[BREAKING] Create buffer oxygen stock, national policy on hospital admission, no action against social media posts: Supreme Court in COVID case

The Supreme Court in an order released late Sunday night directed the Central government to create buffer stock of oxygen along with the States so that the stock can be used if the regular supply chain is disrupted due to any reason. .The same has to be done within the next four days, the Court ordered. ."We direct the Central Government in collaboration with the States to prepare a buffer stock of oxygen to be used for emergency purposes to ensure supply lines continue to function even in unforeseen circumstances. The location of the emergency stocks shall be decentralised so as to be immediately available if the normal supply chain is disrupted to any hospital for any reason. The emergency stocks shall be created within the next four days. The replenishment of the emergency stocks will also be monitored on a real time basis through the virtual control room in active consultation with each state/UT," the order said. .The order was passed by a Bench of Justices DY Chandrachud, L Nageswara Rao and Ravindra Bhat in the suo motu case initiated by the top court to examine issues including supply of essential medicines, drugs and vaccines in the wake of second wave of COVID-19..[Suo Motu COVID-19] Off-the-cuff remarks not related to a case may be avoided by judges: Supreme Court observes .The order in the suo motu case was reserved on April 30 after Central government had made a detailed presentation on how oxygen supply was being augmented during the national crisis. .The top court stated that while the Central and State Governments are in the process of managing the supply of oxygen, at the same time, it is critical that a buffer emergency stock of oxygen is created "so that in the event that the supply chain is disrupted to any one or more hospitals in an area for any reason, the buffer or emergency stocks can be used to avoid loss of human lives." These emergency stocks must be so distributed so as to be easily accessible without delay in every local area, the Court added. .Regarding hospital admission, the top court directed that the Central government should formulate a national policy on admissions to hospitals within two weeks which should be followed by all State Governments. "Till the formulation of such a policy by the Central Government, no patient shall be denied hospitalization or essential drugs in any State/UT for lack of local residential proof of that State/UT or even in the absence of identity proof," the Court made it clear. .With respect to social media posts by people citing grievances in relation to COVID-19 facilities, it was directed that the Central and State governments shall notify all Chief Secretaries/Directors General of Police/Commissioners of Police that any clampdown on information on social media or harassment caused to individuals seeking/delivering help on any platform will attract a coercive exercise of jurisdiction by this Court. "The Registrar (Judicial) is also directed to place a copy of this order before all District Magistrates in the country," the Court directed. .Substantiating as to why there should be no clampdown on information, Supreme Court stated that sharing information widely will help in the creation of a “collective public memory” of this pandemic. "The presence of collective public memory, which refers “to an extant and taken-for-granted group memory” is important for the creation of knowledge of the problems plaguing us today, so they may be passed on across time," the Court noted. ."In these trying times, those desperately seeking help for their loved ones on these platforms should not have their misery compounded through the actions of the State and its instrumentalities," the Court further said..Regarding the oxygen crisis facing Delhi, the Supreme Court noted that Centre shall ensure, in terms of the assurance of the Solicitor General, that "the deficit in the supply of oxygen to the Delhi government is rectified within 2 days from the date of the hearing, that is, on or before the midnight of 3 May 2021 (Monday).".The Court further clarified that prima facie the present circumstance warrants the government’s examination of its extraordinary powers, "meant to be used in extreme situations, such as the current pandemic, for fixing drug prices, be it vaccines, or patented formulations, having regard to the provisions of the Drugs and Cosmetics Act, 1940 and other provisions."This is especially with regard to medicines which doctors are prescribing but are not readily available in the market..Supreme Court also took judicial notice of the fact that several critical drugs, used to treat COVID-19, such as Remdesivir and Tocilizumab, are being sold at significantly inflated prices or in fake form. "This is a condemnable attempt to exploit people’s misery and profit from their helplessness. In order to clamp down on this practice, the Central Government can consider constituting a special team to identify and prosecute those who: (a) sell medical grade oxygen/COVID-19 medicines at exorbitant prices; and (b) sell fake substances and recover the concerned substances," read the judgment. .The top court clarified that it is alive to the fact that ambulance charges have skyrocketed during the pandemic and there is a need to curtail the same. "A protocol for ambulances must also be evolved to avoid citizens being exploited by extracting unconscionable charges. The Central Government can consider creating a platform for easy reporting and redressal of such cases," the Court suggested. .With regard to mass gatherings and its negative impact in contributing to the COVID-19 surge, Supreme Court urged "the Central and State Governments to consider imposing a ban on mass gatherings and super spreader events."."They may also consider imposing a lockdown to curb the virus in the second wave in the interest of public welfare. Having said that, we are cognizant of the socio-economic impact of a lockdown, specifically, on the marginalized communities. Thus, in case the measure of a lockdown is imposed, arrangements must be made beforehand to cater to the needs of these communities.".The Court stated that public memory of this public event has to transcend its conception as a “war” against the virus of COVID-19 itself, to “complex epidemiological circumstances that promote these outbreaks and the under-resourced health systems that are tasked with disease containment”."While the healthcare professionals have been at the forefront of tackling this crisis, we have to recognize their contribution as medical healthcare professionals who have undertaken “to protect public health using proven scientific evidence and best practices and to serve to community at large” , and not just as “CORONA WARRIORS," the Court underscored. .[Read judgment]