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The Division Bench of Justice Vipin Sanghi & Justice Rekha Palli while hearing the plea related to management of CoVID crisis in Delhi directed the central government to take the decision of diverting supplies from industrial use for medical use forthwith instead of implementing it from April 22, 2021 & and make oxygen available to hospitals who were running out of supplies.

Adv Rahul Mehra appeared for GNCTD & Adv Monica Arora & ASG Chetan Sharma for the Union of India.

In the present matter, the Bench was hearing a suo motu revived disposed of petition filed by Advocate Rakesh Malhotra which pertained to COVID-19 testings and infrastructure. 

On the last date of hearing, the Bench directed the GNCTD as well as the Central Government to file their respective affidavits disclosing the  hospitals managed by them: hospital-wise, the number of COVID beds reserved, number of ICU beds, with, or without, ventilator, and with, or without oxygen supply. Additionally, the Central Government was directed to include in its affidavit the number of COVID beds allocated by the Central Government to GNCTD in ICU/non-ICU and with/ without ventilators, and with, or without, oxygen. 

Thereafter, the affidavit submitted by the Central Government & filed by Mr. Rajender Kumar, Under Secretary, Ministry of Health and Family Welfare with regards to the aspect of availability of COVID beds made available by the Central Government in the NCT of Delhi disclosed that in a meeting held on 09.04.2021, it was decided to establish a 500 ICU bedded DRDO COVID Care Hospital in Delhi Cantt out of which 250 ICU beds were operationalized by DRDO and another 250 beds were to be operationalised by 22.04.2021. The affidavit also said that the Central Government decided to provide 25 medical officers and 75 paramedics to this COVID care centre from Central Armed Paramilitary Forces.

The Central Government had also called upon the States and Union Territories to provide their requirements for Ventilators in the States, so as to consider the supply of Ventilators as per the availability at the earliest. 

“As per the demand of the GNCTD, 763 ventilators have been supplied by the Government of India. In addition to that, Safdarjung Hospital has been provided with 105 ventilators, Ram Manohar Lohia Hospital with 5 ventilators, LHMC with 5 ventilators, Ayush Hospital with 2 ventilators, ESIC Hospital with 10 ventilators and the DRDO facility has been provided with 500 ventilators.”, affidavit submitted by the Central Government stated.

The Bench after considering the submissions of Mr Nipun Vinayak Jha, Joint Secretary, Ministry of Health & Family Welfare with respect to the fact that Steel & Petro Chemical Industries were permitted industries to use oxygen, directed the Central Government to seriously consider issuing appropriate orders in respect of the Steel and Petro-Chemical industries, so that a balance can be maintained between the needs of the people at large 􏰀 who are suffering from COVID and are serious, and the needs of the industries.

 “After all, if more and more people are going to suffer seriously from COVID 􏰀 which in turn may result in extended lockdown and closures, the purpose of full production of Steel and Petroleum products would also be of no avail, as their consumption is bound to fall in that scenario.” 

The Court took note of the number of COVID positive patients all over the country, and the pattern which was emerging with regard to the spread of the viral infection and the severity with which it was impacting people in different States and regions & thereafter, directed the Central Government to review the allocation of Oxygen on a dynamic basis i.e. on a day to day basis, to achieve its utilization in the most efficient manner. 

Directions Issued By The Court to the Central Government 

1. On the aspect of Ramping up testing facilities for CoVID 19 through RT-PCR Test, the Court directed the Central Government to issue necessary directions with regards to handling & clearance of imported RT-PCR test labs, medical equipment/ machines as top priority.

The Court took notice of the time taken by the ICMR to give clearance to the doctors/entrepreneurs for setting up of Covid testing facilities. In this context, the Court observed that, 

“We do not wish to, in any way, impinge on the authority of ICMR, and we do not expect the ICMR to relax its standards in the matter of granting its permissions and clearances. However,looking to the present day situation, we direct the ICMR to give top priority for such clearances so that the RT- PCR Labs could be set up or expanded without any delay.”

2. “The patients who undergo the RT-PCR tests are required to provide their Aadhar Cards. Despite that being the position, the testing agencies are required to fill up detailed forms online, which take up to 15 minutes per form. We, therefore, direct the Central Government, and the ICMR, to review the form in which the information is required to be uploaded by the testing agencies, so as to reduce their burden and wastage of time, as this appears to be acting as a bottleneck in the matter of preparation of reports.”, the Bench remarked on the aspect of delay in preparation of RT-PCR Test Reports.
3. With respect to hoarding of medicines required for treatment of serious CoVID 19 patients, the Court directed the Central Government and its agencies, particularly the Drug Controller of India, to issue necessary directions in this regard to all the licensees. Government was also directed to undertake checking on a regular basis to unearth all such cases of hoarding which is leading to scarcity of drugs in the market for the needy patients & take Strict penal action against those indulging in such practices.
4. On the aspect of distribution of Remedesivir in States & UT, the Central Government was directed to dynamically review the distribution of Remedesivir in the States and Union Territories on a daily basis, on the basis of the need, assessed on the basis of the serious active Covid patients, who need to be administered the said Drug to maximise the efficient use of the said Drug.
5. To avoid the shortage of drugs such as Tocilizumab, Favipiravir, Ivermectin, Dexamathasone, Methylprednisolone, Dalteparin, Enoxaparin, HCQ and Baricitinib, the Bench directed the Central Government to reach out to the manufacturers/ patent holders/ licensees so as to forthwith ramp up the production capacities of the above, and all such other medications, as are essential for treatment of Covid positive patients.
6. On the aspect of wastage of vaccine, the Court directed the Government to modify their mobile COVIN application appropriately, urgently so that it is possible for the Government(s) to devise ways and means to register volunteers who may be below the age group of 45 years, and above the age of 18 years – who could be called upon to take the residual doses of vaccine, in case, there are doses left unutilised after, say, 05.00 P.M on each day. 

Notice of contempt was also issued to M/S INOX for non compliance  of the order dated 19.04.2021. The Bench also directed the Managing Director/ Owner of M/s INOX & The State of UP through its Chief Secretary to personally remain present during the next date of hearing

The matter will now be heard 22.04.2021.

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