“Not saying ‘Government is doing nothing’, but it is not satisfactory:” Gujarat High Court on COVID-19 care in the State [LIVE UPDATES]

The Gujarat High Court is hearing a suo motu case on COVID-19 care in the State of Gujarat. Live updates from the hearing today feature here.

. Senior Advocate Percy Kavina begins his submissions.

- Insistence of admitting only via 108

- this is stonewalling

- Remdesivir is not available. If 100 is asked, 4 or 5 are available.

- Availability of Ambulance

. Senior Advocate Percy Kavina - Surat is on 4 hour oxygen timeline.

. "In the time this hearing will take, 5-6 persons may die."

. "The day for a 1.5 hour hearing is yesterday. Today my lords have to focus on - admission by 108 will cause".

. "Central Government Shambhala Oxygen is what is said in the 1 para response."

. - Senior Advocate Percy Kavina

. Senior Advocate Kavina: "Tum Jo Criticize karthe ho, is not appreciated ... This is the root of the problem. Any criticism is seen as personal criticism."

. Advocates Anand Yagnik, Amit Panchal and Percy Kavina argue on submissions to be made before the High Court. Anand Yagnik agrees to yield his time to Mr. Mehta. Gujarat High Court removes embargo on advocates arguing in this matter.

. Amit Panchal begins his submissions on his application.

. State has admitted that 162 hospitals dedicated for Covid where admissions may not be made directly.

. "Hospitals cannot refuse patients only because a person has not come via 108."

. State says they have 687 ambulances. Emergency use of ambulances 2905 per day according to the State. How can patients cope?: Amit Panchal

. Anand Yagnik begins: Municipal Authorities cannot refuse admission as one does not reside in the area limits. They are examining Aadhaar cards, and refusing admission on the basis of residence.

. Anand Yagnik: State has suggested State Scheme and Central Scheme of Maha Vatsalva and Ayshman Bharat are merged. My experience is Private Hospitals are not following these schemes. The poorest of poor are being helped.

. Senior Advocate Shalin Mehta begins.

. Central Government has prepared a supply plan for Oxygen Gujarat - 1050 Tons is the demand for Gujarat. Total allocation to Gujarat is 1000 Tons

. Recent update from central government says, 1200 is the requirement for Gujarat, but suddenly supply is reduced to 900. There is a 300 difference: Shalin Mehta

. Shalin Mehta : Every day need for Oxygen is 5000 MT pan India. India produces 7200 MT. The issue is of supply chain and not that of production of Oxygen. Its a distributional issue.

. Shalin Mehta: Vadodara has allowed for real time filling of oxygen and oxygen plants are being run 27x4. This has to be done across the state.

. Rs. 201.58 Crore for setting up 162 PSA plants all over India was allocated by Central Government.

Only 33 PSA plants have come up in India.

59 Plants will come by April end 80 plants will come by May end.

PSA plants can be set up in 2 weeks

Oxygen companies are the real hindrance for setting up plant.

"They dont want PSA plants to come up"

. Shalin Mehta:

Gujarat is manufacturing oxygen and giving to other states.

Some urgent orders may be passed so that Gujarat doesn't now face deficit. S

tate should be held by the Centre in this case, so that there is no shortage

. Gujarat High Court CJ: Is the Supreme Court hearing on the Oxygen matter?

. Amit Panchal: The matter is going on live in the Supreme Curt. There is no bar on hearing this matter before the High Court.

. Percy Kavina begins his submission. Talks about bar on criticism by the State Government

. CJ: Everyone has to be large hearted

. Kavina: Argues about the state of patients of Covid Hospitals. 108 being the preferred mode of admission, there is a wait period of 32 hours to 48 hours before a patient is admitted.

. Kavina: Picking up patients across Gujarat is 48 mins and Ahmedabad - 2 hours 21 mins. Average patients per ambulance - 5 per day Insistence on 108 has to go

. Gujarat Govt asked for - 4 Lakh vials

Allocation to Gujarat by Centre - 1,63000 vials

. State Government is inaugurating Hospitals where a Z+ security person comes. There is a photo op. There is no social distancing and this is where our Deputy CM may have got Covid. Facilities need to come on board, not an inauguration.

. As the rate rises, i would request your lordships to provide a counter-view to Government narrative be seen by your lordships. One view will not help us to reach our goal.

. Advocate General Kamal Trivedi begins: Till April 15, things were in control. There is a pressure on resources today.

. AG Kamal Trivedi: Central Govt is handling the Oxygen requirement. This is the right approach as other states may need. If there is any loophole for allocation of Oxygen, we are plugging it.

. We need nurses, ward boys and lot more. We have issued order to recall all doctors who have studied here. 1,222 doctors have been recalled. We have appealed to Specialists, analysts with good salary to join at the earliest : Kamal Trivedi

. We are open for suggestions. We will see that, the suggestions are compiled with. We have come with Advisory even today.

. Advocate Amit Panchal quotes Bar & Bench and refers to the Supreme Court hearing before Justice Chandrachud - the High Courts can go on without any delay

. Shalin Mehta requests for a minute - Says lockdown is the only issue. Everyone from my mothers side and fathers side are down with covid. We will be able to break the chain.

. Gujarat Hight Court: Lockdown is not a solution. This is not Germany or New Zealand.

. Senior Advocate Kavina - There are a lot of vaccine hesitance. Even educated people are hesitant. If we can persuade 5 people to give up vaccine hesitance.

. Gujarat High Court: Before Supreme Court there are 2 issues, Oxygen and Medicine.

. Devang Vyas: Supreme Court is seeing the vaccination issue also.

. Gujarat High Court: If there is a press matter, you file a application in midnight, we will hear it.

. Court: Why is 108 so sticky? Why cant 108 Ambulances go to other hospitals? 108 was on first come first basis, we had ordered that critical patients are attended A line of 40 ambulances are waiting outside hospitals - That's what we see.

. Justice Karia: There is a projection for 0.5 Million patients. What are you planning? How are you preparing? In Rajkot, Hospitals are saying get the Oxygen and then get admitted. What is the system doing?

. Justice Karia: Your object of 108 is centralised admission. This is for monitoring. A person who goes directly to the hospital, cannot be denied admission

. AG: How do we handle, if everyone lands up to the hospital asking for a bed and gets crowded?

. Justice Karia: Put a board outside the hospital, display a board, how many are occupied and many are full.

. CJ: The last date we discussed this issue. We are not saying 'Government is doing nothing.' But the manner in which they are doing it is not satisfactory.

. CJ: We are not happy with today's situation

. AG: I will go back and discuss and come back with a solution.

. CJ: Corporation cant have its own policy in contrary to the Government. Is this a domicile hospital?

. Justice Karia: You cant sit in ivory tower and decide

. Justice Karia: You need to come down to the ground. Your affidavit is giving a rosy picture. You need to give us the reply to where is the demand, where will you get your resources. It's being reported everywhere, everyday.

. AG: Out of 8,211 Oxygen beds, i hardly have 50 beds that are free

. Justice Karia: Today, there are 14,000 cases. It's estimated that there are 30,000 cases by end of the week. Even if you take 10% need oxygen, there is a need for 3,000 beds. Where will you brings?

. Karia J: Therefore, we need to Break the Chain, this will mutliply.

. CJ: We are neither suggesting, nor we know. It's the Government and experts who need to take control.

. CJ: Why dont you request 4th year and 5th year students (medical) to seek help.

. CJ: You need to take to task news channels who are giving fake news. There are news channels floating numbers of IAS officers who can get beds in the hospitals. Why dont you take action against these media channels? What if your number or Mehta number is given by media promising bed?

. CJ: One suggestion has come from my brother Judge. Registration of Births and deaths have to be registered within 30 days. If 30 day period expires, then there is a long period where common man is harassed. Can this period be extended to include lockdown?

. CJ: Matter now to be heard next Tuesday (May 4).

“Not saying ‘Government is doing nothing’, but it is not satisfactory:” Gujarat High Court on COVID-19 care in the State [LIVE UPDATES]

Bar & Bench

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