Karnataka High Court hears case concerning COVID-19 management in the State [LIVE UPDATES]

The Karnataka High Court is hearing issues concerning the management of the COVID-19 pandemic in the State. A Bench of Chief Justice AS Oka and Justice Aravind Kumar is hearing the matter.

Live updates of the hearing today feature on this page.

AG Prabhuling Navadgi: Cabinet has constituted a commission of inquiry. We have given an outer limit - a request of one month. We have chosen Justice BA Patil.

(Court on commission appointed by Chamarajanagar incident)

Bench: We do whatever you want. Normally Court decides the judicial officer, not govt. We understand your intention now. Anyway, we will pass our order now.

Bench: Have you increased the quota of oxygen? Yes or No?

Centre: Attempts are made so that more oxygen maybe released immediately.

Bench: What is immediately? We passed an order on April 29 and today is May 5. People are dying.

Bench: Mr ASG, please appreciate that people are dying. The minimum quantity for Karnataka is more that 1,100 MT.

ASG: I will try to take a decision by 4 pm.

Bench: Yesterday, you said you wanted time till 2:30 pm, the matter was listed then and you wanted time again, so the matter was posted today at 10:30. What is the big problem if you give 1,162 MT? You (Centre) tell us that

Senior Advocate Jayna Kothari: Supreme Court order says that apart from what is asked, there must be a buffer stock of oxygen as well.

Court: Yes, we are coming to that.

Court to center: Where is the buffer stock? Take the Supreme Court order. We are going to take that you don't want to Increase the quantity of oxygen.

ORDER (In ChamarajaNagar incident where 23 persons died due to lack of oxygen)

Bench: Court directs chief officer of District Legal Services Authority to submit report to AG

Bench: Considering what is stated in report we direct Chief Secretary to seize the records of the hospital with regard to supply of oxygen.

AG: Let me clarify that State Govt has no intention to appoint a particular Judge.

Bench: Let us come to oxygen and beds.

Court goes through an application by Advocate Clifton Rozario. As per Mr. Clifton's calculation, it means that 11.5% of the positive cases will need oxygenated beds.

Vikram Huilgol (Amicus) : Calculation cannot be just based on active cases but should be on the doubling rate. As per Doubling rate, Karnataka surpasses Maharashtra.

Is there any data of how oxygen is distribution to hospitals? Bench asks

There is a KPME portal for private hospitals, there is an application that has to be filled in, through govt. After which, oxygen is supplied: Government Advocate

State counsel: Vishakhapatnam and Orissa are logistically difficult sources due to the factor of distance and also given that the oxygen tankers take about 48 hours to fill.

Court questions State mechanism for distributing oxygen in cases of emergency

Court: In the afternoon, you must inform us in case they don't get allocated oxygen amounts, there should be a helpline. What will you do in cases of emergency needs in Hospitals? Is there some mechanism?

Bench: Buffer stock can be created only if there is sufficient amounts are made available first. ...Did Authorities try to contact Authorities at Visshakapatana and Orissa for lifting oxygen?

State: Yes.

Amicus: The main issue is that, from Vishakapatnam and Orissa, Tankers have to sent by Tankers by air. It takes about 36-48 hours to fill the tankers.

Advocate Shridhar Prabhu: Delhi has oxygen Trains. Karnataka has no such things.

Bench to Centre: 130 (MT of oxygen) comes from Vishakapatnam. How will Karnataka get it?

Advocate Rozario informs about other states which are getting Oxygen supply from plants located in Karnataka.

Chief Justice: When the Central Government has to calculate supply of Oxygen, it has to be done pan-india. There could be some state where there are no plants.

Bench: But Mr. Kumar look the Oxygen manufactured in Maharashtra is supplied to Maharashtra. So when there is need, you can surely do it.

CJ: What is the position as of today, are we short of Remdesivir?

State: I will take instructions on that.

CJ: Mr Nargund, State submitted their requisition for increasing the supply of Remdesivir, there is no decision taken on that also.

CJ: State advocate is saying they don't know from where to get Oxygen from Vishakhapatnam and Orissa. Now look at Maharashtra, the entire Oxygen produced there goes there.

ASG: On April 30, the demand for Oxygen by the state was a little less.

Bench: No, Mr Nargund, the demand was then 1471 MT per day. Even in our order dated April 29, it is noted and Government of India was very well aware of the demand of Oxygen by the State.

Bench: Mr Nargund, we want an answer from you on increasing Remesivir and Oxygen by 2:30.

ASG: Yes, I am pursuing the Authorities to supply Oxygen manufactured in State for use in the State Government.

Bench: Yes, you continue your efforts. You can inform us by 3.

Court on Availability of beds

Shreenidhi for BBMP: General beds 1749, 6002 total beds, HDU 4299, 591 ICU beds

Are these figures from the website or oral instructions? Bench

Shreenidhi: Oral instructions Advocate Rozario says the availability of ICU beds and ICU with ventilator beds is rather difficult to accept.

CJ: Mr Vikram (amicus) why don't you check the website right in courtroom.

Amicus goes through the website and gives real times details of beds available.

CJ: The oral figures given by you (BBMP) is completely contrary to those available on the website in public domain. Number of beds is much less.

BBMP: Beds must have been blocked.

Advocate Sreenidhi apprises Court on procedure for allotting beds.

Bench: So if patient who does not go through Aptamitra app will not get bed?

Bench: We take it all govt quota beds and 50 percent in private hospitals, BBMP is alloting beds?

Sreenidhi: yes

Bench: Suppose a patient is tested positive and his O2 levels is 80, if he does not have Apthamitra app then what happens to him?

BBMP: He can come to any of our hospital and can say as of now i don't have the app, we will admit him.

Bench: So he has to search for hospital.

Advocate B V Vidyulatha: I have met many people and nobody has contacted us from BBMP for last 48 hours. So they visit medicine shops and take some medicine..... COVID patients are moving around like this.

Advocate Vidyulatha: As soon as the patient is tested positive they should be given a number where they can contact.

CJ: This is our concern as well. There are more than 20k cases every day they should know what to do and whom to contact when they test positive.

Bench: BBMP and State should take instructions and submit by 2.30 pm what they are doing in cases where covid patients are moving around and buying medicines from drug stores.

Bench: Madam Vidyulatha, are you saying that people are buying medicines because nobody contacts them?

Vidyulatha: The people I saw looked like elderly people who did not have any support at home. I got scared and did not speak to them.

- Bench chuckles -

Bench: BBMP counsel, you must tell us by 2:30 - there is huge time lag between a person testing positive and somebody contacting them.

Justice Kumar: Even with having all symptoms people are still coming out.

Is State considering the SC order of imposing lockdown if required?

CJ: Madam (State Counsel) what about the issue of Food Security to the weaker sections of the society during the ongoing lockdown?

If they don't have ration cards, how are you arranging ration? Last time, govt had given ration kits.

Kothari: So many transgender persons don't have ration cards and no jobs now....these people were found scrounging in the garbage

Bench: These people should be targeted.....some food must be provided to them.

Bench: What were specific orders for people including transgenders.....We had passed specific orders on food security last year.....Mr. Rozario and Madam Kothari are also there.....point put these orders. Flag mark those orders...

Bench: Also, in other parts of the State, how many beds are there?

(Alleged Bed Allocation scam)

CJ: State must take a stand about allegations made against BBMP in regard to allocation of beds.

Adv Ravindranath Kamath says a one many committee headed by former Lokayukta into the complaints raised by the citizens.

Bench: The court is seized with issues regarding food security and other issues. The bed allocation has to be based on number of cases etc.

Court on lack of availability of vaccines

Bench: Now many people have not got vaccinated. People must get vaccination.

There will be a third wave. This is 'state of preparedness' for third wave.

Rozario: There is a huge digital divide in Karnataka. This has to be looked into. State has to come up with a policy.

Bench: There must be some way for registration for persons for persons. They must be encouraged to take vaccines.

Bench: We will tell you that six judges got one vaccine shot but they are not getting the second one as there is a shortage of vaccines.

Everyone who is eligible should register for vaccination.

Bench: People with first shot must be given priority, Otherwise there is no use....it becomes a national waste.

Bench: We want exact situation of vaccine. Have people who are to get a second dose.....have they got it?

Are those above 18 years to 44 years getting vaccinated? You must give us the exact picture of the vaccination in the State

Bench: We will reassemble at 2:45 pm

Bench rises.

Bench reassembles.

Bench: Mr. Nargund, what do you say?

ASG: Regarding oxygen, in of further demand from Karnataka, 100 MT will be increased by Centre.

ASG: To strengthen infra, 1 lakh cylinders ordered and will be sent to each state.

Karnataka has been allotted 150 oxygen cylinders.

Bench: State cannot procure oxygen from Vishakapattanam.

ASG: Logistics team of experts will form decision

Bench: What about Remsedivir.

ASG: Karnataka has been getting second highest quantity.

Bench: Requirement is much higher. 35,000 vials required and only 15,800 is allotted.

ASG: I'll come to that. There was a statement that Karnataka is discriminated against. Not true

Bench: We will tell you why there is discrimination.

As of yesterday, Karnataka 37,000 fresh covid cases. Gujarat below 20,000. UP 32,000. But look at the allotment of Remdesivir.

ASG: On May 7, throughout India re-allotment of Remdesivir will take place.

Adv Rozario informs the Court of the appeal against Delhi HC order before Supreme Court. Order was just dictated, he says.

Supreme Court said that there is no reason for the time being to exercise contempt of court jurisdiction against government officers but asked Centre to submit a tabulated plan to meet the 700 MT Oxygen target: Adv Rozario

AG Prabhuling K Navadgi says it is quite a bit of a challenge to lift Oxygen from other states. He apprises Court on details of the logistics involved in the transportation of oxygen.

Bench: It is a challenging process

Bench: AG, take instructions, how much oxygen can you generate?

AG: 861 MT

Bench: Mr ASG we will have to pass an order today that we will direct you to provide 1162 MT per day of Oxygen supply. This requirement is of April 30, today we are on May 5.

Bench: AG, there is no explanation how the distribution of oxygen is carried out....It goes to Assistant Drug Controller..... We do not know how actual distribution takes place......

AG: Govt hospitals should place applications to Assistant Drug Controller.

Bench: What if he does not accept? AG: There is a meeting which will be convened.

I will inform the Court tom, 10:30 am.

Bench: Two things - one is distribution of Oxygen, second P.S Units ( Pressure Swing Absoprtion) - how much oxygen it can manufacture. We need your statement on these two aspects.

Adv Shridhar Prabhu makes submissions on Oxygen and raises concern on fact that only State is paying.

AG: I don't think my friend should worry about Centre-State relationship. We will work it out.

Prabhu: I was just mentioning the finances aspect in light of the Supreme Court order. If AG is not happy, I withdraw my statement.

AG: It's not the aspect of finances but availability. It is all public money....

Court: Let anyone pay....Just provide oxygen.

ORDER

Bench: Oxygen requirement as of April 30 was 1471 MT per day in the State. A direction was issued to the Centre to take decision to increase in cap of oxygen. Only marginal increase was granted by GOI increase, from 802 to 865 MT.

Bench: Yesterday, another order was issued asking Centre to take a decision on increasing oxygen.

Bench reiterates the importance of Art 21 and how it is the duty of the Centre and State to uphold the same.

Bench: In Karnataka, on April 28 - over 3 lakh active cases. On April 29 - over 3,28,000 active cases.

On May 4 - 4,64,363 active cases, new cases - 44, 631.

There is a huge jump in the number of active cases in the State: Bench

Thus, the estimate of 1792 MT as of May 5 was made on the footing there will be over 3.95 lakhs.

But actually, cases have crossed 4 lakh cases on the said date: Bench

Cap, as of today, is 965 MT per day from Centre to State: Bench

Out of quota of 865 MT, 30 MT was to be taken from Vishkapattanam, 80 MT from Orissa, 60 MT from W.B, 20 MT from Kerala : Bench

If quota is to be taken from far off places, it takes about 48 hours to fill 4 tankers and may take more time to reach time. That is why State could not take quota allotted in Vishakapattam and WB : Bench

State has utilized 722 MT from allotted quota: Bench

Estimation is 1162 MT of oxygen as of April 29 and 1792 MT as on May 4.

Therefore, there is every justification if more than 1792 MT of oxygen sought by State: Bench

GOI offered no explanation as to why buffer stock not there in Karnataka, as per Apex Court order: Bench

Perhaps, if buffer stock was there, the Chamarajanagar incident would not have happened.

Apart from buffer stock, even required quantities of oxygen are not being allotted: Bench

Bench: Centre to again consider the representation of State Govt dated April 30 for more quantity of oxygen.

State to submit additional representation seeking more quantity based on the projected requirement of oxygen, for a week. Decision to be taken in 4 days.

Bench: Till then, Centre to increase cap of the quantity of oxygen

Standing counsel should immediately consider this order to Centre because there are no. of death in the State on lack of oxygen.

For upholding right to life, this is the minimum requirement to be met by State, Centre : Bench

Considering gravity of situation, this shows that today's supply of Remdesivir is nearly 1/3 rd of requirement.

On supply of Remdesivir, Centre to taken positive decision in 2 days : Bench

In each district, COVID-19 helpline has to be created as numbers as increasing : Bench

Kothari and Rozario inform Court of the various orders passed by it on Food security last year.

Identify groups that have become vulnerable because of the directions of the State: Bench

ORDER (continued)

Necessary to provide COVID-19 related helplines in every district on par with Bengaluru. State govt to look into suggestions immediately. Wide spread publicity be to be given : Bench

As no. of COVID cases are on the rise in districts, the State to come out with criteria fixed for making available the number of beds in each category.

A committee headed by Retired Justice AN Venugopal Gowda to inquire into the Chamrajanagar incident: Bench

In the morning, we had already passed on order on seizure of records : Bench

Needless to add, govt officers will render support to the committee.

The Objective of the committee is to undertake a fact-finding exercise.

The point is that the report of the committee will be useful to the govt : Bench

Bench: As regards the incident of Chamarajanagar incident we have recorded our displeasure the manner in which govt has acted when it comes to appointment of Commissioner under Commission of Inquiry Act.

We direct Chief Secretary who is in custody of the record to allow the committee headed by A N Venugopal Gowda, to access the records.

We expect the committee to submit its report by next Monday: Bench