Acute shortage of oxygen attributable to State inaction, Amicus Curiae moves Madhya Pradesh HC

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The Amicus Curiae Naman Nagrath (Senior Counsel) has moved the Madhya Pradesh High Court seeking strict compliance of its order dated April 19 and also additional directions necessary to monitor the Covid-19 situation in the state, reported LiveLaw.

The High Court had taken suo motu cognisance of the letter forwarded by the Supreme Court whereby Senior Advocate Ashwani Kumar had highlighted a tragic incident where an elderly patient was chained to a hospital bed in Bhopal allegedly on his failure to make payment of fees for his treatment.

The court had recorded the issues in the state including several deaths due to oxygen shortage, shortage of medicines, under reporting of cases and deaths, alleged corruption charges where some private hospitals were giving beds to only those who were willing to pay a higher amount, etc, according to a SabrangIndia report.

The court had directed the government to fix the rates for being charged by the private hospitals and labs for treatment/tests, to ensure strict compliance of all such directions including about the treatment of poor patients under Ayushman Bharat Yojana reserving 20% beds for Ayushman Bharat Yojana beneficiaries and increase the empanelment of more private hospitals under the said scheme. It had also told the government that since it depends on supply of Liquid Oxygen from other States, it should initiate the process of setting up Liquid Oxygen Plants and make sure there is enough supply of drugs.

This matter was fixed for hearing on May 10 but Senior Counsel Naman has stated in his application that the developments in the intervening period are “so serious” that he had to move the court with his Intervention Application, as per LiveLaw.

He has submitted that even though the figures of availability of oxygen as provided by the State may seem to be sufficient “the actual availability and the ground reality shows a completely different picture.” According to LiveLaw, the application reads, “The acute shortage of oxygen is attributable to total inaction and indifference of the State, which has failed to perceive this aspect of any importance and necessity. It is saddening that the entire period of several months after slowing down of the first wave have been lost and no efforts even worth mentioning have been taken by the State in this regard.”

He has further told the High Court that it is the State’s “apathy and indifference” for being unable to utilise even the grant made available to it by the Centre for setting up 8 oxygen plants. The application therefore, seeks direction to the State Government to set up a Liquid Oxygen manufacturing plant “at war footing without any further delay”.

He has also submitted that patients in the State are being made to shuffle from one hospital to the other in search of beds and drugs. Emphasising on the rural population, his application also states that it has become absolutely necessary that the government gives immediate attention to this issue so that the rural population does not suffer adverse consequences which may be worse than those being witnessed by the urban population of the State.

According to LiveLaw, his application reads, “State seems to have been totally oblivious and has been caught unaware and unprepared of the impending second wave which is devastating. The state has simply failed to live up to the proverb, dig the well before you are thirsty and lose valuable days and weeks in the months of February and March 2021, as a result, it is even less prepared than the first spell of Covid-19 last year.”

Naman Nagrath’s plea finally prays for the court to list the matter in short intervals owing to the exceptional circumstances and issue directions to the government to submit a preparedness and forward planning report in respect of a possible third wave of Covid-19, which mat hit the country and also the Madhya Pradesh in the coming months as indicated by research studies.