2021 (4) TMI 1058 - HC - Indian Laws

Court directives on COVID-19 crisis management and resource allocation

RAKESH MALHOTRA Versus GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF INDIA AND ORS.

RAKESH MALHOTRA Versus GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF INDIA AND ORS. - TMI Issues Involved:1. Incorrect recording of counsel appearance.2. Availability of COVID beds.3. Availability of medical oxygen.4. Ramping up of testing facilities.5. Shortage and distribution of critical medicines.6. Wastage of vaccines.Issue-wise Detailed Analysis:1. Incorrect Recording of Counsel Appearance:At the outset, it was pointed out that the appearance of Mr. Rahul Mehra, learned senior counsel representing the GNCTD and Mr. Satyakam, ASC, was not correctly recorded in the previous order dated 19.04.2021. The correct position was acknowledged and recorded.2. Availability of COVID Beds:The Central Government filed an affidavit detailing the availability of COVID beds, including the establishment of a 500 ICU bedded DRDO COVID Care Hospital in Delhi Cantt. It was noted that 250 ICU beds had been operationalized with another 250 to be operationalized by 22.04.2021. Additionally, the Central Government provided 763 ventilators to GNCTD and allocated more beds in its hospitals and facilities for COVID patients. The court directed the Central Government to urgently look into the aspect of bed allocation for COVID patients and report on the next date of hearing.3. Availability of Medical Oxygen:The situation regarding medical oxygen was described as alarming, with a dramatic drop in availability in hospitals. The Department for Promotion of Industries and Internal Trade (DPIIT) was looking into diverting oxygen from industrial use for medical use, with an allocation of 378 MT per day for Delhi. However, there was a significant shortage, with the requirement stated to be 700 MT per day. The court directed the Central Government to implement the diversion of oxygen supplies from industrial use to medical use immediately and issued a Notice of Contempt to M/s INOX for noncompliance with the previous order.4. Ramping Up of Testing Facilities:The court addressed the need to ramp up testing facilities for COVID-19 through RT-PCR tests. It was noted that the equipment for setting up RT-PCR test labs was being dealt with routinely at Customs Ports, causing delays. The court directed the Central Government to prioritize the clearance of such medical equipment and for the ICMR to expedite the clearance process for setting up or expanding RT-PCR labs. The court also directed a review of the form required for uploading test results to reduce the burden on testing agencies.5. Shortage and Distribution of Critical Medicines:The court highlighted the shortage of critical medicines, including Remdesivir, and directed the Central Government to dynamically review its distribution based on the need. The court also noted the need to ramp up the production of other essential drugs and encouraged the Central Government to use its powers under the Patents Act to ensure adequate supply. The court emphasized the urgency of addressing the issue of hoarding and black marketing of critical medicines.6. Wastage of Vaccines:The court took note of the wastage of vaccines and suggested that the government devise ways to utilize residual doses to avoid wastage. The court recommended modifying the mobile COVIN application to register volunteers who could take the leftover doses and directed the government to report on this aspect urgently.Conclusion:The court issued several directives to address the critical issues of COVID bed availability, medical oxygen supply, testing facilities, and the shortage and distribution of critical medicines. It emphasized the need for immediate action and efficient utilization of resources to mitigate the impact of the COVID-19 pandemic. The next hearing was scheduled for 22.04.2021.