“If the government wants, it can turn heaven & earth”: Delhi High Court issues directions to Centre & State in Covid Management Issue

The Division Bench of Justice Vipin Sanghi & Justice Rekha Palli while issuing directions to the Central Govt in a suo moto revived plea related to management of CoVID 19 crisis issued further directions to Central Govt & State Govt on the aspects of RT PCR Tests, allocation of medical oxygen by the Central Government within India & hospital beds by the Central Government to the GNCTD & wastage of vaccine. 

 “If The Government Wants They Can Turn Heaven & Earth”, Justice Vipin Sanghi remarked.  

On the aspect of RT PCR Tests, the Bench slammed Delhi Govt for issuing a notification by which the labs were instructed to collect samples & deliver test reports within 24 to 36 hours upon collection of samples. 

“This is despite the fact that the number of CoVID 19 cases are increasing. It is well known that testing of population is an important tool to identify the people & put them into isolation. This is resulting in late reporting of the disease. Persons infected might not be able to isolate them due to late reporting. We have observed vide orders dated that the labs should generate the report within 24 to 48 hours. We therefore direct that the latest notification issued by GNCTD shall not be implemented.”, the Court remarked. 

The Bench on the issue raised by Mr Mehra on the supply of oxygen by Kalinga, Durgapur & Rourkela  being almost 1400 away from Delhi noted that, “An order passed has taken note of the plants from where 480MT tons of oxygen would be supplied to Delhi. There are 3 plants from where allocation has been made Durgapur, Kalinga & Rourkela are located from 1500 to 1600 km away from NCT of Delhi & transportation of the same by road would take time. SGI submits that mapping is being done & the same should not be disturbed by this court & we assure to not do that. Mr Manoj Singh, Executive Director is also present who states that railway has also started transport of liquid oxygen & 2 such instances are 1. From Vizag to Maharashtra & 2: Lucknow to Bhopal.”

The Court also took note of liquid oxygen that was being supplied via railways & directed for giving priorities to these trains so that they are able to supply oxygen wherever required on the way. 

“The Railway is willing to supply oxygen but the tankers have to be provided by the concerned state govt. It is stated by Mr Amit Varadan, Joint Secretary Ministry Road & Highway that tankers would be provided by Oxygen Supplier, Linde. It will be open for the GNCTD to look into this aspect & they may take steps for transporting the same.”, the Court said. 

Ms Arti Ahuja, official of Ministry of Health & Family Welfare on the allocation of beds by Central Govt to GNCTD informed the Bench that Central Government allocated 4499 beds to GNCTD & that the Ministry took 2 more steps to increase the number of beds by creating makeshift beds in DRDO & requesting the PSU’s & Ministries to to allot CoVID beds. 

“We are using CSIR Technology to make beds available for CoVID patients. Many of the states have also taken up the issue of makeshift hospitals. We also request the Delhi Government to also join our effort.”, Ms Ahuja further added. 

Lastly, the Court on the aspect of augmentation of beds in GNCTD, took note of the affidavit filed by the UOI as per which 4499 beds were allocated to GNCTD. 

“Mr Mehra submits that the bed in Shakurbasti cannot be considered as full fledged hospital beds. We expect CG to look into the requirement of beds at the GNCTD. Mr Mehra has referred to the status report filed by GNCTD. 11029 CoVID beds are available in private hospitals in Delhi.  It has been suggested that another state govt has requested the PSU's to provide MakeShift beds. Let a report in this regard be submitted by GNCTD.”, the Bench remarked. 

The matter would now be taken up on Monday that is April 26, 2021.

Case Title: Rakesh Malhotra v. GNCTD