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The Delhi High Court has reprimanded the Delhi government for not being able to manage the Covid crisis in the capital effectively and said that it should “pull up its socks”. The Bench of Justice Vipin Sanghi and Justice Rekha Palli which has been relentlessly following through on requests by hospitals for oxygen supply, is also monitoring the supply of essential drugs and is ensuring that no undue pressure is laid on the health care workers who are already working under stress.
During the hearing, Vijay Dev, Chief Secretary, Government of National Capital Territory of Delhi (GNCTD) informed the court that the government intends to issue an order to ensure that existing contractual arrangements are honoured to the extent possible by oxygen suppliers. The suppliers have also been asked to disclose about the supply of liquid Oxygen by them for the next 72 hours, so that the aspect of certainty can be taken care of.
The court observed that during the hearing it became clear that the GNCTD needs to “pull up its socks” to address the aspect of distribution of oxygen among hospitals. The court stated that “even after supply of tons and tons of liquid Oxygen to these re-fillers and convertors, there is no account being kept as to how they are further supplying Oxygen cylinders to hospitals, nursing homes and individuals.” The court opined that there is an artificial shortage being created and black marketing is taking place as there is no account being kept.
The court clearly stated that oxygen re-fillers are complying with the government’s order as they obviously do not wish to maintain transparency. The court stated that strict action will be taken against them if they fail to provide requisite data to the Delhi government, despite orders.
The court then directed the GNCTD to inform about stocks of liquid oxygen with re-fillers on April 28 hearing at 10 A.M. It also directed the government to call for records from all the pharmacies in the hospitals with regard to the supplies of Remdesivir, and other essential drugs and the sales made. The court also took up a suggestion made by Senior Advocate Trivedi that the supply of these drugs should be updated on an online portal.
The court also took notice of an order issued by the GNCTD directing hospitals to attend to patients immediately and taken to a triage area within 10 minutes with adequate provision for oxygen and medication required. The court observed that such orders will only create anxiety for health care workers and only specific complaints should be addressed and action can be taken against such hospitals.
The court held that such circulars are meaningless and will only lead to legal complications for hospitals in the future. “The responsibility of the GNCTD towards the people does not get discharged with issuance of such like circulars alone,” the court said.
It has also called for details on patients who have died due to shortage of oxygen vide an affidavit to be filed within four days.
The complete order may be read here:
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