[COVID-19] "Put your house in order:" Delhi High Court tells AAP government - LIVE UPDATES

A Division Bench of the Delhi High Court is hearing the case pertaining to the rise of COVID cases in the NCR Region and the mismanagement thereof. The Bench has taken up issues like oxygen supply, availability of beds and medication, vaccination, etc..Live updates from the hearing today feature here. .It is listed today. As of now I have no instructions: ASG Chetan Sharma.Any orders passed by the Supreme Court: Court.It will be taken up once item 301 is over : Counsel .There is no one who is able to tell us there are people supposed to go if we can't admit them. We are full. They can't keep on occupying emergency area.. I can't kill a person because I've to admit another patient : Aggarwal.Maharaja Agrasen Hospital, adv Alok Aggarwal: We have ICU beds and emergency beds. We don't charge emergency patients for oxygen. There is a notice to Hospitals saying we have to attend to all emergency patients within 10 mins and give them oxygen and medicines.. Yes, it did. Mr Mehra is appearing before Supreme Court: Advocate Satyakam urges Court to take up the matter a little later..I will take instructions: Satyakam.You think you have discharged your duty with this kind of order? This is nothing more than a paper exercise and satisfying your own conscience: Court.All issues are inseparable. Order says treat them for 10-15 mins.. : Satyakam .You may take action against a particular hospital (for lapse).. you don't seem to take into account oxygen: Court.Please take instructions. There seems to be some disconnect.. and as if you're living in a different world, out if sync. How hospitals are dealing with it. Why do you pass these orders: Court to Delhi Government.Provide it to us so that we can provide to them : Aggarwal.Don't be unreasonable. You can't win this wat by issuing (such directions) sitting in your office.. you are only compounding your problems: Court to Delhi Government.Please retrace your steps : Court.If it (Supreme Court) is over, we will take it up at 12:30 : Court.Yesterday, cylinder vendors didn't attend the meeting.. Smaller onces are dependent on cylinders.. if the chunk of cylinders could be filled, smaller hospitals could cater to large number of people: Senior Adv G Tushar Rao for a hospital..If govt can supply more, my hospital can put 10 more ICU beds.. if we can maintain continuity, we would help a large number.. smaller hospitals are also standing with people for refilling of cylinders: Rao.We've understood. This is another aspect we will deal with : Court.I'm in special bench. If the court can pardon my absence: SG Tushar Mehta Court says it will await outcome of Supreme Court..There are some compliances on part of Centre: ASG Sharma.We have also filed a detailed affidavit: Senior Advocate Rahul Mehra for Delhi Government.Senior Advocate Maninder Singh for Shanti Mukund hospital: Our allocation oxygen has been reduced. We are without oxygen..Chief Secretary could place the facts of the meeting.. where are we headed. We have tried to accommodate almost everybody: Mehra.Let us first deal with this : Court.My allocation is 3.2MT. demand is 4MT. They allocated 2.69 MT. Inox is gone. It is Linde. We have no allocation order : Singh for Shanti Mukund.How much oxygen is to be given to a patient can't be decided by the babu sitting in office : Singh.You have to procure it and with some certainty : Singh Centre has issued order on usage of oxygen: Court.They say this is the usage of ICU and non ICU. They have a formula. That yardstick is adopted by the Delhi govt : Court.We will come to quantity later but who is my supplier and when will it reach: Singh.We are not at all adversarial to what Mr Singh is saying. To tide over this issue, we spent 2 hours : Mehra.Chief Secretary Delhi (CS) : More than 130 participants were there...it went in a cordial manner. We must ensure that existing contractual agreements should be honoured. We said yes.. we will ensure those are taken care of..We want to ensure that hospitals have certainty. We requested all suppliers that now that they know how much tankers they have.. you should give us daily, for next three days how much will be your arrival in Delhi. We will then allocate quota for three days : CS.By today evening, we are going to issue order based on data from hospital. Quota is yet to be finalised. Order is going to come. in case hospitals still have grievances, we would be open to change: CS.In the meantime, what is the position today? : Court.Position is not disrupted: CS.Singh says Delhi government had his writ petition for the last 3 days. They are not sending the oxygen. You need not wait for order to send one communication to Linde to send oxygen to Shanti Mukund: Singh.If my friend wants some brownie points..: Mehra. We are not here for brownie points.. we are here to save lives: Singh.Nobody's entire requirements are being met.. we will meet their requirements: Mehra as asks counsel for the hospital to get in touch.Linde has point blank refused to give oxygen cylinder: Singh Have it (2.69) delivered right away : Court I'll report to my lord in half an hour. I can apologize : Mehra You apologize today. I hope you don't apologize tomorrow: Singh.I would urge CS to place the order on supplier first : Singh We are not going to supervise. You have to issue and then place it before us : Court.The intension was never that we need to seek order of the court. CS is aware...we wanted to draft and pass the order last night but due to lack of.. : Mehra .You have (the data) now.. you pass it right now. We hope in the meantime, the supplies are not stopped : Court.It is very clear: Mehra.To tell Mr Singh, supply of 1 ton is on the way. 1.4 ton was sent yesterday : Aseem Chaturvedi for Inox .Uncertainty must go: Singh.What would have been happening if your lordships were not intervening: Singh.We crossed 400 barrier yesterday.. it was 407.96: Mehra.There is a jump of 102 MT. It's substantial jump. With all the tankers at disposal, the situation would not deteriorate. : Mehra .Mehra says there are 13 additional tankers at disposal and 18 more are to be imported..Venkateswara Hospital is to run out of oxygen. Nodal officer is not answering his call : Advocate Sachin Puri .This is constant complain. Which means there is truth in it : Court.Why is everyone going to Mr Bhiduri : Mehra .Have you given contacts of other officers, Court asks .I'll take instructions. Why are these calls not going there (to others) : Mehra.What is the point of creating infrastructure when they have to come here : Court.Now you know about Venkateshwara: Court Mehra says he will facilitate..We were informed cylinder vendors did not attend the meeting: Court One representative was there. There are 10-14 of them. We repeatedly asked : Mehra.Are they present here? : Court.In case these people are not falling in line.. you better take action: Court .If we take action in these times..: Mehra .You take over the plant. Take these people in custody. You have all the power..these cylinders are being sold in black market for lakhs of rupees: Court.Let your officers be there : Court .Mehra says action will be taken by evening. .SG Tushar Mehta points out the power of govt under Disaster Management Act..We were not supposed to act because they were to be present here : Mehra .Were they informed by you? : Court .I'll take instructions: Mehra.What about individuals who want to get their cylinders filled? : Court .They are the same centres. Across India there are no cylinders now..: Mehra.If they can just put one officer.. if they are able to fill hospital cylinders..it may become smoother: Rao.This cylinder buisness is complete mess and you have to put your house in order. People have to buy it in black for lakhs: Court to CS.Let them see what we are going to do. We are going to direct you to take over the plant and run it.. : Court to CS.We have told them that they need to join the proceedings: CS.Senior Advocate Malvika Trivedi for intervenor mentions her application on shortage of medicines and oxygen. .There has to be a mechanism for individuals because the black market is causing this problem. If police is also impleaded in the matter : Trivedi.Mehra says that two of this friends who are willing to supply oxygen but are sacred that they would be prevented by the local police there. .One friend's factory has been taken over by Rajasthan, says Mehra.We can't advise them what to do.. you can take it to the war room: Court .We have written to the war room: Mehra .How can we direct those officers (in Punjab and Haryana) to release the cylinders : Court.Mehra says if SG Mehta can use his good offices..Aggarwal again raises the issue of emergency patients and the oxygen usage for them is not being accounted for..We cannot take more patients in after the Delhi govt order. We don't have medicines. These will lead to more legal medical issues later: Aggarwal.I want to read the entire order : Mehra.Aggarwal shows the April 25 notice in question..I want to tell what is the intent behind it : Mehra.The order directs hospitals to attend patients in triage area within 10 mins..In case of non availability it medical facility, pateint should be referred to other hospital, says order.This kind of notice will lead to legal issues later on : Aggarwal Are you govt hospitals following this ?: Court I'll file it on affidavit. Is someone come to you in emergency..: Mehra.The culture of issuing order which are not called for ..and tomorrow just to tell people if passed these order.. is that the objective..: Court.A patient must be attended to immediately: Mehra .Generally to issue such orders in not called for. Doors of the hospitals are open. This proceeds on assumption that hospital are not going their jobs : Court.Court may take judicial notice.. : Mehra Of what: Court The intent is not that someone wants to take action : Mehra.It's like saying everyone has to pay GST. Of course one has to : Court Mehra says patients are being denied treatment. It is just an advisory: Mehra.We are not serving any useful purpose. We are unnecessarily putting pressure of hospitals.. you think doctors, nurses are sitting idle.. is that the position according to you? What was the occassion to issue? : Court.Patients were not being attended to. They were complaining about it : Mehra.It is a mere advisory to that extent. It should be taken in that spirit: Mehta.Aggarwal shares pictures of his emergency room. Two people are in one bed. There are people everywhere. How will we do it : Aggarwal.The intent was to sensitise the hospital : Principal Secretary Health, Delhi government.These are exceptional circumstances. We also had feedback from patients. Entire hospital system.. the promptitude was not there..the order was issued in this spirit: Secretary.This is a continuum of other orders on clinical refinement. The rise is steep. Scale has overwhelmed the health system. : Secretary..This appears to be .. only as a window dress only to satisfy the patient. You don't see the other side. Your own hospitals are not achieving this. Are any of them able to to this? : Court.You are not able to deal with numbers. Nobody is able to. If there is an instance, by all means issue a communication to the hospital. This order assumes that hospitals are deliberately failing to achieve this : Court.This was not the intent: Secretary..My hospital has been allocated 2 MT. For seven years we have been getting oxygen. From 22-27th, we got zero oxygen in cylinders : Aggarwal.On 23rd why that order was passed.. we have been constantly asking this question from refillers. We have been wanting an audit but they are not willing to : Mehra.Satyakam informs that refillers can't join. Court asks non essential people to exit the meeting..Rakesh Malhotra raises issues of Remdesivir..Let Remdesivir be given as per allocation like oxygen: Malhotra.Malhotra says there's a circular saying that Remdesivir is to be given only to admitted patients. .This itself is arbitrary. What will happen to those being treated at home: Singh.Even after the order patients' families are made to go to get it. We have suggested a centralised portal. Beds, oxygen supply, medicine problem can be solved : Trivedi.All this can be dealt with.. 100 calls a day. Each one of us are dealing with it when the govt should be dealing with it : Trivedi.Because of this lapse black market is thriving today. It is the biggest problem: Trivedi.Malhotra says a patient needs 6 vials but there's no certainty on whether one would get..An Advocate mentions that his family member is not being able to get treatment in Maharaja Agrasen. .We have kept him in Emergency. We don't have ICU beds. We are doing all that we can : Aggarwal.If hospitals run out of oxygen next, we are in for a big trouble: Aggarwal.Court asks Mehra if there can be a centralised portal. .We have to see if the supply line is there: Mehra .What is the supply chain. There are manufacturer and distributors. Who should know .. what is the supply being made per day. That transperancy should be maintained and reflected: Court .Remdesivir is somewhat similar to oxygen. .If it's not there, it's not reaching: Mehra.It is only a very small fraction which needs Remdesivir.. your order says you won't give it to anybody being treated at home .. is wrong. You are taking somebody's life : Court.Today you don't have a bed for a rich man or a poor man. How can you say you won't get Remdesivir because you don't have a bed : Court.Nobody is saying you have to take it on your own. Why are you supposing that people will take it on their own. People are taking online prescription: Court.It is only logical what is falling from court : Mehra .There is definite hoarding going on : Court .Hoarding is going .on.. I will place how many raids . it's not as if my drug control officers are sitting: Mehra.All of this is happening.. we have taken over shops and supply chains. There are unlawful infiltrators from other States: Mehra.There are not enough remdesivir: Mehra.If hospital pharmacies can give a list of how much have they been supplied... automatically hoarding and black marketing will come out : Trivedi.We are going to ask you to direct all hosp pharmacies to give information on Remdesivir and other drugs ..to whom have they given..you appoint your accounting officers: Court .Nobody has contacted. It has been an hour : Venkateswara Hospital.Nodal officers are alive to the situation. We are living by 1-2 hour of SoS: Mehra.We have 250 patients that's why I'm mentioning: Puri .By the time hearing ends, the supply will be there: Mehra .Mehra takes the Court through Delhi govt status report..Mehra takes the Court through the steps taken by Delhi govt in relation to remdesivir supply..You are getting details of all patients? : Court . Yes : Mehra Mehra says there is a format in which details has to be come and patient has to be in hospital: MehraProbably if it was free market, there won't be shortage. Your system has not helped: Court.I'll take instructions on why we are not allowing people at home to take remdesivir: Mehra.How is anyone able to procure large quantities. Are these not licensed? : Court.Malhotra points out that such medicines were being offered by a certain person..Delhi Heart and Lung Institute approaches Court highlighting oxygen shortage The Nodal officer is not being able to help, says Adv Ajay Kohli It's a matter of 2-3 hours : Kohli.One of the cylinder dealers is here: Mehra.We are issuing contempt notice. Mr Mehra you proceed to take action. Take over the plant. You have ample power. Make sure these plants are run : Court .Multan Air has joined. I have provided three tankers to Delhi oxygen team. I have started to give data after being informed yesterday: Multan Are you aware of black marketting? Is this a good human gesture: Court.This is not the time to... don't become vultures: Court.There's always a queue of 400-500 people.. it's very hard to maintain.. you should give protection to us :Multan Air.Mehra says authorities are trying to maintain separate passage in these places for transport. .There should be a way to know whom I've to supply. If there's always an SoS.. how can u provide. It's really difficult. It's a pressurized situation: Multan Director.When you enlisted these.. are there only 6 cylinder suppliers? : Court .There are a number of them: Rao.We are trying to come up with a mechanism. This is ad hoc.. all of this is being catered to. It has not come up on the govt and govt was never in this business. The lesser the govt intervention, better it will work: Mehra.Mehra says a system is being put in place to give advance plan of supply to hospitals..We know where you go. We are getting none. Person who has to supply also knows : Aggarwal.Court points out that the supplier to Agrasen is not listed in Delhi govt order. .Maybe he is black marketing everything: Court .Obviously there is something that is a problem. This gentleman has to be punished: Aggarwal for Agrasen.My supplier is also the same : Puri for Venkateswara Hospital.My oxygen stock is going to end at 6 : Shanti Mukund.Seth Air is the supplier to Agrasen and Venkateswara. .Why is Seth Air not in office order: Court .Seth Air is not a regular cylinder supplier: Stayakam That's not an excuse: Court.Seth is unable to join : Multan Air (Archit Arora) He should be able to join now. Now there are 190 participants: Court.Should one stick to the SoS or regular supply? : Multan Air That's something that you've to work out ...: Court as it points out that there was a meeting with CS yesterday.Another hospital joins, says there is remdesivir, oxygen shortage. We have joined the attention of various authorities. We are in great trouble: Advocate This is a mess. You have not been able to resolve : Court .We can only address the problem when we understand the issue: Mehra as he says Delhi govt doens't have data You are in the chair. You are running the govt: Court.The moment you get a complaint, you should have posted a person at the plant : Court .Mr Udit Rai is here.. : Mehra .All I'm hearing is Mr Udit Rai..he can't be superhuman: Court .Black marketing is all over social media. If you want to, you can end it in one day : Singh.My 2MT is daily. My 1MT is going to end at 6.. I should know in advance. We are in liquid form : Singh.We said he is looking into it : Court.Your concern has been taken note of : Court.Court may take action against cylinder re-fillers: Aggarwal.Seth Air joins.. I was given the order for 4 hospitals. I'm supplying to 80 hospitals: Seth.I've spoken to Mr Udit Rai. They are not asking me to be not supply to others. They're saying give little to all.. I don't have letter for Shanti Mukund and Agrasen : Seth.I get 15 MT for base. They give some and I'm catering to many others. Hospitals are sending SoS calls. They say you have to manage : Seth .I have a 3.5 ton daily order : Venkateswara .Mr Mehra, it seems you are doing distribution of lolipop. He has the supply but doesn't know whom to supply: Court.There is a major problem at your end, Mr Mehra: Court.Udit Rai form Delhi govt is online. .We don't tell suppliers whom to give. We have never told Seth to not give to any hospital: Rai.He tells me every morning that he needs 30 ton. Everytime we have told him that he has to honour his commitment with hospitals: Rai .But you are not bothered about the hospitals and public not getting oxygen: Court.Venkateswara knows he has to supply. He has oxygen. Why is he not supplying? : Puri .I'm sending time and again. I'm asking everyday that you give me the list : Seth.Let us immediately pass an order on oxygen supply: Court.We are not talking about liquid right now : Court.SG Mehta: Delhi govt has tried to procure tankers from Bangkok. And requested Centre for planes.. yes, we will provide. Right now these aircrafts are continuously being used to it would be as per priority and Delhi govt should give us the bill of lading..Take it at your own level : Court.This short order relates to supply of oxygen in cylinders.. Six refillers were enlisted in GNCTD office order. Four of them were enlisted as suppliers to any hospital. Two were for GNCTD hospitals: Court .I'll ask my officers to streamline: Mehra.We have taken note of the fact that supply of oxygen in cylinders was not taking place to Hospitals or persons. We had directed the six refillers to remain present in court. They were also required to be present in the meeeting by CS: Court.Despite our direction, only Multan Air has appeared before us after he was called.. we issue notice of contempt (to those not present): Court .There is one major supplier Seth Air. Another supplier is Vinayak.. we are surprised that the GNCTD order does not take into consideration all the gas refillers in Delhi : Court... it transpires that substantial quantity is supplied to gas refillers but there is no mechanism to monitor further supply from these refillers: Court.Court records the submissions made by the hospitals on non supply of oxygen from Seth Air to them..He has shared with us the allocation order for the hospital as per which Seth has to supply 2MT per day or 200 cylinders per day. Not a single has been supplied since April 22: Court.I'm speaking to their engineer everyday who said that it may be given to others: Seth Air He's lying. I can give it on affidavit: Aggarwal Court berates Seth. His patients are dying why would he ask you give oxygen to some one else. I'll put you in custody: Court.We find this stand by Seth to be completely false and unbelievable. Mr Aggarwal denies this claim. It is evident that Seth is diverting the supplies and probably selling in black market: Court .Court directs Delhi Govt to forthwith take control over the Seth unit along with the employees. Court directs Seth to not obstruct. Venkateswara has a similar story to tell. Seth has supplied only 2.4 MT and Seth is not in the position to supply: High Court.No oxygen was supplied to them in the last 24 hours : Court records. Seth says supply was made last night. Court records Seth's claims were denied by Mr Udit Raj. Let this be an example. we want this unit to be taken over by tomorrow: Court.Mehra says there is a portal where these refillers are supposed to fill details. .There is no please. Now there is a direction: Court.Court notes the case of Maha Durga Charitable Hospital as well with respect to lack of supply from Seth Air..Seth appears to be a rather big supplier. He holds 20MT and he's not part of your order? There appears to be something fishy: Court Mehra says he would look into it. There's definitely something wrong : Court.Seth would be supplied further 16MT during the course of the day. Why Seth and Vinayak Gases have not been enlisted by GNCTD has to given given in affidavit by tomorrow: Court.Court directs supply of oxygen by refillers. Else action would be taken in law : Court.Mr Seth, if you dont' start complying with the order, we will take you into custody: Court Even if one person dies, we'll hang you with them : Court These 16MT get consumed by 4 hospitals.. whom should I give? : Seth.We're taking over your unit. People are dying and you are making profits: Court .It's not true. His officer is not telling me how much to send to whom : Seth.Mr Mehra, you set you house in order. If you can't manage, tell us. We will ask Central govt to take over (the refiling unit): Court.By today evening, an order would be issued to honour existing contracts to the extent possible : Court records the submissions made by CS. .Mr Mehra, you set you house in order. If you can't manage, tell us. We will ask Central govt to take over: Court.Let the order be passed at the earliest and implemented forthwith: Court.It is clear to us that GNCTD has to pull up its socks with respect to distribution of not only liquid oxygen but also oxygen cylinders : Court .In case the refiller does not provide the data to the GNCTD portal, strict action would be taken against them by the GNCTD and us : Court.The other aspect before us us with regard to drugs such as Remdesivir and Dexamethasone which are required for COVID treatment: Court .Mehra says orders can be passed for supply to those taking "Medicare" from Hospitals. .A buyer will not black market, it has to be in the supply chain, says Court .It is suggested by Ms Trivedi and we find merit that an online portal should be created.. position should be updated in real time so that aspect of availability is known to all and transperancy is maintained: Court.We direct GNCTD to take record from all pharmacies on supply of Remdesivir, Dexamethasone and Fabiflu and other drugs and conduct random audit to find out if there has been any black marketing: Court.Court takes note of the GNCTD order on hospitals attending to emergency patients. .We have time and again communicated to Mr Mehra that such circulars are of now avail and action may be taken against erring hospitals, says Court.We have not got a clear answer if the GNCTD hospitals are following the order. We are aware that they (are not being able to)..such circulars should be be issued. They are meaningless and may lead to legal problems at a later stage: Court.Mehta urges court to say advisories/circular..Mehra also raises concerns with respect to Court saying GNCTD must pull up its socks. .You completely shut your eyes to him as if he's non existence: Court.Court says oxygen be supplied from Seth to Shanti Mukund. .Mehra assures oxygen will reach. .If lives are lost, we'll haul up your officers today.. Mr Mehta said that situation was not what we were seeing. we were not believing it then: Court.If they have to take supplies only for black marketing, you stop their supplies: Court .Mehra says action will be taken now that contempt notice is issued. .If they don't fall in line, we'll take action: Court.We are not getting the allocation 6MT oxygen. Today we have not received anything: Batra Hospital .Supply to larger hospitals who are treating patients: Court .Our confidence is shaken. Put your house in order : Court .Mehra says even Delhi govt is doing it for tbe first time. .You are an administrator.. you should know your powers: Court .How can we take action against something that is before this Court : Mehra .This is not an answer: Court.GNCTD will inform on affidavit the stock held by re-fillers at 10 am tomorrow: Court.If the portal can also take care of testing slots : Advocate Ankur Mahindro .Tomorrow: Court .Dr S Bankata from Batra Hospital: I visited Inox factory and I was not that they are not in position to supply 6 MT. They said they had ten more clients to cater to. I have no other supplier.. .Court directs GNCTD to supply oxygen to Hospitals from the refillers..Refillers are having a field day and hospitals are being denied oxygen: Court .Court directs GNCTD to file an affidavit on the deaths that took place on account of shortage of oxygen..Time of death and reason be given in tabulated form. We have to compensate these persons. It is the responsibility of the State: Court.Mr Mehra, we have taken suo motu cognizance.. we read in press today.. about this Ashoka Hotel : Court.This is very misleading. High Court has not made any request in this regard: Court.You file your response: Court .We have not made any such request that you set it up at this hotel or that hotel. Purpose of the meeting was that the judiciary specially subordinate courts.. we've already lost to two judicial officers: Court.All that we wanted was in case they need hospitalisation, that facility should be given. It has translated into this order : Court .You are passing orders left right and centre without meaning to do anything about it.. we have not even asked for it. That hospital has no manpower, no equipment, no ventilator, no medicines : Court .What are you trying to convey: Court .What is the protection? That ...it is to benefit ourselves or that you have done to appease us : Court.What media will twist and turn.. there are 25 more hotels attached to the hospital: Mehra .You say at request at the High Court .. our request is not that. Media is playing a mischievous role : Mehra .Your order says that : Court.Can we as an institution say that you create a facility for us.. such and such beds for us. Would it not be patently discriminatory? : Court .Media's projections.. : Mehra .Media is not wrong.. order is wrong : Court .If Supreme Court facility comes and media will say it is for lawyers.. media will say.. : Mehra .This kind if reporting undermines the Bar as well : Senior Advocate Sachin Dutta.We have already passed an order..Mr Mehra take note of that : Court .Court issues notice in the suo motu matter...Mr Tripathi accepts notice and will take corrective steps: Court. We will withdraw it. Forthwith: Advocate Santosh Tripathi for Delhi govt .It's unthinkable.. we as an institution would take preference when people are dying on the road? : Court.Hearing adjourned.

[COVID-19] "Put your house in order:" Delhi High Court tells AAP government - LIVE UPDATES

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