Delhi HC issues notice in Delhi Govt's appeal against stay on direction to pvt hospitals to reserve 80% ICU beds for COVID-19 patients

The Delhi High Court today issued notice in Delhi Government's appeal against an order staying its direction to 33 private hospitals to reserve 80% ICU beds for COVID-19 patients. [GNCTD vs Association of Healthcare Providers (India)].While the Delhi Government pressed for a clarification to enable hospitals who are willing to comply with the direction to do so, a Division Bench of Chief Justice DN Patel and Justice Prateek Jalan said, ."We are hearing the matter on 9th (October). We will see.".Non-COVID patients cannot be expected to run around: Delhi HC stays direction to pvt hosps to reserve 80% ICU beds for COVID-19 patients.Opining that prima facie, the order was arbitrary, unreasonable and violative of Article 21 of the Constitution of India, a Single Judge Bench had stayed the Delhi Government's order on the reservation of 80% ICU beds for COVID-19 patients..The stay order was passed by the Single Judge in the petition preferred by Association of Healthcare Providers (India). .The Single Judge had stated that the order would result in denial of urgent care to seriously ill non-COVID patients. .In appeal before the Division Bench, the Delhi Government informed that the there was an extraordinary increase in COVID-19 cases in the national capital. .Additional Solicitor General Sanjay Jain argued, ."Every day is like playing a game of chess..When the game of chess in on, we have to take dynamic decisions.".ASG Jain further explained that the transition of COVID-19 patient from "moderately ill" to "severely ill" was seamless and thus urgent medical attention was needed..He submitted that there were enough ICU beds for non-COVID patients as only 33 out of 1170 private hospitals and nursing homes had been directed to reserve ICU beds for COVID patients. .ASG Jain contended that the petition before the Single Judge was merely based on apprehension as the Delhi Government's order did not take away the rights of any party. .While asking Delhi Government to come back with data on ICU beds for both COVID and non-COVID patients, the Court directed the Association to file its response to the appeal. .The Court did not pass any interim order in the appeal. .The matter would be heard next on October 9. .Additional Standing Counsel Sanjoy Ghose appeared with ASG Jain.