[COVID-19] Delhi High Court seeks response from Centre, Delhi govt in plea to declare oxygen concentrator as essential commodity

The Delhi High Court today issued notice in a petition to declare medical equipment such as oxygen concentrators as an essential commodity under the Essential Commodities Act. (Manisha Chauhan vs GNTCD & ors).Response from Central and Delhi government was sought by a Division Bench of Justices Vipin Sanghi and Rekha Palli. .The petitioner before Court was Manisha Chauhan who asserted that since the medical equipment have not been included as essential commodities, hoarders and black marketers would not be brought to justice. .Advocate Sanjeev Sagar referred to instances were oxygen cylinders were being sold for upto Rs 1 lakh and an oxygen concentrator worth Rs 15-16,000 was sold for Rs 50-60,000. ."All such persons who are indulging in the acts of profiteering cannot be spared therefore they have to be dealt with by an iron hand by awarding severest punishment. The act of the accused persons involved in this conspiracy amongst humanity is not only criminal but it is also immoral and deprecable as they are in fact depriving the patients their access to treatment for Covid," the petition argued. .The petitioner prayed that a fast-track special court should be set up for dealing exclusively with cases of black marketing and hoarding of medical equipment and medicines for the treatment of COVID-19. .A submission was also made by advocate Praveen K Sharma that the Central government should not permit individuals to import oxygen concentrators..In response, Central government counsel, advocate Amit Mahajan, stated the private importers were coming into the market in view of the duty exemptions granted by the authorities. "Price has be looked into. We are trying if something can be done..There are so many importers. To regulate at this stage.. there are too many things. People are getting them in couriers," he said. .The suggestion to keep a check on private importers was not taken well by the Court as well. "These are not very easy issues.. some amount of market forces will play up.. if these kinds of regulations come, it would discourage (importers).. once there is competition, prices will come down unless there is a cartel," the Court explained. .Additional Solicitor General Chetan Sharma stated that National Pharmaceutical Pricing Authority (NPPA) has fixed prices of medical devices notified as drugs.."It's not that there is no regime in place.. but there is room for improvement. With the Amicus, we will sort it out," ASG Sharma stated. .Amicus Curiae Senior Advocate Rajashekar Rao stated that the a "formula" for price fixation should be arrived by the government of India to control overpricing and profiteering. .He also stated that the authorities must advise importers against importing oxygen concentrators that are not effective such as those with lesser litre capacity..Read the full account of the hearing here:.[COVID 19] Delhi High Court issues notice in plea to declare oxygen concentrator, medical equipment as essential commodity [LIVE UPDATES]