Delhi High Court begins hearing pleas concerning #Covid19 and oxygen shortage in the national capital.

Hearing before Justices Vipin Sanghi and Rekha Palli.

#OxygenShortage

@CMODelhi @MoHFW_INDIA
There's nothing much that can be done that this stage. Probelm appears availability of oxygen: Amicus in the matter, Senior Adv Rajshekar Rao on national allocation order

What is the status of the 2 plants were to be made operationalised. And what about other plants: Rao
Large chunk of Delhi population is seeking recourse to hospitals in neighbouring areas : Rao

It's happening both ways : Court
One of the grievances Mr Mehta is that .. Delhi has better facilities.. so lot of population from neighbouring states are coming and occupying beds. We can't refuse but that's a fact: Court
Court asks if hospitalisation in Noida, Greater Noida is after showing Aadhaar (to show place of residence).

My impression was there was a similar restriction in Gujarat but it was dispensed with : Solicitor General Tushar Mehta
SG Tushar Mehta says govt should look into it.
Senior Adv Rahul Mehra makes submissions on behalf of Delhi Govt, reads the order passed yesterday.
There were certain suggestions to go. They should have been put in writing and placed before the Court.. and then the response from the govt in Sealed cover. We must respect the Amicus: Mehra
It's a beautiful way to completely bypass this : Mehra
Court asked my officers to put it in writing and give to writing to Centre on how it could be reallocated.. we must go on scientific data and fix the allocation.. we are placed on the dock when Centre has failed miserably: Mehra
490MT is not what we asked for. No document placed before Court.. rather than skirting away everything. Personal statement is made everytime. Court is stopped from passing order. Some responsibility must be fixed on Centre. All are paper orders : Mehra

#OxygenShortage
Oxygen has to come and it has to be delivered. I'm urging please do not allow them to shift the goalpost..what has Centre done in last 8 days expect giving sermons.. article 21 is affected every single day: Mehra

#Oxygen
There is completely apathy for citizens of Delhi. Court will now have to pass an order.. no more of this should continue: Mehra
SG Mehta tries to intervene.

I will not stop. I'm not going to stop today..: Mehra

I don't know why you're instructed.. don't be hysterical: SG Mehta

Let him complete: Court to SG Mehta

#OxygenShortage
We can't be mute spectators only because they are central government. Centre is being very unfair : Mehra
Mehra shares data on position of beds availability in Delhi.
Mehra shares info on oxygen required for beds as per Central Government formula.
For non ICU, 304 MT is required. It doesn't include smaller beds : Mehra
We are augmenting 15k beds in the next one week. We would require another 280MT. Total oxygen requirement is 704 MT oxygen: Mehra
It doens't include ICU beds..based on formula.. current beds are 4866. we have started process. We will add another ..1200 will be there by May 10... Total oxygen requirement is 976 MT oxygen: Mehra
We should be getting 976MT. This is not as per Delhi govt requirement. These are figures before Court. How will I service this bed capacity if my allocation remains at 490MT: Mehra

#OxygenShortage
Court will have to deal with the constraints, says Mehra

#OxygenShortage
If court would now direct them to provide us for 1K MTm otherwise we will just keep adding paper orders.. the bed will not have the only life saving drug for COVID, oxygen: Mehra

#OxygenShortage
To say it is the only thing is not correct: Court

It is critical..there is no rhetoric in it. I've placed what we want to do. We can't.. we are helpless as a non oxygen producing State: Mehra
Mehra says figures should come from Centre on oxygen generation pan India, even if in sealed cover.

What is India's capacity today.. what is the existing allocation to all States together: Mehra

#Oxygen
If we have the excess capacity, what has Delhi asked for.. : Mehra says excess oxygen should be shared.
We have come up to 431 MT without distrubing allocation plans. We have tried to solve a problem.. third figure is that what is it that each State has asked and why they not being given that on paper in spite of excess capacity: Mehra

#Oxygen
We have to rise as Indians..it is the biggest challenge we have ever faced. I'm sorry if I've raised my pitch.. : Mehra
8 PSA plants were to be operational. All permissions stand given for four pending plants. PWD had given approval. Then 2 vendors.. one said that I want to make changes. Thereafter, we again gave approval: Mehra
The persons who were installing were diverted to other States.. today everyone needs an oxygen plant: Mehra

#Oxygen
Central govt has allocated 8 more plants out of PM cares.. we're getting from Germany. Everybody who wants to donate, is donating for oxygen plants : Mehra
Mehra reads certain documents/communication pertaining to PSA oxygen plants.
2 PSA plants are operational, 2 more will be operational by 30th and for 4, installation is pending, Court is informed.
We said if you could send oxygen from Modinagar to Delhi and Rourkela can be given to MP. There's so much data.. there are other States...there is limited stock: Rao
Centre is filing affidavit before Surpreme Court. We need 1k as per Mehra. MP seems to be getting a little extra. Micro managing may be difficult.. three problems are there. Availability, supply.. : Rao

#Oxygen
Court says it was told that there was a huge stock of oxygen.
Problem was logistics.. best way was Railways. Empty ones were airlifted. Bottleneck is cryogenic tankers: Court
Centre is monitoring on real time basis. But it clear that Delhi has surplus demand and is not getting even close to what is demanded.. is there a way to augment the oxygen plants : Rao
There are various organisations in civil society that are willing to set up plants.. if CDR resource can also be diverted.. : Rao
CSR*
Other aspect is.. there are other resources. Testing is an issue. In real numbers, some people only need basic care. Do we have oxygen concentrators. It would reduce burden from oxygen: Rao
Centre is importing oxygen concentrators but it has a 90 day window : Rao
Real problem is absolute lack of information. A lot has been done but can that we done in a single portal. : Rao
Rao suggests breaking information district wise.
Just to streamline the process.. certain compliances were directed : Rao
We'll do that.. let's hear what he (SG Tushar Mehta) has to say: Court
You may have cylinders but at the end of the day, if there's no oxygen.. : Rao
This is a reminder to myself that we are passing through a crisis. Any reaction that might get debating points would create panic : Tushar Mehta
No resource is limited. We are aware of the pandemic.. supply of oxygen we have augmented from whichever source possible and we are able to cater to the numbers today..: Tushar Mehta
Allotment has three steps. To Me, Delhi citizen is as dear as Kerala. They did demand 700. Actual quantity coming is 340-370 MT. That as per our assessment is sufficient: Tushar

That may not be correct. That we can't accept: Court
You have to look into what the Amicus is saying about MP: Court
We know about Delhi because we are getting so many calls.. : Court
If we get ourselves get carried away because are known people are dying .. : Tushar Mehta

We are conscious of that. We are not saying let people of other States die : Court
On part of Delhi govt, they are unable to lift as much is alloted. We are helping.. it is central govt helping people of Delhi. 90% time is spent on fire fighting Delhi. Every state has been trying to solve their problem: Tushar Mehta
Today we had a huge issue in Punjab. We could not ignore.. in a matter of few days.. whatever max supply is available, they lift: Tushar Mehta
With numbers increasing, why are we stuck at (current number): Court
Nobody is sticking to 480. It is dynamic. It is unprecedented time : Tushar Mehta

Not saying centre is not working: Court

Let there not be a panic..: Tushar Mehta
Panic is not because that I say or what justice palli says. Panic is on ground: Justice Sanghi

System is working. It is a dynamic situation. Court may consider trusting the system: Tushar Mehta
Piyush Goyal from Central Government says 4 tankers were given to Delhi and changed allocation from Kalinga nagar to Jamshedpur for Delhi.
Piyush Goyal further apprises the Court of the developments on supply.

My most of the time is spent on hand holding Delhi : Goyal
Their officers are working very very hard.. : Goyal
Issues are coming up despite our best. Inox supply chain was disrupted. Situation is very hard and Delhi officers are working.. since Sunday, management was improved: Goyal
Court informs about the projections made by Delhi.

People are suffering but hospitals are not taking patients.. we've already had loss of lives in Delhi due to oxygen. You may have to look at.. it has fallen on you to resolve it : Court
So long as you are able to service what is your Delhi: Court

MP is getting more than what is demanded? Is there a reason?: SG Tushar Mehta to Goyal

25% extra: Justice Palli

There must be a reason: Tushar Mehta
What is the position about Maharashtra?: Court

1500 and given 1661: Rao

I urge court to not go into pan India : Tushar Mehta
We are not saying don't give them. Give them double.. : Court

Point is on 20th also, projected demand for Delhi was 700. You gave 480. It doesn't appear to be falling in line : Court
We've been trying to arrange for stock. 31 MT is our allocation. Over the last 48 hours, we are given less than 30 MT. All night we are chasing after tankers. We can augment beds, but we don't have oxygen: Max Hospital
I can't get only 20-25% of my allocation.. out of 31, we can't get only 12 : Max Hospital
This is a matter Mr Mehra will have to answer later. Mr Goyal, why is Delhi out if line with MP and Maharashtra: Court

MP has more population.. Mr Goyal, you cut from MP and give it to Delhi..it would be at the lives of some in MP but let it be: Tushar Mehta
Don't project it like this. We don't appreciate. Let's not get emotional about it. These are facts and figures. You have to meet this head on. You can't duck it : Court

#Oxygen
Mr Goyal will answer this : Tushar Mehta

Goyal says Sumita Dabra will know about this.
Senior Adv G Tushar Rao says it should come how much oxygen will be produced by the PSA plants.

Court says it would be a small amount.
They would provide some relief and comfort: Court

Some figures should come. If there would be excess in the hospital (having the plant): Senior Adv Tushar Rao
Tushar Mehta says Nipun Vinayak will join in place of Ms Dabra.
Mehra places data on allocation of oxygen to other States.

Everyone is getting within a range of 2-3% of what they projected. Please look at Delhi. I leave it at that : Mehra
We are trying to rationalise. I would want to file an affidavit on why MP is getting more if at all : Tushar Mehta
I'll ask officers to prepare whatever factual aspect is: Tushar Mehta

We'll give you a day. If you have a justification for leaving Delhi at 480-490 ..or you can say that you would make amends: Court
Charts are being prepared daily. Latest allotment is 25th. They've put as if Delhi demand is 470 when demand is 700: Rao

Mr Rajshekhar Rao, let me put it on affidavit: Tushar Mehta
Rao says it could be an error of transplant.
Court agrees that officers are doing everything they can.

Everybody is trying to make a difference: Rao
Every govt is trying their best.. officers are less competent, more competent everywhere. Kitty is being rationalised: Tushar Mehta
Let us record this first: Court
Court dictates order, records submissions till now.
Court records submission made by Rahul Mehra.
SG Mehta interjects, says it's not his submission.

We said Mehra not Mehta: Court

Oh I heard Mehta..the difference is because of one letter: Tushar Mehta

That little difference has made a huge difference: Court

We are deceptively similar: Tushar Mehta
Court continues to record submissions by Mehra.
The grievance of Mr Mehra is the allocation of 480-490 MT is far less than requirement: Court records.

Is it required to record all this : Tushar Mehta

We want you to respond to all this : Court

We don't have to create panic: Tushar Mehta
It is there on record.. we are inclined to record it : Court

Alright: Tushar Mehta
Court records submissions made by Rao.

There are instances where allocation was higher than demand.. : Court records

There are states where demand was more and supply was less : Tushar Mehta
Would it be justified to compare other States: Tushar Mehta

We are on pattern. That's alright : Court

Court records instances of Maharashtra and MP.
Mehra shares data on state allocation.

The Court may not go into all India allocation: Tushar Mehta
Only state which was left out was Delhi : Mehra
Tushar Mehta asks court to look at Gujarat allocation.

Mehra says even Gujarat was given closer to what it demanded.

Tushar Mehta says matter may become political.

We don't want to...: Court
Court continues the dictation.

We have been shown the projected demands of other States and allocation. We find that in most cases, the allotment is either equal to or.. : Court

Let me check the figure. Don't allow them to make it adverserial: Tushar Mehta
This is your chart. We are giving you a day : Court

Court may say this is if submissions and Mehta will respond: SG Tushar Mehta

That's what we are saying: Court
Don't say and we find.. say "it is further argued*.. Mr Mehta wishes to take instructions and file a response . Mr Mehra says figures are picked from 20th allocation order : Court
We make it clear that by no means are we interested in securing for Delhi oxygen more than what is required and that too at the cost of any State or UT. However, if submissions of Mehra and Amicus are accepted, it would appear that centre needs to explain this aspect: Court
It goes without saying, that the aforesaid reflect the arguments advanced. Our findings would be based on centre's affidavit and arguments advanced before us : Court
Tushar Mehta says all India augmentation would be filed before Surpreme Court.
Rao raises concerns of supply to Delhi in terms of logistics.

Delhi doens't have the capacity to lift even 480 today.. This matter took a wrong turn because of hysterical arguments today : Tushar Mehta
We regard to PSA plants in hospitals, position is that 2 are functional and 2 would be by tomorrow. In respect of remaining 4, Mr Mehra submits that there were certain amendments by vendor of Centre ...: Court
The changes have been carried out and communicated. Centre should expedite the installation of PSA plants at the earliest: Court
Court records Senior Adv Tushar Rao's submission of UP govt requisitioning certain equipment from DRDO for production of oxygen.

Mr Mehra, do you have instructions? : Court
Mr Malhotra adds that the equipment On Board Oxygen generation system produces 1k L oxygen per min: Court
We direct GNCTD to take steps in this regard and raise similar request as raised by UP: Court
We hope ans expect that all concerned would respond favourably looking at the need of oxygen in Delhi : Court
Tushar Mehta takes Court's leave.

There are some matters before Single judge. Single judge is doing a phenomenal job. There could be some duplicity: Mehra

I would join Mr Mehra. I would say explicitly.. there is bound to be some confusion: Tushar Mehta
They are exactly the same issues: Mehra
That matter pertained to remdesivir and.. : Court

It's going to all issues.. I can place some paragraphs: Mehra
Court may say Chief Justice may decide if there's some overlapping: Mehta

Some directions of Single Judge are subject to orders passed here. I would also urge that matter be taken up by the same Bench : Rao
Matter is listed for 2:30 today: Anuj Aggarwal

Court goes through the two orders by Single Judge.
Overlapping is unavoidable: Tushar Mehta

There are aspect of nodal officers, TPAs, RT PCR tests: Rao

They are also here : ASG Chetan Sharma
Adv Alok Aggarwal says matter pertaining to Maharaja Agrasen Hospital is coming up for hearing.

You inform the judge that it is pending and joint request be made: Court

Request was made : Stayakam
Today Chief is not sitting so I'll exercise that power and call the petitions here : Justice Sanghi
Court records submissions on this aspect.

Having considered the order, it is directed that said Petitions be placed before this court today itself and be clubbed (along with other Petitions): Court
Court discusses the issue of portal being developed by NIC.
Adv Anuj Aggarwal says an OTP would be generated for patients once hospitals get the stock of remdesivir.

This is taking care of patients in hospitals.. : Court

This is in that spirit only : Anuj Aggarwal
There's no data of utilisation of remdesivir stock: Senior Adv Malvika Trivedi
Despite some order, still attendants are being made to hunt for the medicine.. : Trivedi
Nobody knows form where still to get this medicine. Fakes are in the market: Trivedi

Therefore they are developing the portal: Court
General public still doens't know how to get.. problem for general public is still not getting corrected by the portal : Trivedi
Trivedi raises issues of oxygen for home use.
If Delhi govt can advertise that from Mohalla clinics people can.. it could be an opening. People will know .. : Tushar Rao
It is govt. There can't be black market of medicine: Tushar Rao
So far as medicines is concerned, we'll concentrate after lunch: Court

You tell us about portal. What is the purpose: Court
Ideally people should be having all info.. right now there is complete lack of info. I think the worry is that if you open for all, the demand is so huge..we will never be able to mismatch of demand and supply: Mehra
Portal has to translate into actuality: Tushar Rao
There doesn't seem to be some back up document to say why it should only be given to hospitalised : Mehra
Language is not that it can't be given at home. It's says it has to be given in clinical supervision: Court
We'll take it after lunch: Court
Court asks ASG Chetan Sharma to clarify what is clinical environment.
We'll take this issue and pass orders.
Anil Grover for State of Haryana makes submissions.

Allocation is made from Panipat which comes to Seth Air. 35MT is for daily. 21 is for Haryana refilling. That should not be distributed: Grover
We'll sort it out outside the Court : Mehra
What about the 7 pm meeting? : Court

Mr Gupta wasn't able to join. The officer spoke to him on phone to take his submission: Mehra
We are looking for 10k cylinders. We're trying to import: Mehra

Court says 200 have been seized by Police from black market.
Mehra says cases have been registered in relation to the concerns raised by the Amicus yesterday.
You need to take it to DC so that cylinders and medicines are released : Court

That has been done: Stayakam
I have requested DCP that seized medicines are kept in proper refrigeration.. cylinders can be released in favour of hospitals: Kanwal Jeet Arora
So many vials are required for remdesivir. Application were dismissed on the ground by Magistrate that jurisdiction was with Dy Commisioner. That order may be passed by the Court : Arora
Seizures are made from black market or consumers? : Court

Black market: Arora
Don't deny oxygen and medicine to the concerned person: Court

Court records submissions by Arora.
We are informed that 279 vials of remdesivir have been seized: Court
Since power to release lies with DC, we direct DC to pass orders for release of oxygen and medicines are soon as they are seized: Court
Whenever such seizures are made of medicines for COVID, the IO should immediately inform the DC and proceed to ascertain the genuineness of the medicines: Court
We direct Delhi police to not seize from any patient or attendent. Goes without saying that Delhi Police would be bound to investigate with the assistance rendered by public at large : Court
Goes without saying that while releasing, photos are taken so that case goes on : Court
A hospital mentions that oxygen is not being provided to it because its name is not in the list.

You contact Mr Stayakam: Court
Delhi Police has made barricading. But they should not block hospitals.. they should either be removed or manned: Adv Aditya N Prasad

Court asks Delhi govt counsel to look into it.
Let's meet at 2:45 pm : Court
Court breaks for lunch.
Delhi High Court Bench assembles.

#DelhiHighCourt

#oxygen #COVID19
Vikshit Arora says there is some clarification sought before Chandigarh High Court with respect to supply for oxygen by Seth Air to Haryana hospital as per allocation.
38 MT is for Delhi and Haryana is 21MT: Justice Rekha Palli reads the application.
State of Haryana has moved the application seeking clarification with respect to taking over of Seth Air in Palwal: Court
We make it clear that the direction to take over supervision of Seth Air by officers of GNCTD would not adversely effect the supply of oxygen to Haryana in terms of the allocation. Application disposed of : Court

#Oxygen
Court hears other matters.

Senior Adv Sanjoy Ghose argues for a Petitoner seeking a "coordination mechanism" for judicial officers to get treatment, beds.

#COVID19
We don't want our judges to become martyrs to #COVID19 : Ghose

Ghose highlights that some have succumbed to death and over 60 judicial officers are infected.
Ghose suggests converting dispensaries in residential complexes of judicial officers and even court complexes as COVID Care Centre for judicial officers and thier families.

#COVID19
Court issues notice in the plea to Central Government and Delhi government.
The Petitoner is a practicing Advocate.
Court records that two judicial officers succumbed to #COVID19.
Mr Tripathi states that Delhi govt is willing to provide assistance to deal with the situation.

Let each of the D&S judges coordinate to address the medical concerns of judicial officers and their families: Court
Court says that District & Sessions Judges along with District Magistrate may earmark certain place for setting up COVID centre.
Pvt hospital may be attached: Counsel

No. We are not saying this. It is for them ..(to consider): Court

List for reporting on May 6: Court
We've been getting calls on point of home care: Amicus Rajshekhar Rao.

There's shortage. Refilling is not taking place. Hospitals are getting priority: Rao
We need to know the mechanism for home care patients: Trivedi
We've discussed. Haven't been able to finalised: Mehra
We have within existing system to allow.. that was case in the past. Now every hospital is attached to refillers and no flexibility is there: Mehra
What has happened is now there is zero flexibility with refiller left.. there are two ways to deal with it.. one we have it within the system with two separate lines or exists : Mehra
We can also say that at district level.. , we could have in DM offices start this facility there. But there will be logistical issues : Mehra
There is a 28th letter.. from DDMA. You can look into that : Trivedi
There are retail shops. Who have to supply to individuals. Only the system has to run : Trivedi
Allocation matches with hospital requirement. You have to first get the oxygen (to meet additional demands by individuals) : Court
We today have allocated entire 490. We are left with none. If we could somehow get 15-29 MT immediately. We can think about centres to facilitate for citizens: Mehra
Otherwise from hospitals kitty we will have to divert. There are also standalone clinics and they are in 1000s: Mehra
This is now a genuine concern: Mehra

Private ambulances are also not getting oxygen to ferry critical patients: Adv Sachin Puri
All of them have been left out. We were also focusing on hospitals.. : Mehra
Mehra argues that more oxygen has to come to meet these demands.

Court points out that there are PSA oxygen plants.

Since that capacity will be added, may be you can use those : Court
Mehra asks Stayakam to get data on how many can be filled in a day.

State govt is trying to get ore fabricated oxygen plants from Germany: Mehra
Even if more oxygen comes, hospitals would want more..some mechanism has to be made for individuals: Trivedi

Court says let Mr Mehra come back.
Senior Adv Geeta Luthra says there's lack of ventilators, concentrators etc.

Ultimately, at the back of my mind..(we were thinking) when dictating the last order, alright where is the infrastructure doing to come : Court
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