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Supreme Court today resumed hearing on PAN India COVID crisis after its last direction of constituting a National Task Force for reviewing measures of procuring & supplying Essential Drugs/Liquid Medical Oxygen to all States.

A Full Bench of Justice DY Chandrachud, Justice Ravindra Bhat and Justice Nageswara Rao, while reiterating that the purpose of present hearing is to “create a dialogue” and “strengthen the arm of Centre”, raised concerns over dual pricing policy adopted by the Centre, Digital Divide and CoWin Registration, Rate of Vaccination and Government’s rationale for switching to a new policy for 18-45 age group and need of a concrete framework on scientific basis, instead of Ad Hoc decisions.

Submissions were made by Learned SGI, Mr. Mehta for the Union;

Senior Advocate(s) and Learned Amicus in the matter; Mr. Jaideep Gupta and Ms. Arora;

Senior Advocate Vikas Singh for the Bar Association;

Intervener Advocate J Sai Deepak and Senior Advocate Dr. Ashwani Kumar;

Pertinent remarks made by the bench in today’s hearing;

Justice Chandrachud: There are Municipal Corporations issuing global tenders. We want to know, is this the policy of Government that each State is left to their devices to issue tenders and procure vaccines? Ultimately look at the capacity of the Corporation…compare BMC with corporation in UP or West Bengal. Does the Government of India contemplate that there will be States submitting their bids or it will it be you who will procure and distribute?

Justice Chandrachud: For post 45 group, arrangement is made by Centre but for 18-45, State has to make its own logistical arrangements. So now Uttarakhand has to make its own arrangement, Goa has to make its own arrangement. Do you treat yourself as a National Agency or now we are leaving it on individual States and Corporations to procure?...Ultimately it is your responsibility to provide vaccines throughout the country at one price.

Justice Chandrachud: Is it realistically possible to expect people from rural areas to register on CoWin App?

Justice Chandrachud (on Digital Divide): So even in the villages, a person has to go to a common service centre? Is it even practicable Mr. Solicitor? On one hand you say Digital India Digital India, but you have to see things on the ground. The questions is, how do you answer a Digital Divide? How do you ensure that Migrant Labourers who go from one State to another…. (SGI interjects to refer to Para 35 of the Union’s Affidavit)… We are asking you to please wake up and smell the coffee! See what is happening around the country...Make changes in the policy if needed.

Justice Chandrachud: When we point out something in your policy, we expect some resilience from you that Ok a Constitutional Authority has suggested something… Digital literacy in India is far from perfect. I am the Chairman of the e-Committee. I have seen the problems which afflict this. You have to be flexible and keep your ears on the ground.

Justice Chandrachud: Private hospitals are not serving in rural areas. The allocation is predominantly for urban area and it is entirely exclusive of rural areas.

Justice Chandrachud: Let me tell you from my experience as a Judge; the ability to say that you are wrong is not a sign of weakness, but a sign of strength. Purpose of this hearing is to create a forum of dialogue. (To SGI, Mr. Mehta)

Justice Bhat: I get distress calls from people that they fail to get slots. They disappear within seconds. (CoWin registration)

Justice Bhat: I would request you to place policy document and the thinking behind it…that if you abandoned the previous policy then what was the rationale.

Justice Rao: Distribution should be on co-morbidities, health conditions...Don't you think such of those conditions should be considered by the Centre? (To Mr. Gupta)

Justice Rao: How can we straightaway say that the Centre should not have changed its policy? How can we pin down the government to the old policy? (To Ms. Arora on having same policy as it had when the country was hit by small pox/polio)

Learned Amicus Jaideep Gupta, amongst other, raised issue of vaccination of vulnerable sections,

“One is vulnerable group between 18-45...like those who work in crematoriums…Then there are school teachers between 18-45, they are also vulnerable.”

Justice Bhat added that there are also care givers who are vulnerable, given to their work.

Learned Amicus Ms. Meenakshi Arora, submitted that there are no guidelines on Masks; “Present virus is much more contagious at it has mutated but till now we have not come on any standard of mask. We have no information on the nature of masks... 5 layered, 3 layered or N95…We have a large population who does not have mask…Need is to identify and provide free distribution of quality masks.”

Learned SGI at outset submitted that considering the manufacture and import, Centre is confident to inoculate maximum eligible population by the end of this year;

“As per our estimate, we expect the entire eligible population to get vaccinated by the end of this year.”

On the remark by the bench that Centre has compelled the States to compete with each other, Learned SGI said,

“It would be wrong to say that the States are competing with each other. There is no competition. It’s not about one State paying more and getting more.”

“The oxygen task force which was constituted… their draft report is ready, but it will have to be finalized by the task force”, added the SGI on the developments since the last date of hearing.

Case Title: In Re: Distribution of Essential Supplies and Services During Pandemic | SMW No. 3 of 2021