Arvind Kejriwal govt moves Supreme Court against Delhi HC order staying reservation of 80% ICU beds in private hospitals for COVID-19 patients

The Aam Admi Party government of Delhi NCT has moved the Supreme Court seeking to set aside the Delhi High Court order staying its move to reserve 80% of ICU beds in private hospitals for COVID-19 patients..The appeal filed by Advocate Chirag M Shroff assails the September 22 order of Justice Navin Chawla and another order of a Division Bench of the High Court, which posted the hearing of the case for November 27, without vacating the stay issued by the Single judge..In its appeal, the Delhi government has stated that High Court failed to consider that it only directed 33 private nursing homes and hospitals (out of a total of almost 1170 private nursing homes and hospitals across NCT of Delhi) to reserve 80% of their ICU beds for COVID-19 patients.Further, the government permitted private hospitals to increase their bed capacity temporarily by 30%, subject to the increased beds being dedicated for COVID-19 patients, thereby addressing the issue of additional requirement of beds for COVID-19 patients..The plea goes on to state that none of the 33 hospitals in question objected to the government order on reservation of hospital beds..It is also stated that the claim made by the Association of Healthcare Providers (petitioners before Delhi High Court) that adverse impact would be caused to non-COVID patients was simply to mask the commercial interests of private hospitals, who had been directed to only charge a capped fee for treatment of COVID-19 patients..Another ground raised is,"Because the Hon’ble Division Bench of the High Court has failed to take judicial notice of the COVID-19 pandemic and the steadily rising graph of COVID-19 infections and the fact that Delhi has always been the preferred location for seeking medical treatment by patients even from neighbouring and other states and has therefore, erred in passing the Impugned Order on the basis of speculation, conjecture and surmises put forth by the Respondent No. 1 association, without any concrete case of any Non-COVID patient having bee allegedly impacted or affected by the GNCTD Order.".Moreover, as result of the stay on the government order, the petition claims that COVID-19 patients, who had been inducted by the hospitals pursuant to the government order, would be forced to pay "exorbitant, non-Covid rates" for the remainder of their treatment in the ICU where they are already admitted..The plea also points out that courts cannot interfere with policy decisions of the State, especially when the policy decision is taken in public interest..The appellants submit that during a pandemic situation, the "decision making process has to be dynamic and emergent.""The decision to issue the GNCTD Order had been taken in light of the rising graph of COVID-19 infections (as has also been set out in the GNCTD Order) and that it would be reviewed dynamically," reads the plea..On these grounds, among others, the Delhi government has sought leave to appeal against the Division Bench order of October 9, and in the interim, a stay on the Single Judge order of September 22..In its September 22 order, the High Court had noted that the effect of the government order was that 80% beds in 33 private hospitals were to be kept reserved for COVID-19 patients, which would lead to a situation wherein a non-COVID patient might be refused admission to an ICU in spite of availability..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