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Delhi High Court today lashed out at Arvind Kejriwal Government’s mishandling of the Covid19 crisis in the capital.

Court continued hearing on mismanagement of facilities, including oxygen shortage and black-marketing of essential drugs in the State capital.

A Division Bench of Justice Vipin Sanghi and Justice Rekha Palli, while hearing the matter today, issued contempt notice against the refillers absent, and sternly said, “Mr Mehra you will have to bring your house in order. If you cannot do this, please tell us. We will ask the officials of central government to take over.”

Observations and directions;

1. We are surprised that the order issued by GNCTD does not take into consideration all the suppliers, let alone sufficient amount of oxygen to be supplied to hospitals and other individuals.
2. Deployment of officials to check black-marketing of Oxygen cylinders; “It is evident that Mr Seth is selling the cylinders in Black Markets. We direct GNCTD to take over the said unit & deploy their employees.”
3. GNCTD has to pull up its socks to not only look into the aspect of supply of oxygen to larger hospitals but also of oxygen cylinders supplied to smaller hospitals. Even after supplying tons and tons of oxygen, no account is being maintained; this is what is leading to an artificial shortage on one hand and black marketing on the other hand.
4. An online portal should be created which should indicate the correct position with regards to the position of remdesivir. The information should be indicated in real time to maintain transparency.
5. GNCTD to take records of remdesivir and all essential drugs from the pharmacies and to conduct random audit to check the account of the pharmacies.
6. On order dated 25.04.2021; “Such circulars should not be issued which are meaningless & would create issues for hospitals.”
7. GNCTD to file a report on all the deaths that have been taken place in hospitals/ nursing homes on account of shortage of oxygen. The time & reasons should also be indicated in a tabular form.

The bench, through Justice Sanghi added, “Our confidence is being shaken in the manner everything is handled. You are administrators and you should know how to exercise your powers. In today's situation, none can take public for a ride. We have never stopped you from exercising your powers… Mr Tushar Mehta said what is being projected is not true. We were not believing in them. We are shocked by the situation today.”

Appearances were made by Counsel for Maharaja Agarsen Hospital, Shanti Mukund Hospital & Venkateshwar Hospital.

GNCTD was represented by Adv. Mehra and Adv. Satyakam.

Learned SGI, Mr. Mehta appeared for the Union.

Chief Secretary, Delhi Government, apprised the Court about State Government’s decision on supply and procurement of Oxygen.

During the course of hearing, Justice Sanghi made following prominent remarks;

“You cannot achieve anything with this paperwork if you keep on passing these orders sitting at your office. You are only compounding the problem.”

This cylinder business is a complete mess. They are being sold in black market for Rs 100000; Take action on this behalf (to the Chief Secretary)

The impression that we’re getting is, that it is only a very small fraction of people who need Remdesivir. Firstly your order saying that remdesivir would not be available to one who’s being treated at home, is ABSOLUTELY incorrect.

You don't have beds. If there would have been ample beds, then we could accept this. But if you’re not letting people at home being treated with remdesivir, that's like taking lives.

(With respect to an order passed by the Delhi Government mandating Hospital to attend patient) You are unnecessarily putting obligations on the hospitals. Can you say that doctors and nurses right now are having coffee? On what basis have you passed this order? What is the position? There has to be some basis for passing an order by the Government.”

In an exchange with Counsel for GNCTD, Mr. Mehra;

Justice Sanghi: The system has failed.

Adv. Mehra: We can devise a new system.

Justice Sanghi: We don't know about the new system, but your system has failed

Adv. Malvika Trivedi appeared; submitted that there is a major issue of black marketing of these cylinders and further highlighted the need to have one common platform/portal giving leads on requirements of patients undergoing COVID treatment; “There should be a portal where all the information should be available so that everyone is aware. Because of this lapse, the black marketing is thriving. There are 7 suggestions we have made in the application.”

It was further submitted by the learned counsel that Delhi Police should be made party to the present petition as individuals are being stopped at the border in case they are procuring oxygen from outside Delhi; “The police is saying that the cylinders should go to the hospitals.”

With respect to the meeting conducted yesterday, Senior Adv. Tushar Rao, submitted, “There are 5/6 vendors who are major vendors so far as cylinders are concerned. If the chunk of these could be filled, then the small hospitals could definitely help a major chunk of people. If we could find a system to ensure continuity of oxygen to the smaller hospitals because the poor people can approach these hospitals only.”

Adv. Alok Aggarwal: Hospitals today are running out of basic medicines and the GNCTD should address this issue. If we’ll run out of oxygen & medicine, then what would the hospitals do?

Senior Adv. Maninder Singh (for Shanti Mukund Hospital) submitted that after the meeting yesterday, oxygen supply has been reduced for the hospital; further added that the suppliers have refused to provide oxygen; “The oxygen allocation in our hospital has been reduced. Earlier we were being supplied 4 MT and now we are being supplied almost 2 MT oxygen. We cannot have babu’s directing us how much oxygen should be provided to the patients.”

Chief Secretary enumerated the points of consensus in the meeting held yesterday;

 “We’ll allocate oxygen for the next 3 days on the basis of the oxygen supplied by them. We have kept a provision that if any hospital will have grievance in the aspect of allocation of oxygen, we will appoint an official for the same to address their queries”, said the Chief Secretary

Justice Sanghi: Till you come out with that order, what is the position? Has that been disrupted?

Repeated submissions were made on the inability of the Delhi Government to build an effective communication channel and respond as per the need of hospitals.

Adv. Singh: 2.69 MT oxygen has been allocated and Lindee has been refusing to supply oxygen. We have been messaging the government since yesterday. They are only receiving messages and not replying.

Adv. Mehra: I apologise on behalf of the govt.

Adv Sacchin Puri (for Venkateshwar Hospital): We are running out of oxygen. We have contacted the Nodal Officer. No-one is answering our calls.

Justice Sanghi: Mr Mehra, this has been a constant complaint.

Adv. Mehra: Why is everyone reaching these two (Udit Prakash and Mr Vidhuri) and not other designated officers?

Justice Sanghi: What happened to your other officers? What is the point of creating the entire infrastructure when they have to come to Mr Mehra and Mr Satyakam?

Justice Sanghi enquires if re-fillers were a part of the meeting or not.

Adv. Mehra: Everyone was present except the re-fillers.

Justice Sanghi: Mr Mehra if in case these people are not falling in line, you better take action.

Adv. Mehra: The problem is that if we’ll take action against them, how will they help us?

Justice Sanghi: Take over the plant & put them into custody.

Manoj Yadav for Seth Suppliers (Oxygen): I have been asking the officials everyday as to whom do I need to supply 16MT of oxygen. The officials says that he can supply oxygen to any hospital.

Adv. Alok Aggarwal: This means that the suppliers are even not aware as to whom they should supply.

Justice Sanghi to Mr Mehra: This man is receiving 20MT of oxygen every day and you are still crying of shortage of oxygen.

Manoj Yadav further submitted that the GNCTD officials are not giving him any guidance as to whom oxygen is to be supplied.

Learned SGI, Mr. Mehta: GNCTD has tried to procure tankers from Bangkok and have requested the Central Government to provide aircrafts for such purpose. We have agreed but the same is subject to 2 caveats;

1. We request the GNCTD to provide us the bill of lading;

2. The aircrafts would be given on priority basis as the same are right now being used for procurement of other supplies.