May stop vote-counting process "then and there" if COVID-19 norms are breached: Madras High Court warns

The Madras High Court on Monday orally cautioned the concerned authorities that if any COVID-19 norms are found to have been flouted during the counting of the Tamil Nadu Legislative Assembly election votes, scheduled on May 2, the counting process itself may be halted by the Court then and there. .The Court today was also prompted remark that if the concerned authorities had properly planned in advance to tackle the second wave of COVID-19, the public would not have been hit by the tsunami of COVID-19 infections now..The oral observation came during the hearing in the suo motu case registered by the Court to monitor the government response in tackling the COVID-19 pandemic in Tamil Nadu and Puducherry. .“When it comes to life, there should be no VIP culture” Madras High Court while hearing suo motu case on COVID-19 management [LIVE UPDATES].Chief Justice Sanjib Banerjee commented that the crisis unfolding now would not have occurred had the decision-makers, the executive, political leaders and other stakeholders resorted to proper planning. ."You had all of last year to plan and take a decision. If it had been done, we would not be in this situation ... We were lulled into a false sense of security only to be hit by this tsunami of infection now," Justice Banerjee said. .The Bench, also comprising Justice Senthilkumar Ramamoorthy proceeded to pass an interim order, in which the following directions were issued:.Ensure COVID-19 protocol is maintained during vote-counting on May 2.Echoing earlier concerns, the Court told the authorities that it must ensure that there is no compromise on COVID-19 protocol when the Tamil Nadu Legislative Assembly election votes are counted on May 2. .The Chief Justice orally cautioned that the Court may even halt the counting if any violation of COVID-19 safety norms is found..“We have said that every measure should be taken but Election Commission was singularly lacking in controlling political parties in breaching COVID protocol. It has abdicated its responsibility in that regard...let people survive first, then their democratic rights can come ... we hope we made it clear to Election Commission, we are making it clear to State. If we find that even at the start of counting that there is something we do not like... we may stop the counting process then and there. It can happen in July or August or even in December. Public health is of paramount importance,” he remarked.."Election Commission should be put up on murder charges:" Madras High Court on ECI's failure to stop "abuse" of COVID norms in election rallies.The Court further suggested that both the Tamil Nadu and Puducherry governments may consider imposing a lockdown on May 1 (traditionally a holiday) and May 2 (which falls on a Sunday) so that there is no COVID-19 surge on account of counting. Such a decision should be communicated in advance, say by April 28, so that the public can plan accordingly, the Bench added. ."If necessary, the State may consider imposing lockdown on May 1 which was traditionally a holiday and on May 2, a Sunday and only allow movement of vehicles needed for the purpose of counting and emergency vehicles", reads the order..Prices of drugs, admission to hospitals, oxygen, vaccination should be monitored.In the course of the order, the Bench noted that several concerns were raised on black marketing of drugs, on the number of beds being far too few, and on the lack of information or knowledge regarding the availability of beds, drugs and doses of vaccines..At least one senior lawyer had intervened to suggest that Remdesivir was being sold at a price in excess of Rs 35,000, far beyond the enhanced price of Rs 1,400 that is being sold for now in the State. .The Court emphasised that prices of the drugs, what is charged for admission into private hospital, oxygen and vaccination should be monitored and controlled by the State government.In this regard, it also recorded the submission of the Health Secretary, Tamil Nadu Government that he has spoken to the Drugs Controllers under the State and the Union and that their offices are being activated for keeping a strict vigil against any black marketing of any drug during this period. .Regarding the black-marketing of Remdesivir, the State Health Secretary informed that the offices of the Central and State Drug Controllers have been required to conduct raids and keep a strict vigil so that there is no exploitation of ordinary citizens..In addition, the State also submitted that there is a central helpline at "104" for any complaint on the issue. The Bench proceeded to note that the citizens may be cynical in coming forward with such complaints. It also took note of the State's submission that some element of evidence and verification would be necessary before any action can be taken against perceived black marketing..Use media to disseminate information regarding COVID-19.Before parting with the matter for the day, the Court also added:."It is hoped the State and the Union Territory take measures to indicate basic norms not exceeding 8-10 bullet points that may be circulated over electronic media or published in print media seeking to guide citizens instead of panicking and rushing to hospitals.".Eschew VIP culture.Moreover, the Court also called on the government authorities to ensure that there is no partiality shown in the supply and distribution of resources to tackle the COVID-19 pandemic. ."It would also do well for the state and the Union Territory to completely eschew the VIP culture and ensure that facilities are available to citizens without considrationg of status or the like," the order said. .Earlier in the hearing, the Chief Justice had orally observed,"When it comes to life, there should be no VIP culture. It should be first come first serve. Everyone should be equal. There seems to be despair that it is on the basis of influence that beds are allotted.".Important submissions taken on record by Court.The Bench also took on record the following pertinent submissions made by various parties. In attendance on Monday was Advocate General Vijay Narayan for the Tamil Nadu Government, Government Pleader N Mala for the Puducherry Government, Additional Solicitor General R Sankaranarayanan for the Centre, Senior Advocates P Wilson, PS Raman and Sathish Parasaran and Advocates NGR Prasad and Sankar Shanmugam..Submissions made include:Though State has enough Oxygen, it does not want to divert supply to other States in order to make sure it has reserves if the COVID cases increase or in a worst-case scenario. The Centre has agreed to consider the concern raised.State has taken a tentative decision to allow the restarting of the Thoothukudi plant of Sterlite to manufacture oxygen.Remdesivir drug, which is in short supply in Tamil Nadu, is not meant for every day use, nor is it a cure for COVID, although it may reduce viral transmission. Tocilizumab 400 and Enoxaparin 40 are also used in the treatment of COVID 19 and there is a sufficient supply of such drugs in Government hospitals at leastSteps are being taken to augment the number of beds, oxygen beds in all urban centers such as Madurai, Coimbatore, Tiruchirappalli etc., and not just Chennai.Real-time information on the availability of beds will be made available on Government’s website: www.stopcorona.tn.gov.inMost COVID cases do not require hospitalisation. Panic sometimes prompts people to rush to hospitals. State has issued private hospitals norms on which admissions are to be prioritised, how Remdesivir and oxygen are to be supplied.A counter has been set up in Kilpauk, Chennai for the sale of Remdesivir at Rs 1,400 plus GST to those showing appropriate documentation i.e. a COVID-19 positive certification, screening certificate and screening of lungs.Submissions were also made for restarting vaccination production units at Chengalpet, Ooty and Coonoor so that Tamil Nadu can be self-sustainable in this aspect.Another submission made was to ensure mandatory COVID-19 testing at all points of entry into Tamil Nadu.Further, it was also submitted that wastage of vaccine may be arrested by making the remainder of a vial available to anyone above the age of 18 so there is no wastage of vaccine.59,000 vials of Remdesivir have been allocated for the State of Tamil Nadu and 30,000 for Puducherry, as per the Centre's affidavit. .[Read the Order]