Digitally Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:20.04.2021 23:05
Signature Not Verified
1) The court heard submissions from various parties on the COVID-19 situation in Delhi, including availability of beds, oxygen supplies, testing, and critical medicines.
2) It was reported that oxygen supplies in some Delhi hospitals would be exhausted within 4-8 hours. The court directed the central government to immediately divert oxygen supplies from industrial to medical use.
3) The court issued notices of contempt to INOX for failing to comply with an order to supply oxygen to Delhi hospitals, and summoned the MD/owner and UP chief
The High Court of Delhi is hearing a petition related to COVID-19 management in Delhi. It notes the massive surge in COVID cases overwhelming healthcare systems. It directs private labs to provide test results within 48 hours instead of 24. It orders the central government to increase daily oxygen supply to Delhi from 300MT to 700MT. It also directs a private company to resume supplying 140MT of oxygen daily to Delhi hospitals. The court orders affidavits on hospital bed capacity and utilization. It directs Delhi government to use funds to provide food and supplies to construction workers impacted by the lockdown. The matter will be heard again the next day.
This document summarizes proceedings in the Supreme Court of India regarding oxygen allocation to Delhi. It notes that the Court had previously directed the central government to supply 700 MT of oxygen per day to Delhi by May 3rd. The central government argued the contempt proceedings against its officers were unnecessary, as it had constituted an expert group that determined Delhi's optimal oxygen need was 415 MT/day. It also argued that oxygen availability to Delhi had increased since the previous order. The Court heard from government representatives about steps taken to augment oxygen supply to Delhi through imported supplies, additional sources, and rail transport. Counsel for Delhi provided data on daily oxygen allocations to Delhi from April 28th to May 4th.
1. State officials from Tamil Nadu attended a virtual court hearing to update the court on COVID measures and resource needs in the state.
2. The main concern is oxygen supply, as Tamil Nadu's daily production of 400MT is below the current need of 450MT. At a recent meeting, it was agreed Tamil Nadu would receive 475MT daily but this was not reflected in the latest central allocation order.
3. The officials warned that without increased oxygen allocation, reserves may run out within a day, jeopardizing supply on Saturday. The court appealed for an equitable, needs-based distribution of oxygen across states.
This document summarizes proceedings in the Madras High Court regarding the state of preparedness for the COVID-19 pandemic in Tamil Nadu and Puducherry. It notes that the state has set up testing and screening centers and is recommending home treatment or hospitalization depending on infection severity. However, there are concerns about shortages of beds, oxygen, and drugs like Remdesivir if cases continue rising. The court directs the state and union territory to take further measures to inform the public and control prices of medical supplies and services. It will continue monitoring the situation in the coming weeks.
This document summarizes proceedings from a public interest litigation hearing regarding covid-19 conditions in Uttar Pradesh, India. Several advocates presented issues to the court, including lack of access to hospitals, oxygen shortages, overburdened healthcare systems, and mismanagement. The court acknowledged the problems and directed the state government to immediately improve management of existing infrastructure and raise healthcare capacity to 1% of city populations in each district. Major city hospitals were ordered to provide regular health bulletins to reduce visitors and the potential spread of covid-19. The situation was deemed chaotic and immediate action was needed.
The document discusses two writ petitions related to prison overcrowding and conditions in Madhya Pradesh. It summarizes the suggestions provided by an amicus curiae to improve prison conditions, which include establishing women's prisons, borstal schools for youth offenders, mental health services, vocational training programs, healthcare facilities, sanitation infrastructure, educational opportunities, and recreational activities for inmates. The court acknowledges the urgent need for prison reforms and decongesting the prisons in the state.
This document is a court order from a case involving two hospitals, M/S. Bram Health Care Private Limited and Batra Hospital and Medical Research Centre, seeking relief for the urgent supply of medical oxygen for treating COVID patients. The court notes the arrangements made by the Delhi government for refilling oxygen cylinders and addresses the hospitals' grievances regarding not being able to get their cylinders refilled. It directs all hospitals to approach the nodal officer, Udit Prakash, for their oxygen requirements and provides other options to contact if issues persist. The court also discusses Delhi's daily oxygen allocation and shortfall with the central government representative.
The court ordered the State Government to expedite the submission of the report from the Forensic Science Laboratory in a case involving 5 accused where 4 have been apprehended and 1 is absconding. The court directed further reports on the investigation and Forensic Science Laboratory report to be submitted on March 1st in a sealed envelope. The court also directed the State Government to consider issuing directions to local authorities and agencies to comply with rules prohibiting manual scavenging and ensure contractor compliance. The State Government's response is also to be submitted by March 1st.
The High Court of Delhi is hearing a petition related to COVID-19 management in Delhi. It notes the massive surge in COVID cases overwhelming healthcare systems. It directs private labs to provide test results within 48 hours instead of 24. It orders the central government to increase daily oxygen supply to Delhi from 300MT to 700MT. It also directs a private company to resume supplying 140MT of oxygen daily to Delhi hospitals. The court orders affidavits on hospital bed capacity and utilization. It directs Delhi government to use funds to provide food and supplies to construction workers impacted by the lockdown. The matter will be heard again the next day.
This document summarizes proceedings in the Supreme Court of India regarding oxygen allocation to Delhi. It notes that the Court had previously directed the central government to supply 700 MT of oxygen per day to Delhi by May 3rd. The central government argued the contempt proceedings against its officers were unnecessary, as it had constituted an expert group that determined Delhi's optimal oxygen need was 415 MT/day. It also argued that oxygen availability to Delhi had increased since the previous order. The Court heard from government representatives about steps taken to augment oxygen supply to Delhi through imported supplies, additional sources, and rail transport. Counsel for Delhi provided data on daily oxygen allocations to Delhi from April 28th to May 4th.
1. State officials from Tamil Nadu attended a virtual court hearing to update the court on COVID measures and resource needs in the state.
2. The main concern is oxygen supply, as Tamil Nadu's daily production of 400MT is below the current need of 450MT. At a recent meeting, it was agreed Tamil Nadu would receive 475MT daily but this was not reflected in the latest central allocation order.
3. The officials warned that without increased oxygen allocation, reserves may run out within a day, jeopardizing supply on Saturday. The court appealed for an equitable, needs-based distribution of oxygen across states.
This document summarizes proceedings in the Madras High Court regarding the state of preparedness for the COVID-19 pandemic in Tamil Nadu and Puducherry. It notes that the state has set up testing and screening centers and is recommending home treatment or hospitalization depending on infection severity. However, there are concerns about shortages of beds, oxygen, and drugs like Remdesivir if cases continue rising. The court directs the state and union territory to take further measures to inform the public and control prices of medical supplies and services. It will continue monitoring the situation in the coming weeks.
This document summarizes proceedings from a public interest litigation hearing regarding covid-19 conditions in Uttar Pradesh, India. Several advocates presented issues to the court, including lack of access to hospitals, oxygen shortages, overburdened healthcare systems, and mismanagement. The court acknowledged the problems and directed the state government to immediately improve management of existing infrastructure and raise healthcare capacity to 1% of city populations in each district. Major city hospitals were ordered to provide regular health bulletins to reduce visitors and the potential spread of covid-19. The situation was deemed chaotic and immediate action was needed.
The document discusses two writ petitions related to prison overcrowding and conditions in Madhya Pradesh. It summarizes the suggestions provided by an amicus curiae to improve prison conditions, which include establishing women's prisons, borstal schools for youth offenders, mental health services, vocational training programs, healthcare facilities, sanitation infrastructure, educational opportunities, and recreational activities for inmates. The court acknowledges the urgent need for prison reforms and decongesting the prisons in the state.
This document is a court order from a case involving two hospitals, M/S. Bram Health Care Private Limited and Batra Hospital and Medical Research Centre, seeking relief for the urgent supply of medical oxygen for treating COVID patients. The court notes the arrangements made by the Delhi government for refilling oxygen cylinders and addresses the hospitals' grievances regarding not being able to get their cylinders refilled. It directs all hospitals to approach the nodal officer, Udit Prakash, for their oxygen requirements and provides other options to contact if issues persist. The court also discusses Delhi's daily oxygen allocation and shortfall with the central government representative.
The court ordered the State Government to expedite the submission of the report from the Forensic Science Laboratory in a case involving 5 accused where 4 have been apprehended and 1 is absconding. The court directed further reports on the investigation and Forensic Science Laboratory report to be submitted on March 1st in a sealed envelope. The court also directed the State Government to consider issuing directions to local authorities and agencies to comply with rules prohibiting manual scavenging and ensure contractor compliance. The State Government's response is also to be submitted by March 1st.
The Madurai Bench of the Madras High Court heard a public interest litigation petition regarding the strict implementation of two Government Orders (GO) fixing prices for COVID-19 treatment and allocating beds in private hospitals. The court asked the respondents eight questions regarding compliance with the GOs and monitoring of private hospitals. It noted reports of exorbitant charges and ordered the respondents to file responses to the queries before the next hearing, appreciating healthcare workers but stating that some hospitals appear to be taking advantage of the pandemic situation.
This document is a high court order regarding a writ petition filed by three widows seeking compensation for the death of their husbands who were manual scavengers. The court notes that manual scavenging is prohibited by law and those engaged in it are entitled to rehabilitation. It discusses the relevant laws and state government policies on compensation. While the state argues the developer and contractor should pay, the court observes the state also holds responsibility. It directs the government lawyer to immediately pay interim compensation of Rs. 1,25,000 to each petitioner, while holding all respondents including the housing society responsible for fully paying the mandated Rs. 10 lakhs compensation per petitioner.
The document is an order from the High Court of Gujarat summarizing the State government's response to issues raised by the Court regarding the COVID-19 pandemic. It notes that the State government has taken immediate decisions to limit social gatherings and public events. It also provides details on efforts taken to increase testing, strengthen the healthcare system by adding beds and resources, procure Remdesivir injections, boost oxygen supplies, manage human resources and conduct public awareness campaigns.
1. The petitioner, an advocate, filed a PIL claiming the Kerala state government is discriminating against minority communities in India by favoring Muslims over other minorities like Christians in various socio-economic empowerment schemes.
2. The petitioner argues that as per the Indian constitution and the National Commission for Minorities Act, the central government notifies six religious communities as minorities, including Muslims, Christians, Sikhs, Buddhists, Zoroastrians and Jains, and schemes should benefit all equally without favoring any one.
3. However, various orders of the Kerala government, like the 80:20 reservation ratio in one order, arbitrarily favor Muslims over Latin Catholic and converted Christian minorities without any valid rationale, violating
MINING INDUSTRY: A critical analysis through application of Rule 12(10) of MC...Biswajit Das
This document summarizes and analyzes a legal challenge brought by mining lessees in India to notices issued by the state government under Rule 12(10) of the Mining Rules, 2016. The lessees challenged the notices on 8 broad grounds, arguing that compensation amounts under section 21(5) of the mining law are not covered by Rule 12(10). However, the document argues that the lessees' challenges were narrow, hyper-technical and self-defeating, and that the litigation could have been avoided by addressing the core issues regarding the compensation demands. The mining tribunal ultimately dismissed the challenges and upheld the state's right to recover the amounts, but its decision drew the process into additional adverse consequences beyond the
The document is an order from the High Court of Gujarat regarding a writ petition on COVID-19 issues. It summarizes responses filed by the state government on testing capacity, drug availability including Remdesivir, hospital infrastructure and oxygen supplies. It notes the state's commitment to fighting the pandemic but acknowledges constraints. It also recounts concerns raised by advocates on increasing testing, ensuring oxygen and drug supplies, and making treatment affordable. The court appreciated the state's efforts while recognizing more needs to be done.
This document summarizes the proceedings of a High Court hearing regarding overcrowding in prisons in Madhya Pradesh during the COVID-19 pandemic.
The Court heard suggestions to further decongest prisons by recommending release of convicts who have served 1/3 of their sentence or 7+ years for life imprisonment. It also heard suggestions to release all women prisoners and those facing trial for minor offenses.
The Court directed officials to provide prisoner data in these categories to the High Powered Committee for consideration. It also directed compliance with Supreme Court guidelines on limiting arrests and scrutinizing need for detention. The Court sought steps to sensitize police and magistrates on these issues and to consider bail for juveniles in observation
This document is a court order from the High Court of Orissa regarding two recent incidents where sanitation workers died while manually cleaning sewers and septic tanks in Bhubaneswar and Cuttack, Odisha. The court notes that such deaths continue in violation of national laws banning manual scavenging. It orders compensation of Rs. 10 lakhs for the families of the deceased workers in both incidents. It also notices relevant state agencies to examine applying provisions of the SC/ST Prevention of Atrocities Act and to ensure all legal provisions and Supreme Court directives on safety equipment and working conditions for sanitation workers are properly implemented.
The document is a High Court order regarding a writ petition filed to request allocation of a permanent burial ground for the Arunthathiyar community in Madur Village, Kallakurichi District.
The Court notes that while death equalizes all humans, discrimination persists even in burial rites for some communities. It acknowledges that the Arunthathiyar community has temporarily used lands classified as an 'Odai Poramboke' to bury dead, but petitioners seek a permanent solution. The Court examines whether the right to dignity extends to burial/cremation, and cites past rulings affirming this. It directs officials to identify a suitable public land for a permanent burial ground.
This document summarizes a court case regarding conditions in correctional facilities in Tamil Nadu and Puducherry during the COVID-19 pandemic. It notes that high powered committees oversaw the facilities and reports were filed. While Tamil Nadu's situation was under control, Puducherry had an alarming positive case rate among inmates, though all but two have now recovered. The court ordered that decisions by the committees be published online, contact between inmates and lawyers be allowed via video, and that the matter return for review in a week.
1. The document discusses a fire incident that occurred at Shrey Hospital in Ahmedabad, Gujarat on August 6, 2020, which killed 8 COVID patients and injured several others.
2. The State Government appointed a Commission of Inquiry under the Commissions of Inquiry Act, 1952 to investigate the incident and ascertain its causes.
3. The petitioners have filed this appeal challenging the single judge's order granting interim relief by restraining the Commission of Inquiry from submitting its report until the petition is disposed of.
This judgment from the High Court of Kerala concerns a public interest litigation filed regarding the deaths of two workers who died inside a manhole of a sewerage pipeline operated by the Kerala Water Authority. The court notes guidelines from the Supreme Court regarding safety measures for workers entering manholes. It orders the identification of families of all those died in sewerage work since 1993 and payment of compensation of Rs. 10 lakhs to each family in line with Supreme Court directives. The court acknowledges Rs. 4 lakh compensation was already paid by the contractor to the wives of the deceased workers in this case.
1. The petitioner filed this application to prevent his detention under the Prevention of Anti-Social Activities Act (PASA) in connection with a criminal case registered against him for offenses related to wrongful confinement, criminal intimidation, and assault.
2. The court noted that the dispute appeared to be private in nature rather than dangerous, and seemed to be an attempt to use threats under PASA to settle a financial dispute.
3. The court therefore allowed the petition and directed that any detention order against the petitioner related to this case cannot be executed for one month, to prevent his detention under PASA which did not appear justified based on the nature of the allegations.
This document is a court order from the High Court of Gujarat regarding three petitions filed by individuals (the petitioners) apprehending detention under the Prevention of Anti Social Activities Act (PASA) in connection with complaints filed against them by the State Tax Department. The court notes that while the investigation is complete and charges filed, the sword of PASA detention remains hanging over the petitioners. The court issues directions that the state authorities cannot resort to PASA detention against the petitioners in these cases and restrains the state from doing so.
The document discusses two writ petitions challenging certain rules under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Specifically, it challenges Rules 3, 7, and 9 on the grounds that they infringe on freedom of speech and media independence. The court notes that Rule 9 has already been stayed by the Bombay High Court. It orders that any actions taken under Rules 3 and 7 will abide by the result of the present petitions and further court orders. The matters are listed to be heard again in late October.
SSC submitted 20 applications to the Information Commissioner for approval to decline acting on 20 access requests relating to communications of an SSC employee. SSC argued the requests were vexatious, in bad faith, and an abuse of access rights, intended to target and harass the employee. The Commissioner denied the applications, finding SSC did not establish the requests met the requirements under subsection 6.1(1) of the Access to Information Act or that SSC fulfilled its duty to assist the requester. The Commissioner determined SSC must respond to the 20 access requests.
SSC sought approval from the Information Commissioner to decline acting on an access request, arguing it was vexatious, made in bad faith, and an abuse of the right of access. The Commissioner denied the application, finding SSC did not meet its burden to establish these claims or fulfill its duty to assist the requester. While the requester has made multiple requests targeting specific employees, the Commissioner found this does not inherently make the current request vexatious and the primary intent appears to be obtaining information about an alleged privacy breach and misuse of personal information.
This document summarizes an order from the Supreme Court of India regarding its suo motu writ petition on the distribution of essential supplies and services during the COVID-19 pandemic. The order provides context on the case, outlines relevant sections of the Disaster Management Act of 2005, and discusses the Court's directions to the central and state governments to submit additional affidavits on issues like oxygen availability, medical infrastructure, vaccines, and essential drugs. The Court aims to facilitate dialogue between stakeholders within a human rights framework, while clarifying it does not intend to usurp executive/legislative roles.
1. The High Court of Delhi heard a case regarding oxygen allocation and supply to Delhi hospitals during the COVID-19 pandemic.
2. Additional Secretary Sumita Dawra from the Ministry of Commerce informed the Court that Delhi's oxygen allocation was recently increased from 378MT to 480MT per day.
3. The Court directed the central and Delhi governments to ensure the full 480MT allocation is supplied to Delhi and obstacles in transport are removed, to meet urgent hospital and patient needs. The matter was adjourned until the next day.
This document is a court order from the High Court of Uttarakhand addressing several public interest litigation petitions regarding the State government's response to the COVID-19 pandemic. It notes the increasing positivity rate and projections that millions could be affected in the state by July/August without further action. The court directs the state government to increase testing, particularly in major cities; consider using mobile testing vans in hill areas; add more dedicated COVID hospitals and health centers; and maintain temporary hospitals used for Kumbh Mela. The order aims to bolster the state's pandemic preparedness and response efforts.
The document is the response from the Minister of Health and Family Welfare to questions asked in the Rajya Sabha regarding deaths due to inadequate oxygen supply in Andhra Pradesh. It summarizes the findings of a preliminary inquiry that found patients died at a hospital in Andhra Pradesh when oxygen levels dropped after the main oxygen tank emptied before the backup system turned on. It then outlines the various measures the government has taken to strengthen healthcare infrastructure and oxygen supply across India during the COVID-19 pandemic, including increasing bed capacity, medical oxygen production and allocation, procuring oxygen cylinders, establishing oxygen generation plants, and releasing funds to states.
collector have power to take any building disaster management act -ഏത് കെട്ടിടവും DM Act പ്രകാരം ഏറ്റെടുക്കുന്നതിന് Revenue വകുപ്പിന് അധികാരം ഉണ്ട്.
ആയത് വ്യകതമാക്കി കൊണ്ടുള്ള kerala ഹൈകോടതിയുടെ 22/7/2020 ലെ ഉത്തരവ്
The Madurai Bench of the Madras High Court heard a public interest litigation petition regarding the strict implementation of two Government Orders (GO) fixing prices for COVID-19 treatment and allocating beds in private hospitals. The court asked the respondents eight questions regarding compliance with the GOs and monitoring of private hospitals. It noted reports of exorbitant charges and ordered the respondents to file responses to the queries before the next hearing, appreciating healthcare workers but stating that some hospitals appear to be taking advantage of the pandemic situation.
This document is a high court order regarding a writ petition filed by three widows seeking compensation for the death of their husbands who were manual scavengers. The court notes that manual scavenging is prohibited by law and those engaged in it are entitled to rehabilitation. It discusses the relevant laws and state government policies on compensation. While the state argues the developer and contractor should pay, the court observes the state also holds responsibility. It directs the government lawyer to immediately pay interim compensation of Rs. 1,25,000 to each petitioner, while holding all respondents including the housing society responsible for fully paying the mandated Rs. 10 lakhs compensation per petitioner.
The document is an order from the High Court of Gujarat summarizing the State government's response to issues raised by the Court regarding the COVID-19 pandemic. It notes that the State government has taken immediate decisions to limit social gatherings and public events. It also provides details on efforts taken to increase testing, strengthen the healthcare system by adding beds and resources, procure Remdesivir injections, boost oxygen supplies, manage human resources and conduct public awareness campaigns.
1. The petitioner, an advocate, filed a PIL claiming the Kerala state government is discriminating against minority communities in India by favoring Muslims over other minorities like Christians in various socio-economic empowerment schemes.
2. The petitioner argues that as per the Indian constitution and the National Commission for Minorities Act, the central government notifies six religious communities as minorities, including Muslims, Christians, Sikhs, Buddhists, Zoroastrians and Jains, and schemes should benefit all equally without favoring any one.
3. However, various orders of the Kerala government, like the 80:20 reservation ratio in one order, arbitrarily favor Muslims over Latin Catholic and converted Christian minorities without any valid rationale, violating
MINING INDUSTRY: A critical analysis through application of Rule 12(10) of MC...Biswajit Das
This document summarizes and analyzes a legal challenge brought by mining lessees in India to notices issued by the state government under Rule 12(10) of the Mining Rules, 2016. The lessees challenged the notices on 8 broad grounds, arguing that compensation amounts under section 21(5) of the mining law are not covered by Rule 12(10). However, the document argues that the lessees' challenges were narrow, hyper-technical and self-defeating, and that the litigation could have been avoided by addressing the core issues regarding the compensation demands. The mining tribunal ultimately dismissed the challenges and upheld the state's right to recover the amounts, but its decision drew the process into additional adverse consequences beyond the
The document is an order from the High Court of Gujarat regarding a writ petition on COVID-19 issues. It summarizes responses filed by the state government on testing capacity, drug availability including Remdesivir, hospital infrastructure and oxygen supplies. It notes the state's commitment to fighting the pandemic but acknowledges constraints. It also recounts concerns raised by advocates on increasing testing, ensuring oxygen and drug supplies, and making treatment affordable. The court appreciated the state's efforts while recognizing more needs to be done.
This document summarizes the proceedings of a High Court hearing regarding overcrowding in prisons in Madhya Pradesh during the COVID-19 pandemic.
The Court heard suggestions to further decongest prisons by recommending release of convicts who have served 1/3 of their sentence or 7+ years for life imprisonment. It also heard suggestions to release all women prisoners and those facing trial for minor offenses.
The Court directed officials to provide prisoner data in these categories to the High Powered Committee for consideration. It also directed compliance with Supreme Court guidelines on limiting arrests and scrutinizing need for detention. The Court sought steps to sensitize police and magistrates on these issues and to consider bail for juveniles in observation
This document is a court order from the High Court of Orissa regarding two recent incidents where sanitation workers died while manually cleaning sewers and septic tanks in Bhubaneswar and Cuttack, Odisha. The court notes that such deaths continue in violation of national laws banning manual scavenging. It orders compensation of Rs. 10 lakhs for the families of the deceased workers in both incidents. It also notices relevant state agencies to examine applying provisions of the SC/ST Prevention of Atrocities Act and to ensure all legal provisions and Supreme Court directives on safety equipment and working conditions for sanitation workers are properly implemented.
The document is a High Court order regarding a writ petition filed to request allocation of a permanent burial ground for the Arunthathiyar community in Madur Village, Kallakurichi District.
The Court notes that while death equalizes all humans, discrimination persists even in burial rites for some communities. It acknowledges that the Arunthathiyar community has temporarily used lands classified as an 'Odai Poramboke' to bury dead, but petitioners seek a permanent solution. The Court examines whether the right to dignity extends to burial/cremation, and cites past rulings affirming this. It directs officials to identify a suitable public land for a permanent burial ground.
This document summarizes a court case regarding conditions in correctional facilities in Tamil Nadu and Puducherry during the COVID-19 pandemic. It notes that high powered committees oversaw the facilities and reports were filed. While Tamil Nadu's situation was under control, Puducherry had an alarming positive case rate among inmates, though all but two have now recovered. The court ordered that decisions by the committees be published online, contact between inmates and lawyers be allowed via video, and that the matter return for review in a week.
1. The document discusses a fire incident that occurred at Shrey Hospital in Ahmedabad, Gujarat on August 6, 2020, which killed 8 COVID patients and injured several others.
2. The State Government appointed a Commission of Inquiry under the Commissions of Inquiry Act, 1952 to investigate the incident and ascertain its causes.
3. The petitioners have filed this appeal challenging the single judge's order granting interim relief by restraining the Commission of Inquiry from submitting its report until the petition is disposed of.
This judgment from the High Court of Kerala concerns a public interest litigation filed regarding the deaths of two workers who died inside a manhole of a sewerage pipeline operated by the Kerala Water Authority. The court notes guidelines from the Supreme Court regarding safety measures for workers entering manholes. It orders the identification of families of all those died in sewerage work since 1993 and payment of compensation of Rs. 10 lakhs to each family in line with Supreme Court directives. The court acknowledges Rs. 4 lakh compensation was already paid by the contractor to the wives of the deceased workers in this case.
1. The petitioner filed this application to prevent his detention under the Prevention of Anti-Social Activities Act (PASA) in connection with a criminal case registered against him for offenses related to wrongful confinement, criminal intimidation, and assault.
2. The court noted that the dispute appeared to be private in nature rather than dangerous, and seemed to be an attempt to use threats under PASA to settle a financial dispute.
3. The court therefore allowed the petition and directed that any detention order against the petitioner related to this case cannot be executed for one month, to prevent his detention under PASA which did not appear justified based on the nature of the allegations.
This document is a court order from the High Court of Gujarat regarding three petitions filed by individuals (the petitioners) apprehending detention under the Prevention of Anti Social Activities Act (PASA) in connection with complaints filed against them by the State Tax Department. The court notes that while the investigation is complete and charges filed, the sword of PASA detention remains hanging over the petitioners. The court issues directions that the state authorities cannot resort to PASA detention against the petitioners in these cases and restrains the state from doing so.
The document discusses two writ petitions challenging certain rules under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Specifically, it challenges Rules 3, 7, and 9 on the grounds that they infringe on freedom of speech and media independence. The court notes that Rule 9 has already been stayed by the Bombay High Court. It orders that any actions taken under Rules 3 and 7 will abide by the result of the present petitions and further court orders. The matters are listed to be heard again in late October.
SSC submitted 20 applications to the Information Commissioner for approval to decline acting on 20 access requests relating to communications of an SSC employee. SSC argued the requests were vexatious, in bad faith, and an abuse of access rights, intended to target and harass the employee. The Commissioner denied the applications, finding SSC did not establish the requests met the requirements under subsection 6.1(1) of the Access to Information Act or that SSC fulfilled its duty to assist the requester. The Commissioner determined SSC must respond to the 20 access requests.
SSC sought approval from the Information Commissioner to decline acting on an access request, arguing it was vexatious, made in bad faith, and an abuse of the right of access. The Commissioner denied the application, finding SSC did not meet its burden to establish these claims or fulfill its duty to assist the requester. While the requester has made multiple requests targeting specific employees, the Commissioner found this does not inherently make the current request vexatious and the primary intent appears to be obtaining information about an alleged privacy breach and misuse of personal information.
This document summarizes an order from the Supreme Court of India regarding its suo motu writ petition on the distribution of essential supplies and services during the COVID-19 pandemic. The order provides context on the case, outlines relevant sections of the Disaster Management Act of 2005, and discusses the Court's directions to the central and state governments to submit additional affidavits on issues like oxygen availability, medical infrastructure, vaccines, and essential drugs. The Court aims to facilitate dialogue between stakeholders within a human rights framework, while clarifying it does not intend to usurp executive/legislative roles.
1. The High Court of Delhi heard a case regarding oxygen allocation and supply to Delhi hospitals during the COVID-19 pandemic.
2. Additional Secretary Sumita Dawra from the Ministry of Commerce informed the Court that Delhi's oxygen allocation was recently increased from 378MT to 480MT per day.
3. The Court directed the central and Delhi governments to ensure the full 480MT allocation is supplied to Delhi and obstacles in transport are removed, to meet urgent hospital and patient needs. The matter was adjourned until the next day.
This document is a court order from the High Court of Uttarakhand addressing several public interest litigation petitions regarding the State government's response to the COVID-19 pandemic. It notes the increasing positivity rate and projections that millions could be affected in the state by July/August without further action. The court directs the state government to increase testing, particularly in major cities; consider using mobile testing vans in hill areas; add more dedicated COVID hospitals and health centers; and maintain temporary hospitals used for Kumbh Mela. The order aims to bolster the state's pandemic preparedness and response efforts.
The document is the response from the Minister of Health and Family Welfare to questions asked in the Rajya Sabha regarding deaths due to inadequate oxygen supply in Andhra Pradesh. It summarizes the findings of a preliminary inquiry that found patients died at a hospital in Andhra Pradesh when oxygen levels dropped after the main oxygen tank emptied before the backup system turned on. It then outlines the various measures the government has taken to strengthen healthcare infrastructure and oxygen supply across India during the COVID-19 pandemic, including increasing bed capacity, medical oxygen production and allocation, procuring oxygen cylinders, establishing oxygen generation plants, and releasing funds to states.
collector have power to take any building disaster management act -ഏത് കെട്ടിടവും DM Act പ്രകാരം ഏറ്റെടുക്കുന്നതിന് Revenue വകുപ്പിന് അധികാരം ഉണ്ട്.
ആയത് വ്യകതമാക്കി കൊണ്ടുള്ള kerala ഹൈകോടതിയുടെ 22/7/2020 ലെ ഉത്തരവ്
1) The petitioner sought directions for the respondents to register migrant workers in Delhi under social security laws and provide them free medical facilities and income support.
2) The court noted that the government was already taking steps to help migrant workers, like providing shelter, food and healthcare, and had disbursed funds to some workers.
3) However, the court said a more structured response was needed to adequately help the voiceless. It directed the Chief Secretary to frame a scheme in 2 weeks to help unorganized workers, including simplifying registration under security laws and considering NGO involvement.
23122022_ First India New Delhi (1).pdfFIRST INDIA
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The document discusses India's response to the acute shortage of essential medical services during the second wave of COVID-19 in April 2021. It outlines several measures taken by the government to increase hospital infrastructure and capacity, augment oxygen supplies, and ensure availability of essential drugs. It notes the health infrastructure was strained but the government supported states by strengthening existing facilities and establishing temporary treatment centers.
The High Court of Jharkhand heard 3 petitions regarding the construction of a new 500-bed hospital in Ranchi. In 2017, the court had ordered the construction to be completed in phases by 2017 and 2018 to benefit poor patients, but there were delays. In 2021, the court summoned the Chief Secretary to explain the delays and ongoing issues with oxygen supply. While some beds with oxygen cylinders were made, the main liquid oxygen plant was still not installed. The court held the government and contractor in contempt for not complying with the 2017 order and directed them to expedite completion, especially the oxygen plant, to address the COVID crisis. It also ordered exploration of using an existing hospital to add more oxygen beds. The case was
The Supreme Court of India heard a public interest litigation seeking free COVID-19 testing. The Court issued interim directions ordering that (1) all COVID-19 tests, whether in government or private labs, must be provided free of cost, and (2) all COVID-19 tests must be conducted in labs accredited by NABL or approved by WHO or ICMR. The Court found that charging Rs. 4,500 per test may be unaffordable for many citizens and that private labs have a role to play in containing the pandemic by providing philanthropic services during this crisis.
1. The court is hearing a suo moto public interest litigation regarding the supply of essential drugs, oxygen, and vaccination in Amravati division during the COVID-19 pandemic.
2. The court has added the Divisional Commissioner and Joint Commissioner of Amravati as respondents and directed them to submit affidavits on the supply of drugs, oxygen, and status of vaccination in Amravati division.
3. The court notes a shortage of empty oxygen cylinders in Nagpur and directs the district collector to requisition oxygen cylinders from industrial units, fabrication units, and railways to increase the availability of cylinders for refilling and transporting oxygen.
This document is a court order from the High Court of Uttarakhand addressing several petitions related to the state's response to the COVID-19 pandemic. It summarizes discussions between the court and state government representatives on steps being taken and issues raised. The court heard concerns about lack of healthcare facilities, delayed testing results, shortage of beds and oxygen, and high ambulance fees. The court directed the state to establish COVID care centers in Ramnagar, issue more health cards for private treatment, increase testing by involving private labs, and address issues of staff shortages and home sample collection.
The document summarizes two complaints filed with the Central Information Commission regarding information sought by the complainant through RTI applications to the Ministry of Health and Family Welfare and Directorate General of Health Services. The complainant sought district-wise details of hospitals and healthcare facilities designated as COVID-19 treatment centers, their addresses and contact details. While various divisions and departments of the respondent transferred the RTI applications, they claimed the information was not available with them. The complainant argued the information was in public interest and should be proactively disclosed. The respondents maintained they did not have the consolidated information sought.
This document summarizes the proceedings of a high court case regarding the Covid-19 situation in Madhya Pradesh, India. It notes that there have been many Covid-19 related deaths due to lack of oxygen in hospitals. There is also an acute shortage of Remdesivir drug and private hospitals are exploiting patients by charging exorbitant rates for it. The court heard from various advocates and the state government who acknowledged the medical crisis from the second wave of the pandemic across both urban and rural areas of Madhya Pradesh.
This document summarizes an order from the Supreme Court of India regarding its suo motu writ petition on the distribution of essential supplies and services during the COVID-19 pandemic. The order provides context on the case, outlines relevant sections of the Disaster Management Act of 2005, and discusses the Court's directions to the central and state governments to submit additional affidavits on issues like oxygen availability, medical infrastructure, vaccines, and essential drugs. The Court aims to facilitate dialogue between stakeholders within a human rights framework, while clarifying it does not intend to usurp executive/legislative roles.
This document summarizes an order from the Supreme Court of India regarding its suo motu writ petition on the distribution of essential supplies and services during the COVID-19 pandemic. The order provides context on the case, outlines relevant sections of the Disaster Management Act of 2005, and discusses the Court's directions to the central and state governments to submit additional affidavits on issues like oxygen availability, medical infrastructure, vaccines, and essential drugs. The Court aims to facilitate dialogue between stakeholders within a human rights framework, while clarifying it does not intend to usurp executive/legislative roles.
This document is an order from the Supreme Court of India regarding the distribution of essential supplies and services during the COVID-19 pandemic. It begins with an introduction providing background on the court's assumption of jurisdiction over issues relating to COVID-19 that affect the entire nation. It then outlines the Disaster Management Act and discusses various issues related to medical infrastructure, oxygen availability, vaccines, essential drugs, and healthcare workforce augmentation. The court received additional affidavits from the central and state governments addressing these issues and heard submissions from various parties.
This document summarizes proceedings from a public interest litigation hearing regarding covid-19 conditions in Uttar Pradesh, India. Several advocates presented issues to the court, including lack of access to hospitals, shortages of oxygen and drugs, and inadequate quarantine facilities. The judges acknowledged the efforts made by the state government but noted the situation on the ground remains difficult. They ordered the major cities to implement a health bulletin system to update families and reduce overcrowding in hospitals, and to enhance healthcare infrastructure to meet 1% of the population in each district. Overall it examines the ongoing challenges in managing the public health response.
The High Court of Punjab & Haryana heard arguments from representatives of Punjab, Haryana, Chandigarh, and the central government on issues related to oxygen shortage and COVID-19 management. The court noted that all three states/UTs are facing severe oxygen shortages due to delays in supplies from distant plants. It directed the central government to reorient oxygen supply to ensure allocated quotas reach states on time. The court also suggested the three regions set up a unified COVID response and consider initiatives like oxygen ambulance services.
1) The court document discusses ventilators received from the PM Cares Fund for treating COVID-19 patients. It was found that 113 of 150 ventilators distributed to hospitals in Maharashtra were defective, with some having serious flaws like not displaying oxygen pressure or causing patients to become hypoxic.
2) Private hospitals declined to use 41 ventilators allocated to them due to the serious threat to patients' lives from non-functional machines. Another medical college also reported that none of the ventilators provided were fit for use.
3) In contrast, 64 ventilators donated by private industries were found to be working properly. The court directed the central government lawyer to address what actions would be taken regarding
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Del hc covid order apr 20
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C)3031/2020
RAKESH MALHOTRA ..... Petitioner
Through: Petitioner in person.
versus
GOVERNMENT OF NATIONAL CAPITAL
TERRITORYOF INDIAAND ORS ..... Respondents
Through: Mr. Rahul Mehra, Sr. Advocate with
Mr. Satyakam, ASC, and Mr.
Chaitanya Gosain and, Advocate for
GNCTD.
Mr. Chetan Sharma, ASG with Ms.
Monika Arora, CGSC and Mr.
Shriram Tiwary, Advocate for R-3.
CORAM:
HON'BLEMR. JUSTICE VIPIN SANGHI
HON'BLEMS. JUSTICE REKHA PALLI
O R D E R
% 20.04.2021
1. At the outset, it is pointed out that the appearance of Mr. Rahul
Mehra, learned senior counsel representing the GNCTD and Mr. Satyakam,
ASC has not been correctly recorded in our last order dated 19.04.2021.
2. The correct position may be recorded. Mr. Satyakam, ASC states that
he is instructing. Mr. Rahul Mehra, learned senior counsel on behalf of the
GNCTD.
3. We have heard the learned Additional Solicitor General, Mr. Chetan
Digitally Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:20.04.2021 23:05
Signature Not Verified
2. Sharma, petitioner-in-person, Mr. Rakesh Malhotra, Mr. Rahul Mehra,
Learned Senior Counsel appears alongwith Mr. Satyakam on behalf of
respondent Nos. 1 & 2 as well as two senior officers of the Central
Government, namely, Ms. Roli Khare, Director and Mr. Nipun Vinayak,
Joint Secretary, Ministry of Health and Family Welfare at substantial length.
4. In terms of our order passed yesterday, the Central Government has
filed an affidavit. Mr. Mehra states that though all efforts were made to file
the affidavit on behalf of the GNCTD, the same could not be completed and,
therefore, the same has not been filed today. Let the affidavit be filed by the
GNCTD by 1:00 PM on 22.04.2021. The same shall be circulated to all the
others present in the proceedings.
5. We have perused the affidavit filed on behalf of the Central
Government, filed by Mr. Rajender Kumar, Under Secretary, Ministry of
Health and Family Welfare. The affidavit has, firstly, dealt with the aspect
of availability of COVID beds, as made available by the Central
Government in the NCT of Delhi. It discloses that in a meeting held on
09.04.2021, it was decided that 500 ICU bedded DRDO COVID Care
Hospital be established in Delhi Cantt. It is stated that 250 ICU beds have
been operationalised by DRDO and another 250 beds shall be
operationalised by 22.04.2021. It has been further decided to provide 25
medical officers and 75 paramedics to this COVID care centre from Central
Armed Paramilitary Forces.
6. The Central Government has also called upon the States and Union
Territories to provide their requirements for Ventilators in the States, so as
to consider the supply of Ventilators as per the availability at the earliest. It
Digitally Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:20.04.2021 23:05
Signature Not Verified
3. is further stated that as per the demand of the GNCTD, 763 ventilators have
been supplied by the Government of India. In addition to that, Safdarjung
Hospital has been provided with 105 ventilators, Ram Manohar Lohia
Hospital with 5 ventilators, LHMC with 5 ventilators, Ayush Hospital with
2 ventilators, ESIC Hospital with 10 ventilators and the DRDO facility has
been provided with 500 ventilators.
7. The availability of beds for COVID patients, as on 19.04.2021 in the
named Central Government run hospitals has also been provided in
paragraph 8 of the affidavit. The same add up to 1432 beds. These are apart
from 250 beds that the DRDO would make available, 250 beds in LHMC
and 36 in SafdarjungHospital, which are also being planned. She points out
that in other hospitals and facilities – other than thos detailed in the affidavit,
2105 beds have been made available by the Central Government in the NCT
of Delhi, and with the addition of these beds, the current COVID beds
allocated stand at about 4091 bed. The complete break up of these COVID
beds, should be indicated in the affidavit to be filed by the Central
Government on 22.04.2021by 01:00 p.m. The same should contain details
of ICU/ Non ICU beds, and beds with/ without oxygen, and with/ without
ventilator.
8. Mr. Mehra has submitted that last year, when the pandemic was
raging, the Central Government had made 4,112 beds available for COVID
patients in its hospitals and facilities at Delhi. He states that the number of
COVID positive patients are four times presently than the peak figures of
last year. He submits that the CentralGovernment should allocate more beds
in its hospitals and facilities for COVID patients.
Digitally Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:20.04.2021 23:05
Signature Not Verified
4. 9. Ms.Roli Khare, Director, Ministry of Health and Family Welfare has
stated that the Central Government is endeavoring to make more beds
available. She states that presently the hospitals of the Central Government
are occupied by non-covid patients in need of critical care, such as patients
who require dialysis, or suffering from cancer and other serious disease.
Considering the fact that the number of COVID patients, who are now
needing hospitals if for greater than the numbers which were turning up last
year – even during the peak of the pandemic, the Central Government
should urgently look to allocate more beds among their hospitals for COVID
patients. We direct the Central Government to look into the aspect of bed
allocation for COVID patients keeping in view the prevailing circumstances,
and report in this regard on the next date of hearing i.e. 22.04.2021.
10. The other aspect on which we have heard submissions, is the aspect of
availability of medical Oxygen in the NCT of Delhi. On this front, the
situation is rather alarming. We have been informed during the course of
hearing that the availability of Oxygen – as we pass this order, has dropped
dramatically in Hospitals. The situation is such, that the Oxygen pressure
has been reduced, to keep it going longer, with the result that serious
patients, who are in need of Oxygen have suffered drastic fall in their
Oxygen levels, which is turning out to be one of the major causes of fatality
of COVID patients.
11. Dr.Nipun Vinayak, Joint Secretary, Ministry of Health and Family
Welfare has explained to us that the Department for Promotion of Industries
and InternalTrade(DPIIT) is looking into the aspect of diversion of Oxygen
from industrial use for medical use in view of the urgent need of Oxygen.
He submits that allocations of Oxygen have been made on the basis of the
Digitally Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:20.04.2021 23:05
Signature Not Verified
5. demands made by the States, and on the basis of the formula evolved by the
experts about the requirement of Oxygen for patients suffering from
COVID. He states that the allocation for Delhi is 378 MT per day.
12. On the other hand, Mr.Mehra submits that there is grave dearth of
medical Oxygen in Delhi’s hospitals, and the requirement according to him
is 700 MT of medical Oxygen per day. He submits that there is non-
compliance of the order passed by us yesterday, whereby we required M/s
INOX to honor its contract with the GNCTD and Delhi hospital and to
supply 140 MT of Oxygen to Delhi. He states that the reason for non-
compliance is stated to be the possible law and order situation that may be
created, in case the M/s INOX were to transport the Oxygen from Uttar
Pradesh to Delhi, where the manufacturing unit of INOX is situated.
13. Mr. Vinayak has also informed us of the industries, which are
permitted to continue with the use of Oxygen. He submits that apart from
those industries, all others have been directed not to use Oxygen, so that the
same could be made available for medical use in the country. Amongst the
permitted industries, we find that the Steel and Petro-Chemicalindustries are
also included.
14. Looking to the serious and emergent situation, we call upon the
Central Government to seriously consider issuing appropriate orders in
respect of the Steel and Petro-Chemical industries, so that a balance can be
maintained between the needs of the people at large – who are suffering
from COVID and are serious, and the needs of the industries. After all, if
more and more people are going to suffer seriously from COVID – which in
turn may result in extended lockdown and closures, the purpose of full
production of Steel and Petroleum products would also be of no avail, as
Digitally Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:20.04.2021 23:05
Signature Not Verified
6. their consumption is bound to fall in that scenario. We, therefore, expect the
Central Government to urgently hold a meeting with all stakeholders
including from the Steel and Petro-Chemical industries, so that sufficient
portion of the Oxygen produced by these industries could be diverted for
medical needs for the period required to tide over the prevailing medical
emergency.
15. Mr.Vinayak has also pointed out that the Central Government had
sanctioned funds in December, 2020 to set up Pressure Swing
Adsorption(PSA) plants for production of oxygen throughout the country.
For the NCT of Delhi, eight such plants were sanctioned. He states that only
one has become operational till date, and two of the hospitals, namely,
SatyawadiRaja Harish Chandra Hospital and Vardhaman Mahavir Medical
College & Safdarjung Hospital have not yet provided the site clearance
where the PSA plant could be installed. Two of the hospitals have now
provided the site clearance and the equipment would be installed by
30.04.2021. We direct the respondents to ensure that the remaining
hospitals – who have not acted in response to the said scheme of the Central
Government, act immediately. Compliance be reported on the next date.
16. Looking to the number of COVID positive patients all over the
country, and the pattern which is emerging with regard to the spread of the
viral infection and the severity with which it is impacting people in different
States and regions, we direct the Central Government to review the
allocation of Oxygen on a dynamic basis i.e. on a day to day basis, so that its
utilization is achieved in the most efficient manner.
17. Another aspect highlighted by Mr.Vinayak is with regard to the
efficient usage of Oxygen. He points out that the State of Kerala has led by
Digitally Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:20.04.2021 23:05
Signature Not Verified
7. example in this regard, and the use of Oxygen by Kerala is most efficient,
which should be followed by all.
18. As we pass this order, we are informed that the Oxygen supplies in
various Covid hospitals in Delhi, including Sir Ganga Ram Hospital, and
Max Hospital are about to get exhausted in the next about 4-8 hours. The
decision taken by the Central Government to divert supplies from industrial
use for medical use, for some obscure reason, has been sought to be
implemented only from 22.04.2021.
19. We do not find any justification for the same. The need for oxygen is
now. Any delay in this regard would lead to loss of precious lives. We,
therefore, direct the Central Government to implement the said decision
forthwith, and make available oxygen to hospitals which are running out of
their supplies, lest there is grave loss of life suffered by patients being
treated thereat.
20. Since M/s INOX has not complied with our last order dated
19.04.2021, we direct issuance of Notice of Contempt to M/s INOX
returnable on 22.04.2021. Notice be served through email. We direct the
Managing Director/ Owner of M/s INOX to personally remain present
during the hearing on the next date of hearing. The State of UP, through the
Chief Secretary should also remain present during the hearing. Notice shall
also be issued to him.
21. On the aspect of ramping up of the testing facilities for Covid-19
through the RT-PCR test, there are certain aspects which need to be
addressed by the Central Government, and its instrumentalities. We are
informed that the equipment for setting up RT-PCR test labs are imported,
and medical equipment/ machines for which import orders have been placed,
Digitally Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:20.04.2021 23:05
Signature Not Verified
8. are being dealt with routinely at Customs Ports. It is essential that all such
medical machines/ equipments, medicines, etc. which are imported should
be handled and cleared at top priority by the Customs. We direct the Central
Government to issue necessary directions in this regard forthwith.
22. For the purpose of setting up of Covid testing facilities, the
entrepreneurs/ doctors have to obtain clearance from the Indian Council for
Medical Research (ICMR). It has been brought to our notice that the
procedure for such clearances is also highly time consuming. We do not
wish to, in any way, impinge on the authority of ICMR, and we do not
expect the ICMR to relax its standards in the matter of granting its
permissions and clearances. However, looking to the present day situation,
we direct the ICMR to give top priority for such clearances so that the RT-
PCR Labs could be set up or expanded without any delay.
23. Another aspect that has been brought to our notice, which is also
resulting in delay in preparation of RT-PCR Test Reports, is the Software
deviced for uploading of the Test results on the website. The patients who
undergo the RT-PCR test,s are required to provide their Aadhar Cards.
Despite that being the position, the testing agencies are required to fill up
detailed forms online, which take up to 15 minutes per form. We, therefore,
direct the Central Government, and the ICMR, to review the form in which
the information is required to be uploaded by the testing agencies, so as to
reduce their burden and wastage of time, as this appears to be acting as a
bottleneck in the matter of preparation of reports.
24. We have also noticed reports in newspapers about the critical
medicines required for the treatment of serious Covid-19 patients falling in
short supply, and also being sold at a premium in the black market. It
Digitally Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:20.04.2021 23:05
Signature Not Verified
9. appears that the requisite drugs are being hoarded by some unscrupulous
persons/ dealers or retailers. We direct the Central Government, and its
agencies, particularly the Drug Controller of India, to issue necessary
directions in this regard to all the licensees, and the Government should
undertake checking on a regular basis to unearth all such cases of hoarding
which is leading to scarcity of drugs in the marked for the needy patients.
Strict penal action should be taken against those indulging in such practices.
25. The affidavit filed by the Central Government discloses that – so far
as Remedesivir Drug is concerned, the Central Government has supplied
10.40 lakh vials to all the States and Union Territories during the last 9 days
(between 11th
and 19th
April), out of which 40,132 vials have been supplied
to Delhi. Meanwhile, DGCI has granted immediate permission to license
holders for manufacture of the Remedesivir at 20 additional sites, adding
production capacity of 35.3 vials/ month. It is stated that this would ramp
up the production capacity for manufacturing this drug to around 74.10 lakh
vials/ month.
26. The Central Government should dynamically review the distribution
of Remedesivir in the States and Union Territories on a daily basis, on the
basis of the need, assessed on the basis of the serious active Covid patients,
who need to be administered the said Drug. This is essential to maximise
the efficient use of the said Drug.
27. There are a number of other drugs which are being used for treatment
Covid-19 patients, such as Tocilizumab, Favipiravir, Ivermectin,
Dexamathasone, Methylprednisolone, Dalteparin, Enoxaparin, HCQ and
Baricitinib. As per news reports, there are shortages of some, if not all, of
the aforesaid drugs. Looking to the emergent situation, we direct the Central
Digitally Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:20.04.2021 23:05
Signature Not Verified
10. Government to immediately reach out to the manufacturers/ patent holders/
licensees so as to forthwith ramp up the production capacities of the above,
and all such other medications, as are essential for treatment of Covid
positive patients. We may take note of the fact that the Patents Act provides
for Compulsory Licenses under Section 84, and Special Provision for
Compulsory Licenses or Notifications by the Central Government, under
Section 92. Section 100 provides the power of the Central Government to
use inventions for purposes of the Government.
28. Looking to the present day situation, there can be no doubt that a case
is made out for exercise of its power by the Central Government/ Controller
under the aforesaid provisions of law. At the same time, the interests of the
Patent holders/ licensees should be kept in mind, since it on account of their
investments, inventions and hard work that such like medicines are made
available to the public at large. The best course would be encourage the
existing manufacturers to ramp up their production on a war footing. They
should also be encouraged to grant voluntary licenses to other entities to
manufacture the requisite drugs. However, if such efforts do not fructify
soon enough, the Government/ Controller should not hesitate to invoke their
jurisdiction and powers under the aforesaid provisions of the Patents Act,
since the lives of thousands of people are being lost each day in the country
due to COVID. The lives of the people take priority over everything else.
Even if such like powers are exercised, the patent holders/ manufacturers
can be adequately compensated by fixation of fair license fee. The Central
Government should swing into action in terms of this order in this regard
without any delay, and report progress on the next date of hearing.
29. Another aspect that we may take note of is that as per one of the
Digitally Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:20.04.2021 23:05
Signature Not Verified
11. reports, as many as about 44 lakhs vaccines have been wasted out of the 10
crores vaccines allocated to different States. This is because of the
restriction with regard to the age, or category of people who are entitled to
take the vaccine. According to the present dispensation, people who are
above 45 years of age are entitled to take the vaccine. The Government has
recently announced that from 01.05.2021, all above the age of 18 years
would be entitled to take the vaccine. In our view, wastage of even a single
dose of vaccine, when the same is proving to be life–saving, would be a
criminal waste. We are informed that each vial of the vaccine has 10 doses.
Once the vial is opened, it has to be either fully consumed, or the remainder
goes waste. It should be possible for the Government(s) to devise ways and
means so as to register volunteers who may be below the age group of 45
years, and above the age of 18 years – who could be called upon to take the
residual doses of vaccine, in case, there are doses left unutilised after, say,
05.00 P.M on each day. That would ensure that all the doses are fully
utilised, and not wasted. We may observe that this flexibility is available in
other countries such as United States of America. For this purpose, the
Government should modify their mobile COVIN application appropriately,
urgently. We direct the Government to look into this aspect forthwith and
report status on the next date.
30. List on 22.04.2021.
VIPIN SANGHI, J
REKHA PALLI, J
APRIL 20, 2021
N.Khanna/ K.D.
Digitally Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:20.04.2021 23:05
Signature Not Verified