The Delhi High Court is hearing petitions highlighting issues on COVID-19 management in the national capital.Live Updates from the Hearing:.Advocate Santosh Kumar Tripathi: There are more than 350 undertrials who were granted bail.. . There is no requirement of surety. They may be released on personal bond. HPC has decided to release on personal bond: Court .Nothing survives in these Petitions (concerning undertrials) : Court.Advocate Kanhaiya Singhal raises other issues. There are three referral hospitals which are now COVID hospitals. Personal suffering from non - COVID: Singhal Inmates are not being made to suffer. They are taken to other hospitals. AIIMS, RML : Court.This petition deserves costs : Tripathi You may have your reasons. But don't doubt the credentials of the petitioner : Court .Singhal raises issue of over crowding due to non-release of undertrials..We are not going to accept generalised statements.. it is for the detenue to go to court.. let's say there is an open and shut case of kidnapping. Will you release on bail? There are heinous crimes.. : Court.Every case will have to be examined. You can't put the society to this kind of risk. We don't agree with you : Court.It is open to them to apply for bail. There is no question for us to entertain this in a PIL.. they have to invoke the law and the decision be taken. There can't be general order like : Court.Irrespective of decision in cases, there is a category not considered by HPC. Those whose appeals are pending : Singhal.We have devised several categories.. : Court.HPC is for undertrials.. 12 categories have been carved. There are convicts who are being granted emergency parole.. but there are undertrials who have not granted bail : Singhal .The ground is not that you empty the jails... We dare say that the jails are now safer : Court.If you want to argue against the HPC, I'll send you to another bench. You go to Surpreme Court. You can't argue before us : Court Justice Vipin Sanghi chairs the HPC..It is not independence day that people are being released on the dictate of a tanashah. There is a rationale : Court.We can't hear HPC recommendations : Court.Senior Advocate Mohit Mathur: My Petition is different. Mine is UTRC. Undertrial review committee. If half sentence is undergone, bail to be granted... because of laxity on part of government, and COVID, UTRC has not convened..My case is on UTRC..HPC deals with 90 days for decongesting jails. Ours is on statutory.. : Mathur.436A allows release of prisoners if they have undergone half of the sentence. The issue was taken up by Surpreme Court: Mathur We'll tell them to.. why committee is not functioning : Court 370 people fall in the category: Mathur.We filed a status report : Advocate Sanjay Lao for Delhi government.We have given the list..lesser and higher offences for which they are inside : Lao.All persons may not be released.. in all offences where committee feels that have undergone, they are sent to ASJ. I'll check when it was last held. In a long time it has not taken place : Lao.You find out .. : Court.We'll say the committee should consider the cases : Court Lao seeks time to find out from officers. SC has said that if there are more than 1 offence, the lesser one is to be taken.. the fraction comes in : Mathur.The committee has to review the case : Mathur How do you put up a case before a committee if there is offence punishable by dead : Court The committee will review: Mathur.The committee will not sit over the offences..we don't agree with you. Those punishable will dead can't even be considered : Court.Mathur reads the supreme court order..The point is Supreme court is not saying you do away with 436A. It is saying that cases which are eligible to be considered.. cases punishable with dead are excluded.. : Court.We will clarify it : Court .Mathur continues to read the order..Senior Advocate Rahul Mehra: The Committees are there.. there are judgments saying they must meet and there should be quarterly reviews. They are chaired by District and Sessions Judge..Kawal Jeet Arora from DSLSA : They are taking place on weekly basis..Section 302 is excluded. They don't have to come to the Committee. We are going to say that. Say it is 307 or whatever, then Supreme Court has said that you will take lesser of the two : Court.We are regularly filing bail applications for those who become eligible: Arora Mr Mathur then what remains : Court.These have now been eclipsed by HPC .. if he is saying bails are being granted on regular basis, we may take it: Mathur.Arora says his statement can be taken on record to dispose of the petition..I've issued instructions to all secretaries.. to conduct weekly UTRC meetings : Arora.If there is any instance where UTRC is not being implemented, that person will go to the court.. these kinds of general petitions become a problem : Court.The inmates had informed. Then we filed the petition it wasn't: Mathur Court says a petition should have been filed with respect to a specific instance. Unfortunately, the people running the forum got the info and filed the petition: Mathur.Just take a common order in all Petitions: Court Court dictates order. The petitions deal with more or less same subject matter. We propose to dispose them of: Court.We find that prayers do not survive since the prisoners are being tested for COVID using RAT and RTPCR. The grievance that non COVID patients are being neglected is not correct : Court... we may observe that the petitions do not bring out any specific instances.. : Court.Advocate Singhal points out that there were specific instances in his Petition concerning non COVID patients in jail..Directions may come from court that care be given : Singhal.Mr Singhal has drawn our attention to one instance.. the trial court was informed that PFT which was required to be conducted on accused could not be conducted.. as it was not available in the dispensary or the attached Hospital which was converted into a COVID hospital: Court.The court granted interim bail: Singhal We always say you can't do it in abcd, you take him to another hospital: Court.I'm not asking for release.. everytime a person can't ask for release: Singhal.Court records the statement..It can never be that the accused would be left unattended. We agree with the submission that the accused can't be told that referral treatment is a 100% COVID hospital.. : Court.We direct State to ensure that whatever treatment is required be given to the accused by approaching another hospital: Court.Court records submissions of Mathur..Court records submissions of Arora..Mr Arora assures that all such UTRC meetings would be held: Court .He further informs that NALSA has scheduled a webinar to sensitise all to hold regular meetings.. : Court.Mr Mathur has placed reliance on SC judgment.. dated 24/4/2015.. submits that all cases including cases in which punishment of death is prescribed should be considered.. : Court.In our view, the submission is misplaced and constitutes wrong reading. While observing that it would be appropriate, if in a case of multiple offences review is to be conducted after half sentence of lesser.. : Court...offence,...the supreme court clearly excluded from consideration such cases.. : Court .We reject the submission. It is not for the Committee bro evaluate or appreciate the merit of the case.. that is preserve of the Court. All such cases which involve punishment of death can't be placed before the Committee and undertaking any review: Court.So far as the other relief are concerned, they stand addressed by the HPC meetings: Court.We dispose of the petitions : Court.Senior Advocate Dayan Krishnan : We have moved an application on behalf of judicial officers association. We need to say a few things. Facilities on the ground have been an eye wash. Some districts have attachment, some don't..We've indicated court wise are such that we cam isolate at home.. today we have 852 people who have tested positive. We know that the court is concerned.. we want to be be here to tell you that we are very concerned.. death of two senior judges and one young judge : Krishnan.Krishnan says the nodal officer system is not working. DJ says I only have Rohini and there are no beds. If there can be w centralised system.. and district wise attach centres to hospitals : Krishnan.Physical hearings have led to large number of infections.. we came to know that there is a committee. There must be some nodal officer to connect to the committee. Saket is attached to Max because RWA ks attached: Krishnan.Nobody is asking for any VIP treatment. Concern is that there should be some mechanism. Delhi govt efforts have been of now use on the ground : Krishnan.Krishnan presses for a nodal officer and attachment. We'll say your association will send a representation to the Committee.. justice Mukta Gupta is heading the Committee: Court.Krishnan: Fundamentally we need attachment. I'm not saying give us VIP treatment. If there are no beds, there are no beds. Some mechanism may be there.Advocate Shobha Gupta makes submissions, says Judicial officers pooled in 10k each to set up a facility for isolation..Gupta says confidence should be given to officers by giving them all facilities..Mehra : I'm not briefed.. this is a serious issue. COVID care centres are not a facility for moderate, critical patients.. a lot of things have happened. We are in slightly better position. This is a merry go round unless all are vaccinated..We are trying that we should be able to vaccinate the city.. the next wave from Singapore or wherever : Mehra There is no wave in Singapore : Court From wherever.. the second variant is from India only : Mehra.Mehra says he and Mr Stayakam would immediately take care of judicial officers falling in moderate to severe category..Today we are not in that situation but we can't be sure that we wouldn't see it again. We have to prepare for the worse : Court.Troubling you and Mr Satyakam is not tbe best. We have to have a system in place. We have to plan in case of a crisis, we are able to take care of it : Court.Least the State can do it that in case they (govt officers) fall ill, the State will take care. They have to have the comfort. Otherwise they will stop working. Similarly, judicial officers are working.. High Court situation is different: Court.A lot of judges out of necessity have to come to court or go to jail. To say they should not be prioritised or recognised as essential.. they say they don't want preferential treatment. But why not. Not because they are judges but because of the work: Court.I think time has come that the court declares that judicial officers.. be it HC, SC, or lowest.. each one should be declared as frontline person assisting in adminstration of justice.. : Mehra.The first that need to be vaccinated as those working as frontline and judicial officers, family and work staff. There is no point having the judicial officer is vaccinated and others are not : Mehra.We would like to undertake this activity.. we should not fall shy that they have to be declared as frontline workers. If certain no of vaccination camps.. if this can be brought in, third waves can be stopped. Vaccination is critical now : Mehra.Time has come to take it head on: Mehra Govt should apply its mind .. : Court Govt would be attributed reasons like last time: Mehra Last time the order had no rationale and projected like we asked for it : Court.We hold constitutional position. We are under different protocol. The same can't be said about district judiciary and their exposure is different. You should take steps for good reason. We don't have to thrust.. : Court We will do it : Mehra It is necessary: Court.Judicial officers should be declared. That's the way we look at it. We've already lost three. We don't know how they do the infection.. : Court In this disease, we can't be sure of the source: Mehra.Court says it is important for the mental peace of the judicial officers also..Today the situation is different. We can't ask State to create a seperate facility when beds are available: Court.There is no need to make a hospital, hotel with doctors.. and where will they get 50 more doctors from : Court.This issue has been addressed. The court decentralised everything : Tripathi.If these were addressed, we wouldn't be here before the court : Krishnan.We want that in a time of crisis.. it is not a fault finding exercise.. that we should eb entitled to some help. A planning can be done today : Krishnan.System has to be put in place now and not wait for crisis to arise : Court.Mehra says that a representation be placed before the Chief Secretary. Krishnan says a meeting be held with the CS..If adminstration is satisfied that judicial officers are discharging frontline duties, you cab record in your order and provide facilities: Court.Court records order. Issue notice: Court.This application is filed by Delhi Judicial Service Association: Court records submissions..Court asks Tripathi if Saket COVID care centre was established by Delhi govt or by judicial officers..This was set up eight days before Court order : Shobha Gupta Krishnan says we shouldn't get into it..Platform was created by the High Court. Every DM was working as Nodal officer: Tripathi Let's not get into this. That has not delivered. They are here because it didn't bring about any satisfactory results: Court.Very difficult for bureaucracy and political leaders to accept failure and inability. It is not in their veins, says Court..Advocate Vineet Malhotra : Even in days of COVID, accused persons are being personally made to appear before judicial officers in their residence. Lawyers also go there. They should be produced through VC. Court asks Malhotra to raise it seperately..We may note that there is a dispute as to whether COVID care facilities are available and to what extend. In any event, they are isolation centres and are not equipped to deal with moderate and severe cases : Court continues dictation..Mr Mehra has submitted that the association may submit their representation which shall be considered by the CS and an online meeting me convened.. : Court .Mr Mehra submits that State shall also consider if judicial officers.. who are exposed to risk on account of nature of duties.. can be declared as frontline workers : Court Let GNCTD address these issues and status report be filed: Court.Court allows Gupta to forward her suggestions through Satyakam. Next Wednesday: Court.Mr Dayan Krishnan may join: Mehra Let it be between officers: Court.Other petitions to be taken up in a while..Adv Tanveer Ahmed Mir mentions a matter. The relief sought in my petition.. to declare judicial officers as frontline workers came up before DB I. Yesterday I filed a CM for some urgent relief. Notice has been issued: Mir.We have asked them to consider. We have not passed any order : Court I was duty bound to say.. : Mir.Bench rises for lunch break. To assemble again at 2:45 pm. .Bench re-assembles. .Court continues to hear another non-covid matter. COVID-19 petitions to be taken up in a while. .Hearing on COVID-19 matters begin..Court asks how many persons implicated in hoarding FIRs are present. Amicus Rajshekhar Rao: I don't think everyone has been served. GNCTD did take effort to serve everyone last night..The court may keep it on some day. Issue of presenting themselves before this court.. : Satyakam.56 names are there. It's a new chart : Mehra 57 entries : Court.I'm in FIR 191/2021. State vs Sameer Malik : Advocate Amjad Khan Let's take as per list, Court says. Court calls out names from the list..Advocate Satyakam calls out names from the list..How many are present? : Court 4-5 : Satyakam.From FIR 116/2021, accused Vikrant, G.aurav Suri, Satish Sethi, Hitesh Kumar represented through counsel. It is the Crime Branch FIR pursuant to which Oxygen concentrators of Matrix Cellular were seized..Court notes other cases..They accept notice of contempt. Two weeks time granted to file reply: Court.Let fresh notice be issued to those who have not been served. Those who have been served belatedly should inform the amicus and they shall appear on the next date : Court.Court says copy of order dated May 2, 2021 be given to the contemnors. SHO shall supply copy of FIR : Court.This aspect will be taken on June 3..File updated list in the meantime: Court Mr Kirtiman Singh and Mr Amit Mahajan had to come with instructions on fixation of MRP: Counsel There have been developments. Tomorrow we'll be in the situation to make a statement definitely: Singh .Singh requests that the matter be taken up post lunch tomorrow. .There are importers who imported oxygen concentrators and they are now lying.. govt may take It.. There is no price fixed and everyone is hesitant to sell in open market because of all the FIRs: Vineet Malhotra There is no bar. Anyone can sell in a transparent manner: Court.Legitimate business activity has not been curtailed: Court.Court says it is not going to get into it..Advocate Rakesh Malhotra says there is shortage of a medicine used for treating black fungus. .Mehra says issue is part of amicus note. We have requisitioned from Centre. It is worse than condition of remdesivir. There is a committee which meets twice a day: Mehra .We don't have stock at all. We can't give buffer stock. We'll come back to the court. Meeting more often wouldn't serve purpose if there is no drug : Mehra Mehra says all states in India want the drug and Centre could also come back to court with instructions. .Malhotra takes the court through a Delhi govt order concerning requisition of drug for black fungus..What is the logic behind the restriction? : Court This is sensationalising : Mehra on Malhotra's submissions. .Mr Malhotra is wrong. We'll come back. Everything can't be said at the last minute.. Mr Malhotra has all the info : Mehra .We are here. We are not running away. Let UOI come back. They have taken over the supply. UOI is supplying like remdesivir. I want to place the requisitions. We've told that we require 90 vials for one patient: Mehra .What are the stocks held by you, what are your supplies and how are you distributing it : Court asks Mehra to respond tomorrow.You have to point out the bottleneck. How can it be suddenly in short supply when it is locally manufactured: Court.The issue is the medicine was not being prescribed in the numbers that is being prescribed now. Everyone has been caught unaware: Mehra Mehra says Centre should respond how it is allocating stock to Delhi..We'll take it tomorrow: Court.Court asks Malhotra to serve whatever he is filing. .Nobody anticipated how this would be hit by second wave : Court .We'll look at this tomorrow: Court Senior Adv Venugopal makes submissions. It's already 4:45. We'll take it tomorrow: Court.Venugopal asks for one minute. One minute of a senior advocate? : Court.Venugopal says status report had to come from UOI on distribution of aid (masks, ventilator etc)..Second aspect is the issue.. of spreading or COVID by doctors, nurses on account of working in hospitals and then being forced to go back home: Venugopal.Two categories are in addition, there are multitask workers in hospitals and police who need the same facility: Venugopal.We have told them that they need to be making hostels. These should be made available so that it doens't become super spreaders. 250 doctors have died.. most had been vaccinated twice: Venugopal.Venugopal says he also got infected after getting vaccinated. We need to make sure it doesn't spread through doctors, nurses.. Delhi govt is doing a great deal.. I'm told that most doctors in most districts are not getting places to stay : Venugopal .We've filed our status report.. the order is not on doctors. It includes nurses, paramedics and other support staff : Mehra.If there are others or are not getting implemented.. the facility is there to be put to use : Mehra .It has to be voluntary. People can't be forced to : Court.Transportation is the other aspect: Venugopal .We'll take it up tomorrow : Court.Hearing adjourned.
