Check up on that : Court.Hearing over.

[COVID 19] Delhi High Court issues notice in plea to declare oxygen concentrator, medical equipment as essential commodity [LIVE UPDATES]

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