During national crisis Supreme Court cannot be a mute spectator: Suo motu hearing on Covid-19 issues [LIVE UPDATES]

A Supreme Court Bench of Justices DY Chandrachud, L Nageswara Rao and Ravindra Bhat is hearing the Suo Motu case registered to examine COVID-19 issues such as the supply of essential drugs, manner of vaccination, and lockdown. Earlier, the Bench was headed by former CJI SA Bobde..Live updates of the hearing today feature here. .Justice Chandrachud: can we keep it in a day or two so that we peruse the reply.Solicitor General Tushar Mehta: The reply has been filed today. Your Lordships will not have it. Court had indicated that it is a fight for the nation that is the spirit of the reply. if we succeed nation succeeds. It is not a time for political bickering..Justice Chandrachud: It is necessary to clarify that object of this proceeding is not to supplant High Court proceeding and Article 226 extends not only to fundamental rights alone..SG: Kerala and Tamil Nadu have been praised as oxygen demand has gone down. It is not about AAP or BJP or any other party..Justice Chandrachud: High court are in a better position to look into this. Supreme Court has to intervene too because there may be national or systemic issues. At time of national crisis Supreme Court cannot be mute spectator..Justice Chandrachud: We are not preventing the High Court from exercising their power under 226, we intend to play a complimentary role and help in issues they are not able to look into..Solicitor General: Centre would never oppose any constitutional court whether it be High Court or Supreme Court. We are not questioning anyone jurisdiction. You have to examine steps taken by us. There are certain issues of perception. This from early 2020 and how nobody anticipated second wave.SG: We should all be proud that this issue is being looked into by the Prime Minister Narendra Modi and all political parties are coordinating across party lines. Jurisdiction of High Court or Supreme Court is not in question, we are only laying down steps taken in war footing.Justice Chandrachud: Since the Amicus Senior Advocate Harish Salve is discharged we will appoint two senior officers from our board. This is just to get variety of views on board.Justice Bhat: Regarding pricing on vaccination different manufacturers is quoting in different prices. There are powers under Section 6 of Patents act. This is a pandemic and a national crisis. If this is not there then please put all of this before hearing..Justice Bhat: We need to know about the use in central resources of paramilitary forces who have paramedics and army facilities and army doctors and railways, these are common facilities that can be made available for quarantine, vaccination or beds.Senior Advocate Vikas Singh for West Bengal: For 73 years vaccine price for centre and states have been the same. First time its a differential price for centre and state. As far as oxygen is concerned centre can decide but a task force can have state chief secretaries.Singhvi: under the national plan 125 MT oxygen comes from Bhiwadi and Rajasthan..Senior Advocate Abhishek Manu Singhvi for Rajasthan: I agree that for interstate issues Supreme Court is the platform. Indian figures yesterday was 1.29 lakhs active cases but our projection say May 9 oxygen demand will double..Singhvi: Our dire need is that projection is at a galloping rate where oxygen demand will double by May 9. Inox runs the Bhiwadi plant and they made a misleading statement before Delhi High Court.Justice Chandrachud: not every patient of COVID needs Oxygen. You have come to an average.Singhvi: Order by High Court was passed by hearing Inox and Mr Mehta. If some clarification is not given then the Delhi High Court order comes into effect.Abhishek Manu Singhvi: Inox stated that they were bringing tankers to Delhi and Rajasthan stopped them. Delhi High Court said it hopes such an act is not done. But it is not being considered that 23 tankers is too less for Rajasthan.Justice Bhat: We can write a 1 line order and you can go to them (HC) as we speak.Justice Chandrachud: What did Delhi High Court say?.Singhvi: High Court is not hearing states. I don't want this order to cause more harm to the national cause..Justice Chandrachud: Why should we enter this micromanagement now? Go back to High Court and clarify factual position. if you want to appeal then please.SG Mehta: That is how the allocation is done. Then state arranges transportation. We are also running express trains to transport these oxygen tanks.SG Mehta: I was appearing and Mr Rahul Mehra for Delhi govt. The question was non-availability of oxygen in Delhi. Centre procures oxygen from all states and we need to know everyone's potential need..SG: Then we passed a detailed order under the Disaster Management Act where any such act was termed as criminal offence. Then such instances reduced. When Delhi issue was being heard Inox said 4 tankers were detained by Rajasthan.Solicitor General: Delhi was having difficulty in getting the tanks and thus Inox was called. There was panic initially which continues to exist. Now when Gujarat produces oxygen and it is to go to MP, there were reports that such tanks were being stopped by district authorities.SG: High court said if its true then not only it's illegal its violative of Centre order under DM Act. Justice Chandrachud: by the Rajasthan government itself? SG: Yes Justice Chandrachud: please explain your position to the High Court.Advocate Rahul Mehra: Delhi HC has passed over the matter. We have nothing against any state and Indians are first. Orders were not passed under our asking. Delhi High Court had in para 10 stated that if any issues it could be raised before the central government.SG: All states have stated to home minister that all oxygen tanks will be treated as ambulances and way will be created for them.Mehra: no coercive steps taken. There will be complete chaos in the country if this happens. Oxygen is critically needed and we are cooperating and all other states should also cooperate..Judges discuss with each other.Adv S Niranjan Reddy for Andhra Pradesh appears.Singhvi: Interestingly, I did not even mention Delhi Govt or Centre. The issue is INOX said tankers were detained. The order was uploaded to the Central Control Room. I will go to the Delhi High Court and approach this if need be.Reddy for AP: Oxygen is being distributed from AP to Maharashtra. We have no problem with this but logistical and other chains are being disturbed. If the centre can consider parcelling out states into smaller regions like from AP to Tamil Nadu and likewise with other states.SG: we have changed routes when oxygen comes from one state and the neighbouring state has a sudden surge. Ofcourse this can be considered..SG: Situation is ever evolving and nothing can be considered as caste in stone. we can change the route..Senior Adv Anand Grover: I appear for Jan Swasthya Abhiyan (Peoples health movement) and its about health care facilities.Justice Chandrachud: we will take this case day to day basis and not keep pending for long. but let us go through the affidavit by the Centre..Justice Chandrachud: Please file it and serve it upon the Solicitor.Grover: There are three drugs which are Remdesivir and two others. They are patented drugs that are expensive. Centre can pass a direction under Patents Act in spirit of what centre advocates in TRIPS council. Limited companies are manufacturing and there is shortage.Dave: state cannot deny me right to health on bureaucratic grounds. Lordships have to consider laying down uniform policy. If a covis patients wants to get admitted you cannot ask him to go to COWIN app etc.Senior Advocate Siddhartha Dave: I am appearing for a plea regarding conditions of the hospital entailing admissions for patients, gujarat wants patients to come in ambulance and some in others..SG Mehta: Concern is a genuine concern. Delhi and Gujarat High Court is seized off the case Justice Chandrachud: but he is saying that Centre must lay down uniform guidelines regarding admission to hospitals SG: Each state has its own policy Justice Chandrachud: national framework?.SG: yes, we have attached it in the affidavit Adv Yatin Oza: patients have died because hospitals denied admission since they did not come through the 108 ambulances. but High Court is seized off the matter.Advocate Sachin Patil: There are also patients who have all symptoms of covid but tested negative. Also needs to be looked into.Justice Chandrachud: Projected demand of oxygen now and future, augmented steps taken to ensure the same, place the monitoring mechanism before us to ensure supply to affected states. Share from the central pool for states, methodology .SG: please do not enter into this, it is being augmented.Justice Chandrachud: We have heard counsel appearing for Centre, interventions and other states. In order to enable the Centre and diverse states here an indication of further line of enquiry we tentatively highlight the following issues:Supply of Oxygen: centre to apprise us on the total availability fo the oxygen.Justice Chandrachud: Steps to be shown which are taken to ensure supply of drugs such as Remdisivir and others. Centre to apprise modality put in place for seamless communication between district collectors with Union and Ministry of health along with daily monitoring.Justice Chandrachud: Comprehensive panel of dcotors should be made available for citizen to know steps to taken during the pandemic. Centre to apprise us steps taken to form an identified panel of specialists which will be replicated at all state levels.Justice Chandrachud: Modality to be put in place to ensure that shortage and deficit would be looked into. Centre to clarify basis and rationale for pricing of vaccine..SG: Everyone who is assisting me in replies are COVID positive. They have to deal with day to day emergencies Justice Chandrachud: even a note or memo to us will be fine SG: we can file by Friday. Please have it next Moday.Senior Adv Vikas Singh: our members are dying by a dozen everyday. This should be heard day after Justice Chandrachud: Let us keep this on Friday afternoon. We expect that the matter be conducted in cooperation.Please don't use this platform to recriminate. Its an appeal from us

During national crisis Supreme Court cannot be a mute spectator: Suo motu hearing on Covid-19 issues [LIVE UPDATES]

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