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.
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.
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.
As Covid cases rise across several Indian states, authorities are taking steps to curb the spread. Uttar Pradesh has imposed a Sunday curfew and ordered the setting up of a 1,000-bed Covid hospital in Lucknow. Karnataka CM Yediyurappa and Union Minister Prakash Javadekar have tested positive for Covid-19. The IMD predicts a normal monsoon this year across most parts of India.
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 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.
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
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.
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.
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.
As Covid cases rise across several Indian states, authorities are taking steps to curb the spread. Uttar Pradesh has imposed a Sunday curfew and ordered the setting up of a 1,000-bed Covid hospital in Lucknow. Karnataka CM Yediyurappa and Union Minister Prakash Javadekar have tested positive for Covid-19. The IMD predicts a normal monsoon this year across most parts of India.
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 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.
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
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 the proceedings of a court hearing regarding the supply of Remdesivir and other essential drugs in Maharashtra during the COVID-19 pandemic.
The court notes a positive development where the central government increased Maharashtra's Remdesivir allocation to 435,000 vials based on the state's request. However, the court wants more information from Maharashtra on implementing the central order, appointing a nodal officer, and district-wise allocation.
The court also notes issues with some districts allowing private purchases of Remdesivir, and wants clarity on procurement methods. It seeks details from Maharashtra on supplies of other drugs like Ivermectin and plans to import Remdesivir from other countries.
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 summarizes a court order from the High Court of Judicature at Madras regarding several writ petitions related to Covid-19 management. The court notes that both Tamil Nadu and Puducherry have been able to manage the second surge, with cases and deaths decreasing. However, there are concerns about ensuring adequate oxygen supply. The court also discusses the availability of beds, the vaccine rollout plan, increasing vaccine production, prioritizing additional groups for vaccination, and mucormycosis drug shortages. The matters will be reviewed again on May 27 unless an urgent issue arises beforehand.
This document summarizes proceedings in the High Court of Patna regarding challenges related to the COVID-19 pandemic in Bihar, India. It discusses concerns around the availability and effectiveness of Remdesivir injections. Experts from AIIMS Patna state there is no evidence Remdesivir helps treat COVID-19. The court directs the state human rights commission to inspect hospitals and COVID centers to assess facilities and orders the state to develop a comprehensive pandemic response plan. It also addresses issues around oxygen availability, testing delays, and improper disposal of medical waste.
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
1) The petitioner requests the removal of the Information Commissioners of the Kerala State Information Commission under Section 17(3)(d) of the RTI Act for incompetence and indifference in discharging their duties.
2) The Commission has been flouting provisions of the RTI Act by not imposing penalties for failure to provide information on time and showing undue delay in disposing appeals and complaints.
3) There is a lack of transparency in the functioning of the Commission with no systematic method for handling cases and closed door hearings being conducted.
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.
This document summarizes proceedings in the Patna High Court regarding three writ petitions related to management of the COVID-19 situation in Bihar. It notes contradictory and puzzling data presented by the state government on availability of beds vs occupancy. It directs the state to expedite acquisition of X-ray machines and CT scan machines for COVID facilities. It notes shortage of Remdesivir injections and directs the state to curb black marketing. It directs the state to prepare a comprehensive action plan by 19 April 2021 and utilize additional private hospital infrastructure like Medanta to increase capacity.
- The Maharashtra government postponed the launch of the third phase of vaccination for 18-45 age group scheduled for May 1 due to lack of vaccine stocks.
- Nearly 80 lakh people registered for vaccination on the CoWIN portal on the first day for 18-45 age group registration, crashing the site briefly. Several states also postponed the drive due to lack of vaccine availability.
- The Delhi High Court criticized the central government's amended Covid treatment protocol limiting Remdesivir, saying it will result in more deaths. The court also questioned the low allocation of Remdesivir vials to Delhi.
The Supreme Court of India heard a contempt petition regarding the vaccination and rehabilitation of persons with mental illness.
The Court directed all states to vaccinate inmates of mental health institutions within 1 month and submit a progress report by October 15th. It noted issues with some states merely redesignating existing facilities as halfway homes instead of establishing new ones per court orders.
The Court highlighted problems with Maharashtra shifting patients to beggar homes and old age homes, directing proper relocation by November 30th. It also found fault with Uttar Pradesh redesignating old age homes as halfway homes.
To monitor progress, the Court ordered the Ministry of Social Justice and Empowerment to create an online dashboard with real
This document discusses a gas leak that occurred at an LG Polymers chemical plant in Visakhapatnam, Andhra Pradesh, India on May 7, 2020. It summarizes responses from various parties and a committee report regarding the incident. The National Green Tribunal had ordered an investigation and for LG Polymers to deposit 50 crore rupees. LG Polymers appealed this order to the Supreme Court. The Supreme Court allowed LG Polymers to argue their case before the NGT. The NGT document then summarizes responses from the Ministry of Environment, Forest and Climate Change, Andhra Pradesh Pollution Control Board, and LG Polymers. It also discusses a committee report finding failures by the company in
The order discusses a gas leak at an LG Polymers chemical plant in Visakhapatnam, India that resulted in multiple deaths. It summarizes responses from various parties on the incident, including the Ministry of Environment and Forests, Andhra Pradesh Pollution Control Board, and LG Polymers. It also summarizes the findings of an investigation committee that found LG Polymers liable for failures in properly managing the storage of hazardous chemicals. The order examines LG Polymers' objections to the jurisdiction of the tribunal and finds them without merit. It concludes that the tribunal has the power to institute sua sponte proceedings in cases of significant environmental damage and violations of public health and rights.
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.
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.
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.
This document summarizes three petitions heard by the Patna High Court regarding the right to healthcare during the COVID-19 pandemic in Bihar, India. It discusses the constitutional right to health and life under Article 21 and the state's duty to provide medical infrastructure and treatment. It notes the massive surge in COVID cases in Bihar in 2021 and orders the state to take steps to improve oxygen supply and healthcare infrastructure to treat patients.
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 proceedings in the Supreme Court of India regarding two writ petitions filed seeking a direction to provide Rs. 4 lakh ex-gratia compensation to families of those who died from COVID-19. The petitioners argued this compensation is required under disaster relief funds. The government sought time to provide details on the relevant compensation scheme and guidelines. The court granted the government 10 days to file a counter affidavit and the petitioner 3 days to file a rejoinder, scheduling the next hearing for June 11.
The document is a response from the Minister of Law and Justice to a question asked in the Lok Sabha regarding delays in judicial verdicts due to the Covid-19 pandemic. The response summarizes that disposal of cases is up to the judiciary, not the government. However, during the pandemic various steps have been taken like conducting virtual hearings, establishing committees to review prisoners eligible for release, and legal aid to expedite cases and reduce overcrowding in prisons. As a result, over 150,000 prisoners have been released on interim bail, parole or remission since the start of the pandemic.
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 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 government document sets rates for treatment of COVID-19 patients in private hospitals in Kerala for walk-in patients not covered by insurance. It establishes rates for general ward, HDU, ICU, and ICU with ventilator care. Rates are higher for hospitals accredited by NABH. The rates cover most treatment costs but exclude some high-end tests, medications, and PPE. Hospitals must display rates publicly and adhere to them. District officials will address overcharging complaints and enforce the rates.
This document summarizes the proceedings of a court hearing regarding the supply of Remdesivir and other essential drugs in Maharashtra during the COVID-19 pandemic.
The court notes a positive development where the central government increased Maharashtra's Remdesivir allocation to 435,000 vials based on the state's request. However, the court wants more information from Maharashtra on implementing the central order, appointing a nodal officer, and district-wise allocation.
The court also notes issues with some districts allowing private purchases of Remdesivir, and wants clarity on procurement methods. It seeks details from Maharashtra on supplies of other drugs like Ivermectin and plans to import Remdesivir from other countries.
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 summarizes a court order from the High Court of Judicature at Madras regarding several writ petitions related to Covid-19 management. The court notes that both Tamil Nadu and Puducherry have been able to manage the second surge, with cases and deaths decreasing. However, there are concerns about ensuring adequate oxygen supply. The court also discusses the availability of beds, the vaccine rollout plan, increasing vaccine production, prioritizing additional groups for vaccination, and mucormycosis drug shortages. The matters will be reviewed again on May 27 unless an urgent issue arises beforehand.
This document summarizes proceedings in the High Court of Patna regarding challenges related to the COVID-19 pandemic in Bihar, India. It discusses concerns around the availability and effectiveness of Remdesivir injections. Experts from AIIMS Patna state there is no evidence Remdesivir helps treat COVID-19. The court directs the state human rights commission to inspect hospitals and COVID centers to assess facilities and orders the state to develop a comprehensive pandemic response plan. It also addresses issues around oxygen availability, testing delays, and improper disposal of medical waste.
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
1) The petitioner requests the removal of the Information Commissioners of the Kerala State Information Commission under Section 17(3)(d) of the RTI Act for incompetence and indifference in discharging their duties.
2) The Commission has been flouting provisions of the RTI Act by not imposing penalties for failure to provide information on time and showing undue delay in disposing appeals and complaints.
3) There is a lack of transparency in the functioning of the Commission with no systematic method for handling cases and closed door hearings being conducted.
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.
This document summarizes proceedings in the Patna High Court regarding three writ petitions related to management of the COVID-19 situation in Bihar. It notes contradictory and puzzling data presented by the state government on availability of beds vs occupancy. It directs the state to expedite acquisition of X-ray machines and CT scan machines for COVID facilities. It notes shortage of Remdesivir injections and directs the state to curb black marketing. It directs the state to prepare a comprehensive action plan by 19 April 2021 and utilize additional private hospital infrastructure like Medanta to increase capacity.
- The Maharashtra government postponed the launch of the third phase of vaccination for 18-45 age group scheduled for May 1 due to lack of vaccine stocks.
- Nearly 80 lakh people registered for vaccination on the CoWIN portal on the first day for 18-45 age group registration, crashing the site briefly. Several states also postponed the drive due to lack of vaccine availability.
- The Delhi High Court criticized the central government's amended Covid treatment protocol limiting Remdesivir, saying it will result in more deaths. The court also questioned the low allocation of Remdesivir vials to Delhi.
The Supreme Court of India heard a contempt petition regarding the vaccination and rehabilitation of persons with mental illness.
The Court directed all states to vaccinate inmates of mental health institutions within 1 month and submit a progress report by October 15th. It noted issues with some states merely redesignating existing facilities as halfway homes instead of establishing new ones per court orders.
The Court highlighted problems with Maharashtra shifting patients to beggar homes and old age homes, directing proper relocation by November 30th. It also found fault with Uttar Pradesh redesignating old age homes as halfway homes.
To monitor progress, the Court ordered the Ministry of Social Justice and Empowerment to create an online dashboard with real
This document discusses a gas leak that occurred at an LG Polymers chemical plant in Visakhapatnam, Andhra Pradesh, India on May 7, 2020. It summarizes responses from various parties and a committee report regarding the incident. The National Green Tribunal had ordered an investigation and for LG Polymers to deposit 50 crore rupees. LG Polymers appealed this order to the Supreme Court. The Supreme Court allowed LG Polymers to argue their case before the NGT. The NGT document then summarizes responses from the Ministry of Environment, Forest and Climate Change, Andhra Pradesh Pollution Control Board, and LG Polymers. It also discusses a committee report finding failures by the company in
The order discusses a gas leak at an LG Polymers chemical plant in Visakhapatnam, India that resulted in multiple deaths. It summarizes responses from various parties on the incident, including the Ministry of Environment and Forests, Andhra Pradesh Pollution Control Board, and LG Polymers. It also summarizes the findings of an investigation committee that found LG Polymers liable for failures in properly managing the storage of hazardous chemicals. The order examines LG Polymers' objections to the jurisdiction of the tribunal and finds them without merit. It concludes that the tribunal has the power to institute sua sponte proceedings in cases of significant environmental damage and violations of public health and rights.
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.
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.
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.
This document summarizes three petitions heard by the Patna High Court regarding the right to healthcare during the COVID-19 pandemic in Bihar, India. It discusses the constitutional right to health and life under Article 21 and the state's duty to provide medical infrastructure and treatment. It notes the massive surge in COVID cases in Bihar in 2021 and orders the state to take steps to improve oxygen supply and healthcare infrastructure to treat patients.
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 proceedings in the Supreme Court of India regarding two writ petitions filed seeking a direction to provide Rs. 4 lakh ex-gratia compensation to families of those who died from COVID-19. The petitioners argued this compensation is required under disaster relief funds. The government sought time to provide details on the relevant compensation scheme and guidelines. The court granted the government 10 days to file a counter affidavit and the petitioner 3 days to file a rejoinder, scheduling the next hearing for June 11.
The document is a response from the Minister of Law and Justice to a question asked in the Lok Sabha regarding delays in judicial verdicts due to the Covid-19 pandemic. The response summarizes that disposal of cases is up to the judiciary, not the government. However, during the pandemic various steps have been taken like conducting virtual hearings, establishing committees to review prisoners eligible for release, and legal aid to expedite cases and reduce overcrowding in prisons. As a result, over 150,000 prisoners have been released on interim bail, parole or remission since the start of the pandemic.
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 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 government document sets rates for treatment of COVID-19 patients in private hospitals in Kerala for walk-in patients not covered by insurance. It establishes rates for general ward, HDU, ICU, and ICU with ventilator care. Rates are higher for hospitals accredited by NABH. The rates cover most treatment costs but exclude some high-end tests, medications, and PPE. Hospitals must display rates publicly and adhere to them. District officials will address overcharging complaints and enforce the rates.
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 court document discusses the COVID-19 situation in Tamil Nadu and Puducherry. It notes the current number of infected patients and available hospital beds. It also addresses concerns around oxygen supplies, availability of Remdesivir drugs and vaccines. The court expresses hope that more details on drug and vaccine supplies will be provided to the state. It emphasizes the need for all parties to adhere to Election Commission guidelines during vote counting on May 2 to prevent further spread of the virus.
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.
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.
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.
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 Kerala granted a stay on the operation of an order by the Chief Electoral Officer that deferred a proposal by the State of Kerala to distribute 10kg of rice at Rs. 15/kg to non-priority ration card holders in March and April 2021. The Court summarized the documents and arguments presented, and found that the proposal could not be prohibited by the model code of conduct as the decision for distribution was taken as early as February 4, 2021 based on the state budget and before the elections were contemplated. However, the Court specified the distribution must be done without any ostentatious functions that could influence voters.
The document summarizes proceedings from a court hearing regarding the supply of Remdesivir and oxygen in Nagpur, India amid the COVID-19 pandemic. The court heard from government officials and medical experts. It directed authorities to distribute thousands of Remdesivir vials received and expected. It also ordered the restoration of oxygen supplies that had been reduced, and monitoring to prevent shortages. Officials were told to comply with previous orders and provide updates on drug supplies at the next hearing.
This document summarizes a Supreme Court of India case regarding oral remarks made by the Madras High Court about the Election Commission of India (ECI) during an election-related hearing. The key points are:
1) The Madras High Court allegedly made oral remarks criticizing the ECI for not enforcing COVID-19 protocols during elections, saying the ECI was "singularly responsible" for the second wave and "should be put up for murder charges."
2) The ECI filed a petition challenging these oral remarks, arguing they were made without evidence and prejudiced the ECI.
3) The Supreme Court must balance judicial freedom of expression, media reporting of courts, and accountability of constitutional bodies
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 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.
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.
On January 2, 2024, the Ministry of Health issued Decision No. 04/QD-BYT regarding the designation of units for assessment of the Common Technical Dossier on medical devices according to the ASEAN regulations.
The decision includes:
1. Designation of units responsible for assessment of the Common Technical Dossier by the ASEAN regulations:
- For documentation related to the issuance of circulation numbers for medical devices that are not in vitro diagnostic medical devices: Institute of Medical Device and Health Works.
- For documentation related to the issuance of circulation numbers for in vitro diagnostic medical devices: National Testing Institute for Vaccine and Medical Biologicals.
2. Valid date of the Decision: January 2, 2024.
This document discusses a report submitted by a three-member expert committee on the infrastructure and resources available for treating COVID-19 patients in Bihar. The committee found most facilities to be adequately equipped except for ESIC Medical College and Hospital in Bihta. The hospital's dean filed an affidavit pointing to deficiencies in oxygen supply, testing facilities, medical equipment and staffing. The court directed the liaison officer and Army Medical Corp to file affidavits within days on steps taken to address the issues at ESIC hospital specifically regarding infrastructure, equipment and skilled human resources.
The Tribunal considered an application seeking to quash an order by the State of Haryana that allowed formaldehyde manufacturing units to operate for six months without environmental clearance. The Tribunal found that prior environmental clearance is mandatory under applicable laws and regulations. It held that the State does not have the power to exempt this requirement or allow units to operate without environmental clearance. While acknowledging the units' applications for clearance and bona fide operation until now, the Tribunal affirmed that obtaining statutory clearances is necessary to legally continue operations. The application was disposed while leaving authorities discretion over compliance and enforcement actions.
1. The families of prisoners held in Taloja Central Prison and Byculla Women's Prison wrote a letter regarding the discontinuation of weekly telephone interviews for family members when physical visits resume.
2. They expressed concern that discontinuing phone calls would cause problems for out-of-town family members who cannot easily travel to Mumbai for physical visits, as well as economically weak and elderly relatives.
3. The letter requested that phone interviews be allowed to continue in a hybrid model, where Mumbai-based relatives could choose a physical or phone visit, to ensure prisoners' right to communicate with family and advocates as guaranteed by the Indian Constitution.
The High Court of Tripura issued an order directing the State of Tripura Aids Control Society to be impleaded as a respondent. The State and Union of India were directed to issue guidelines to conduct a thorough research of all persons in State prisons to ascertain if any are infected with HIV. If any infected persons are found, necessary action must be taken for their treatment and care in accordance with law to prevent an epidemic. A report on the matter must be submitted to the court by November 9, 2021. The court also requested an Amicus Curiae to assist and oversee the matter.
Report vigilantism and attack on the freedom of religion in meerutZahidManiyar
This document summarizes an incident of communal violence and vigilantism in Meerut, Uttar Pradesh, India. It discusses the history of communal tensions and riots in Meerut dating back to the 1930s. On September 20, 2017, two members of the Jehovah's Witnesses religious group were invited into a Hindu man's home but then detained against their will for over an hour, assaulted, and handed over to the police with false allegations of forced conversion efforts. The police refused to register a complaint about the assault and illegally detained the victims overnight without medical treatment. The document analyzes this incident as an example of the shift in India to smaller scale vigilantism targeting religious minorities, with the tacit support
Christians under attack_in_india_reportZahidManiyar
The document provides a summary of attacks on Christians in India, including two specific incidents in Roorkee and Mau, Uttar Pradesh:
1) In Roorkee, a mob of 250-300 people attacked a church, injuring several attendees. Police did not provide security despite prior complaints.
2) In Mau, a mob accused Christians of conversion during a prayer meeting. Seven people including the pastor were arrested under anti-conversion laws.
It also lists other incidents of threats, violence and false accusations against Christians in various parts of Uttar Pradesh, Madhya Pradesh and other states, indicating growing targeted attacks against the Christian minority in India.
The document discusses an application for bail filed by Sharjeel Imam. It summarizes the key details of the case, including the charges against Imam related to speeches he delivered on December 13th and 15th, 2019 regarding protests against the Citizenship Amendment Act. While the prosecution argues Imam's speeches incited violence, the judge found the evidence linking Imam's speeches to subsequent acts of violence by co-accused to be scanty and inconclusive. The judge granted Imam bail for offenses related to inciting violence but will further examine charges of sedition against Imam.
The document discusses a bail application hearing for Sharjeel Imam. It summarizes the key details of the case, including the charges against Imam related to speeches he delivered on December 13th and 15th, 2019 regarding protests against the Citizenship Amendment Act. It notes that while the prosecution argues Imam's speeches incited violence, the defense argues there is no evidence linking Imam's words to any criminal acts. In its ruling, the court finds the evidence against Imam for abetting offenses to be insufficient and scanty.
This document summarizes a court case revision petition hearing. The judge stayed the operation of the previous court order from October 12, 2021 until the next hearing date of November 12, 2021. The revision petition notice was ordered to be issued to the respondents. The trial court record was reviewed and the special public prosecutor and police inspector were present to provide submissions.
This document is a court order from a case involving multiple accused persons. It summarizes proceedings from a hearing where the prosecution requested more time for further investigation into the case. The court allowed more time but imposed a cost of Rs. 25,000 to be split among the accused, noting delays in the investigation. It also ordered the Secretary of Home Affairs to inquire about responsibility for the costs being imposed and deducting the amount from the responsible officer's salary. The case was adjourned to a future date for further proceedings.
The Archbishop of Bangalore expresses concern over the Karnataka government's plan to survey Christian missionaries and places of worship. He argues that such surveys could unfairly target and endanger the Christian community. The Archbishop questions why only Christians are being surveyed, noting that Christians constitute a small percentage of the population. He calls on the government to respect constitutional protections of religious freedom and consider the educational and social services provided by Christian institutions instead of pursuing anti-conversion policies.
For website 211014 cjp-ncm complaint over muslim family in indore chairperson...ZahidManiyar
The complaint alleges that a Muslim family in Indore, Madhya Pradesh was attacked by a mob of 150 people associated with the RSS on October 9, 2021. The family was threatened and told to leave the village. Family members sustained head injuries and their house was ransacked. The police delayed registering an FIR and instead filed a counter-complaint against the family. The complaint cites other recent incidents of violence and harassment against Muslims in Indore and calls on the National Commission for Minorities to investigate and take action to prevent further attacks.
For website 211013 cjp ncm complaint over nun attacks to vice chairman (1)ZahidManiyar
The complaint alleges that on October 10, 2021 in Mau, Uttar Pradesh, two incidents occurred where Christian religious gatherings were disrupted by Hindu nationalist mobs. In one incident, two nuns were attacked, dragged to the police station and detained for hours on baseless allegations of religious conversion. In another incident, a Christian prayer service was raided and the pastor and congregants were taken to the police station. The complaint urges the National Commission for Minorities to investigate these attacks, ensure protection for religious minorities, condemn the attacks and pressure authorities to take swift action. It notes a pattern of increasing attacks on Christians in India by Hindu nationalist groups.
For website 21103 cjp ncm complaint over nun attacks to chairperson (1)ZahidManiyar
1. Citizens for Justice and Peace wrote to the National Commission for Minorities regarding two attacks on Christians in Mau, Uttar Pradesh on October 10, 2021. In the first incident, a mob attacked two nuns and their driver at a bus stand and took them to the police station. In the second incident, a mob disrupted a Christian prayer service and took the pastor and worshippers to the police station.
2. The letter requests that the Commission conduct an inquiry into the attacks, ensure protection for religious minorities, condemn the attacks and urge police to take action, and issue guidelines for dealing with communally motivated attacks. It argues that such attacks violate constitutional rights and aim to subjugate minority communities through fear.
The document is a response letter from the All India Union of Forest Working People (AIUFWP) regarding the draft EIA Notification 2020. The key points made in the letter are:
1) The AIUFWP demands a complete withdrawal of the draft EIA Notification 2020 as it weakens environmental protections and public participation in decision making.
2) The draft was released during a national lockdown without proper accessibility or consideration of forest communities who will be most impacted.
3) Weakening environmental regulations could exacerbate future pandemics by further damaging nature.
4) The draft favors industries and projects over environmental protection by reducing scrutiny and exempting many from public hearings and consent requirements.
The applicant Maulana Fazlul Karim Qasimi was arrested in August 2021 for a Facebook post expressing the view that the Taliban in Afghanistan are not terrorists. The applicant's lawyer argued that the court had granted bail to someone in a similar case for expressing such an opinion. While reviewing the case diary, the court found nothing incriminating against the applicant beyond the Facebook post. Given the lack of other evidence, the court doubted if the post alone constituted a cognizable offense. Therefore, the court directed that the applicant be released on bail on furnishing a bond, finding further custody unnecessary in this case.
The document is a 3-page court order from the Gauhati High Court regarding a bail application filed by Maqbool Alam, who was charged with several offenses including praising a terrorist organization on Facebook. The court heard arguments from Alam's lawyer and the public prosecutor. Upon reviewing the Facebook posts and finding that they did not require further custodial interrogation, the court granted bail to Alam subject to furnishing a bond and ensuring he does not interfere with the investigation.
Kerala hc order d rajagopal-v-ayyappan-anr-402210ZahidManiyar
This document summarizes two criminal revision petitions filed in the High Court of Kerala against judgments from lower courts. The lower courts had found police officers guilty of assaulting a complainant while he was in custody. The police officers argue on appeal that the lower courts erred in not requiring sanction from the state government before prosecuting public servants. The High Court examines the evidence and finds that the injuries occurred while the complainant was in police custody, supporting his allegation that police assaulted him at the police station lockup. Medical evidence also supports the complainant's version of events. The High Court dismisses the criminal revision petitions filed by the police officers.
The Kashmiri Pandit Sangarash Samiti (KPSS) wrote a letter to the Lieutenant Governor of Jammu and Kashmir regarding the security of non-migrant Kashmiri Pandits and Hindus living in the Kashmir Valley. KPSS has submitted communications over the past year requesting a meeting about this issue, but their requests have been ignored. Over the past 10 days, intelligence reports indicate prominent Kashmiri Pandit/Hindu businessmen will be targeted, and one was killed on October 5th. KPSS warns that if another Pandit/Hindu is killed due to administrative and security failures, they will file a petition with the International Human Rights Commission and launch a signature campaign against the administration for neglect
Lakhimpur kheri press statement from ct_us_06102021ZahidManiyar
The Central Trade Unions strongly condemned the killing of farmers protesting in Lakhimpur Kheri, Uttar Pradesh. They demanded the resignation of the Minister of State for Home and stringent punishment for the culprits. The trade unions also condemned the police for preventing opposition leaders and union leaders from visiting the families of the deceased. They reiterated their support for farmers in their struggle against the farm laws.
This document summarizes a court order from a Public Interest Litigation case in the State of Uttar Pradesh, India. The order lists several related cases to be heard together on October 22nd. It notes that two specific cases were not listed as directed in a previous order and threatens action against the responsible registry officer. It also directs the respondents to provide the petitioner's counsel a copy of the counter affidavit filed in connected writ petitions.
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.
Acolyte Episodes review (TV series) The Acolyte. Learn about the influence of the program on the Star Wars world, as well as new characters and story twists.
Essential Tools for Modern PR Business .pptxPragencyuk
Discover the essential tools and strategies for modern PR business success. Learn how to craft compelling news releases, leverage press release sites and news wires, stay updated with PR news, and integrate effective PR practices to enhance your brand's visibility and credibility. Elevate your PR efforts with our comprehensive guide.
El Puerto de Algeciras continúa un año más como el más eficiente del continente europeo y vuelve a situarse en el “top ten” mundial, según el informe The Container Port Performance Index 2023 (CPPI), elaborado por el Banco Mundial y la consultora S&P Global.
El informe CPPI utiliza dos enfoques metodológicos diferentes para calcular la clasificación del índice: uno administrativo o técnico y otro estadístico, basado en análisis factorial (FA). Según los autores, esta dualidad pretende asegurar una clasificación que refleje con precisión el rendimiento real del puerto, a la vez que sea estadísticamente sólida. En esta edición del informe CPPI 2023, se han empleado los mismos enfoques metodológicos y se ha aplicado un método de agregación de clasificaciones para combinar los resultados de ambos enfoques y obtener una clasificación agregada.
Here is Gabe Whitley's response to my defamation lawsuit for him calling me a rapist and perjurer in court documents.
You have to read it to believe it, but after you read it, you won't believe it. And I included eight examples of defamatory statements/
An astonishing, first-of-its-kind, report by the NYT assessing damage in Ukraine. Even if the war ends tomorrow, in many places there will be nothing to go back to.
1. C/WPPIL/53/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 53 of 2021
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2021
In R/WRIT PETITION (PIL) NO. 53 of 2021
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 2 of 2021
In R/WRIT PETITION (PIL) NO. 53 of 2021
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 3 of 2021
In R/WRIT PETITION (PIL) NO. 53 of 2021
==========================================================
SUO MOTU
Versus
STATE OF GUJARAT
==========================================================
Appearance:
SUO MOTU(25) for the Applicant(s) No. 1
for the Opponent(s) No. 2,3,4
MS MANISHA LAVKUMAR, GOVERNMENT PLEADER WITH MR CHINTAN DAVE
& MR DHARMESH DEVNANI, AGPs (1) for the Opponent(s) No. 1
MR DEVANG VYAS, ADDL. SOLICITOR GENERAL OF INDIA
MR PERCY KAVINA,SENIOR ADVOCATE WITH MR RASESH PARIKH for the
Applicant in Civil Application No.2 of 2021
MR AJ YAGNIK, ADVOCATE for Applicant in Civil Application No.1 of 2021
MR AUM KOTWAL, ADVOCATE for Applicant in Civil Application No.3 of 2021
==========================================================
CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
VIKRAM NATH
and
HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 20/04/2021
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)
1. We have heard Ms. Manisha Lavkumar, learned
Government Pleader assisted by Shri Dharmesh Devnani
and Shri Chintan Dave, learned Assistant Government
Pleaders for the State, Shri Percy Kavina, learned Senior
Advocate assisted by Shri Rasesh Parikh, learned counsel
representing the Gujarat High Court Advocates Association
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2. C/WPPIL/53/2021 ORDER
and also representing the cause of all other Advocates and
parties showing interest in this matter.
2. Pursuant to our order dated 15.04.2021, an affidavit-
in-reply has been filed on behalf of the State respondents
duly sworn by the Principal Secretary, Department of Health
and Family Welfare, Government of Gujarat. The affidavit
covers most of the issues flagged in the order of the Court
dated 15.04.2021 on which response was sought.
3. Ms. Manisha Lavkumar, learned Government Pleader
after reaffirming the commitment of the Government of
Gujarat in its fight against the second wave of the COVID-
19 pandemic and all out efforts to ensure coordinated and
systematic response to the hardship being faced by the
public at large and to utilize the available facilities in the
best possible manner within the constraints of the
resources, drew our attention to the affidavit-in-reply which
deals in detail the issues relating to testing facilities, drugs
and treatment, Remdesivir injections, physical
infrastructure, availability of oxygen, data broadcasting and
public interaction.
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3. C/WPPIL/53/2021 ORDER
4. We will briefly refer to the salient features as they
emerge from the affidavit-in-reply.
(A) Covid Testing :
Efforts are being made to enhance the testing capacity
by requesting the private laboratories to enhance their
testing capacity. The Government and the
Corporations are also helping these private
laboratories by providing human resource to maximize
their output. A request in this regard has been sent by
the Commissioner of Health on 18.04.2021 to the
private laboratories in the State.
As on date, every district in the State has RTPCR
testing facility either through RTPCR machines or
TrueNAT and CBNAT machines. There are 98 Covid
testing laboratories functioning in the State, out of
which 43 are government and 55 are private
laboratories.
26 Research Laboratories working under different
universities in the State have been requested to carry
out Covid-19 testing for which a letter has been sent
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4. C/WPPIL/53/2021 ORDER
on 18.04.2021 by the Commissioner of Health.
In the district where TrueNAT and CBNAT machines
are functional, the State has further decided to set up
RTPCR machines also, for which immediate steps are
in process. This include the 12 districts of the State
namely Arvalli, Mahisagar, Panchmahal, Chhota
Udepur, Narmada, Bharuch, Tapi, Navsari, Dang,
Botad, Gir Somnath and Devbhoomi Dwarka. In
district Morbi, RTPCR machine has been made
functional at the General Hospital since 13.04.2021.
Insofar as the setting up of laboratories equipped with
RTPCR machines in Taluka and Nagarpalikas is
concerned, for the present the State finds it difficult to
set up the same for various logistic reasons, however,
arrangement has already been made for collection of
the samples by using Viral Transport Media (VTMs) to
the nearest Testing Center at district head quarters.
In the tribal belt and the districts having tribal
population, testing through RTPCR facility is already
made available, may be through RTPCR machines or
TrueNAT and CBNAT machines.
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5. C/WPPIL/53/2021 ORDER
The efficacy and accuracy of TrueNAT, CBNAT and
RTPCR are at par as per the experts.
The figures of testing in the State has already been
provided. Total number of tests carried out from
01.04.2021 to 18.04.2021 are 24,69,625, out of which
9,70,236 are RTPCR tests.
The State has already added 19 more machines and 40
more have been ordered for RTPCR testing which
would be made operational within the shortest possible
time.
The Government of India is also providing testing
machines for enhancement which will be functional by
first week of May, 2021.
The State is also taking up the setting up of RTPCR
laboratories through public-private partnership for
which needful would be done shortly.
The Ahmedabad Municipal Corporation in addition to
the Drive Through Testing at GMDC ground which is
functional from 14.04.2021, is setting up additional
two Drive Through Testing facilities at Vastral and
Maninagar, Ahmedabad.
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6. C/WPPIL/53/2021 ORDER
(B) Drug and Logistics; Remdesivir availability,
administration etc.
The State has duly collated the guidelines issued by
ICMR and WHO regarding the use of Remdesivir
injection and published the same in all daily
newspapers on 19.04.2021. In addition to it, press
conferences, interviews, TV shows etc. have also been
held by the State officials and experts regarding the
use, protocol, SOP and side effects of the Remdesivir
injection. The advisory has also been published in the
official website of the Health and Family Welfare
Department, Government of Gujarat and circulated to
all private hospitals through Indian Medical
Association.
It is admitted that there is a short supply of the
Remdesivir injection. However, the best use of the
available stock of the injection is being made for the
most needy patients as per the guidelines issued from
time to time.
The State has already taken steps for procuring greater
number of Remdesivir injections so that there are no
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7. C/WPPIL/53/2021 ORDER
shortfalls in future. However, it takes a little while for
the supply to be delivered. Figures have been given of
the quantity received and the quantity ordered. Under
the orders of the State Government, all District
Collectors have been directed to set up control rooms
and helpline numbers for monitoring and distribution
of Remdesivir injections considering the priorities laid
down by the government. These control rooms and
helpline numbers would be operational in the coming
days.
The Police Department in coordination with the Food
and Drug Control Authority are keeping an eye on
illegal stocking and trading of the injections.
A mechanism has been set up to provide Remdesivir
injections to private hospitals also.
A Circular has been issued on 17.04.2021 permitting
Remdesivir injection being administered to patients
who have been tested positive not only through RTPCR
test but also through Rapid Antigen Test and CT Scan.
(C) Interactive Meetings and conference held to assess and
evaluate ground realities and motivate every organ of
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8. C/WPPIL/53/2021 ORDER
the government to put in their very best to defeat
COVID-19.
Regular meetings, visits and review are being carried
out under the direct supervision of the top level leaders
and the Core Committee constituted for the purpose in
order to boost the morale of the officers, medical and
para-medical staff.
The Collectors and Municipal Commissioners have
been requested to assist in increasing the number of
beds and to provide doctors for treatment, in close
coordination with the Indian Medical Association
branches in every district.
(D) Physical Infrastructure : Availability of beds and
occupancy details :
All patients with symptoms requiring immediate
attention are admitted and kept in a separate ward
known as ‘Suspect Case Ward’. There they are
administered emergency treatment and further
referred for further action as may be necessary. Such
admissions are irrespective of whether a patient has
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9. C/WPPIL/53/2021 ORDER
undergone a Rapid Antigen Test, RTPCR Test or CT
Scan. This admission in the Suspect Care Ward is
totally based on symptoms.
Details of the beds available in the Designated Covid
Hospitals, Designated Covid Care Centers and Covid
Care Centres have also been provided.
Further details of the efforts to increase the number of
beds under different categories are also given and
according to the figures, by 30.04.2021 by adding
additional 20,000 beds to the existing about 80,000
beds, there would be total approximately 1,00,000
beds available.
Occupancy figures of the beds in the hospital is also
provided by way of a detailed chart of every district in
the three categories of facilities mentioned above.
Covid Care Centres are being set up in hotels, hostels
and community halls where asymptomatic or mild
symptomatic patients are treated.
The issue relating to real time updation of data of
availability of beds in different facilities under different
categories is being set up by the State through its own
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10. C/WPPIL/53/2021 ORDER
official website, however, it would take some time for
the software to be developed and its integration with
the official website of the Health and Family Welfare
Department. Details have been provided as to how the
Municipal Corporations are updating their data as of
date.
(E) Availability of Oxygen :
All out efforts are being made by the State to procure
more oxygen. The status appears to be more or less the
same as it was in the previous order. Industrial oxygen
cylinders (nearly 2000 in number) have been procured
and after due process it is being made available for use
as medical oxygen across the State.
(F) Data broadcasting :
The official dashboard which is updated regularly on
daily basis displays the following details :
a) Active case
b) Recovered Case
c) Deaths
d) Total Cases
e) No. of Tests done
f) No. of Positive tests
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11. C/WPPIL/53/2021 ORDER
g) No. of Beds Total, Vacant and Occupied.
h) No. of Containment Zones.
i) Details of COVID Vaccination.
5. Ms. Manisha Lavkumar, learned Government Pleader
assured the Court that the State will leave no stone
unturned and do its best in order to serve the people of the
State in these difficult times in the best possible manner,
despite the fact that the doctors, para-medical staff,
frontline warriors, administration have also suffered at the
hands of Covid-19 in terms of loss of health and life, but
still the entire team is committed and is doing its best. She
has also assured that they would still continue with their
best efforts. She has also submitted that other Non-
governmental Organizations, religious organizations and
public at large are coming forward to extend all help. She
submitted that although limited in resources but still
whatever is available is being utilized in the best possible
manner.
6. Shri Percy Kavina, learned Senior Counsel assisted by
Shri Rasesh Parikh, learned counsel, highlighted certain
issues on the basis of inputs received from all over and also
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12. C/WPPIL/53/2021 ORDER
based on the affidavit submitted by the State. According to
him, it invited the suggestions of the members of the
applicant association as also the public at large and in
response received 75 emails not only from members of the
applicant association but also from the citizens belonging to
other professions. It is also submitted that the inputs are
not only from the city of Ahmedabad but also from other
similar big and small cities in the State like Vadodara and
Rajkot. The same have been briefly outlined in paragraphs-2
to 5 of the document filed before the Court today which
according to Shri Kavina is the gist of the emails received.
The same are reproduced below :
“2. The Applicant states that language apart, there is
overwhelming input in relation to following:
a. Government of Gujarat must increase
testing facilities across Gujarat. There are
instances that have highlighted that in rural
Gujarat viz. Talod, Dhansura, there is no RTPCR
testing facility and people have to travel a lot for
testing and have to wait for more than 3- 4 days
for reports.
b. Supply of oxygen and Remdesivir injection
should be increased on urgent basis and there
should not be any bottlenecks in supply of these
essential items for treatment of Covid-19. It is
emphatically stated that State must ensure that
there is no blackmarketing of Remdesivir and
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13. C/WPPIL/53/2021 ORDER
supply of oxygen and patients across Gujarat
must get it.
c. Government cannot prevail upon wisdom of
the medical professional while prescribing
Remdesivir. It is suggested that because
Government of Gujarat wants to reduce demand
for Remdesivir as its scarcity has brought
uncomfortable situation, there should not be
campaign to demonstrate side effects of
Remdesivir. Even Doctors have stated that
whatever be the side effects, Remdesivir shows
immediate results in patients that are suffering
from low saturation of oxygen. Therefore, efforts
should be to ramp up supply of Remdesivir
injection.
d. Remdesivir injection should be available to
all hospitals and patients should not be asked to
purchase the same. In fact, there should not be
problems in procuring Remdesivir or oxygen for
patients who are getting treatment at home. The
availability of these two things should be
seamless and unconditional.
e. Citizens have also complained about
disproportionate charges charged by hospitals. It
is reported that hospitals are charging under
various heads and it is beyond reach of common
man especially family where more than 1 or 2
people are infected. Insurance companies be
directed to expedite the claims.
f. There is suggestion to reduce charges of
RTPCR Test for vegetable vendors and hawkers.
Some citizens are of the view that although they
are labelled as ‘superspreaders’, neither they have
financial wherewithal to get them tested nor do
they have means for treatment.
g. 108 EMRI services is overused and stressed.
Citizens have stated that services of private
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ambulances, taxis and in case of need tie-up with
private sector caboperator should be made. In
fact, one of the citizen has suggested that it is
immaterial for the hospital to inquire whether
patient has come in private vehicle or 108 EMRI
ambulance.
h. Transparency in data. In fact, after order
dated 15.04.2021, the issue is no more in debate
that there is no credibility of the data by
Government of Gujarat with respect to patients of
Covid-19. In fact this is root cause of current
crisis as never ever correct data is disseminated
in the public. Resultantly, manufacturer of
medicine including Remdesivir and oxygen were
never sure about their production capabilities,
stockiest never stocked medicines etc. The
dissemination of correct data is hugely requested
by citizens.
i. The citizens are upset by moving from one
hospital to another in search for vacancy and
therefore emphasis is on ‘real-time data’ about
availability in hospital and their stock. One of the
citizens said that there should be dedicated
person in hospital who only reports to IT cell of
Ahmedabad Municipal Corporation or public
authority and supplies real time data to public
authority who in turn transmit the same via
portal or website.
3. The other suggestions are as under:
a. Myth busting and spread of knowledge is by
private entity viz. FM radio interview and TV
channels interview. Government of Gujarat is not
coming out with videos of doctors to spread
knowledge and people are relying solely on
whatsapp and other social networking sites.
b. Government of Gujarat must come out with
Standard Procedure for treatment of Covid-19.
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This procedure should be widely published not
only amongst doctors but also public at large.
c. It is reported that one of the public hospital
was not admitting patients inspite of the fact that
as many as 200 beds were vacant as they all were
reserved for “VVIPs”. The citizen who gave input
also later on informed that said hospital has now
started admitting patients.
d. It is reported that in public hospitals, ICU
facilities are in dreadful conditions. It is reported
that stray dogs are roaming in ICU facilities in
public hospitals. Someone has reported that even
oxygen supply is cut-off by ward boy and staff is
chit-chatting without paying heed to patients
condition. To get over these kinds of complaint, it
is suggested that CCTV cameras should be
installed in public hospitals.
e. People have also requested for lockdown
ranging from 3 days to 15 days.
f. Citizens have requested that public halls,
amusement parks, schools, colleges should be
converted into Covid-19 care center so as reduce
stress on hospitals.
g. It is also reported that there is huge vacancy
with Government of Gujarat in health
department. The recruitment process should be
set in motion on urgent basis.
h. Government must uniformly implement
SOPs of Covid19. Citizens complaint that
common man is penalized by Rs.1,000/- if mask
is just below nose whereas people with political
background get away with flagrant breach of
SOPs. Strict action should be taken against
breach of SOPs of Covid-19. In support of this,
example is given whereby Vice President of
Ghogambhaa Panchayat collected huge crowd for
marriage and when complaint was made, vague
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16. C/WPPIL/53/2021 ORDER
response was given that ‘matter is under
investigation’.
i. One of the citizen has sought relief for
tenants who cannot pay during this period and
they may not face eviction.
j. Customer Care numbers with 15-20 lines
should be set up by Government of Gujarat to
cater the needs of citizens where they can ask for
any information concerning treatment.
4. The detail summary of the emails is annexed
hereto and marked as Exhibit – 1.
Analysis of the affidavit filed by Government
of Gujarat
5. The affidavit of Government of Gujarat must meet
the areas identified by this Hon'ble Court in para
5 of the order dated 15.04.2021. Following is the
analysis on the same:
RTPCR Test should be available in all District :
a. With respect to RTPCR Test in all district, it
is submitted by Government of Gujarat (para 7)
that it is not ‘feasible & desirable’ to set up
laboratories in talukas and nagarpalikas. In
support of this statement, State has used excuses
like ‘stringent infrastructural and technical
requirement’ for setting up laboratories apart
from need to have ‘expert and trained technicians’
and ‘highly sensitive instruments’. It is also
stated that if there is error in processing and
extraction, there could be ‘devastating effects’. It
is submitted that with any laboratory set up, use
of sensitive instrument and trained people is
prerequisite. The highlighted phrases as above
appearing in para 7 of the affidavit only
exaggerate issue instead State could have spelled
out basis for using such phrases. It is stated that
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17. C/WPPIL/53/2021 ORDER
RTPCR Testing facilities will not be available at
Taluka and Nagarpalika level. Although procedure
for collecting samples from Talukas is explained
in succeeding para but there is no clarity whether
all Talukas are covered in a District. Merely
saying that all Districts has RTPCR Testing
facility will not serve public purpose.
An emphatic statement is made that no village in
the State is deprived of RTPCR Test but there is
no basis disclosed for such statement.
RTPCR Test facilities should be ramped up:
b. In affidavit dated 14.04.2021, it is stated
that there are about 97 RTPCR Testing machines
available in the State and that figure is now 98 in
the affidavit dated 19.04.2021. It is stated that
orders are placed for new machines with mandate
to supply it within 7 days from the date of order
but it is not known with certainty whether these
machines will be delivered within 7 days from the
date of order and even if received within 7 days
from the date of order, when they will be
operationalized. It is also not stated which
districts will receive these machines as order is
for 25 new machines.
It is stated that 26 research laboratories are
requested to carry out RTPCR Test. In support of
this, letter at page 27 is relied. Perusal of the
letter states that it is only request from
Government of Gujarat to those institutes. There
is no confirmation from those institutes that they
have infrastructure and they will carry out RTPCR
Test. In fact, letter states that Government of
Gujarat will provide consumables for the same
and for that those institutes have to send request.
So when these institutes will start commencing
RTPCR Test is not known. State has also used
vague and evasive phrases viz. ‘in the days to
come’, ‘shall be done in the near future’, ‘in the
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18. C/WPPIL/53/2021 ORDER
coming days’ etc. that are open ended and does
not serve the urgency that is required in the
present state of affairs.
At Annexure 5 on page no. 43, details about
RTPCR Test carried out between 01.04.2021 to
18.04.2021 is described. It is stated that State
ought to have stated ‘basis’ for such figures
without which credibility of the figures is
questionable.
Accurate & correct reporting about data of
RTPCR Test:
c. There is no mechanism specified in the
affidavit about accurate and correct reporting of
the data with respect to RTPCR Test. This
disclosure will go long way in identifying correct
number of patients and actual number of tests
carried out by Government of Gujarat.
Education about Remdesivir injection:
d. With respect to Remdesivir injections, it is
stated protocol issued by AIIMS, Delhi is relied
upon which in one sentence deals with
Remdesivir injection and its dosage. It is stated
that Government of Gujarat can’t advise on the
use of Remdesivir injection as it is in the domain
of medical expert. Apart from this, there is no
standard operating procedure described by State
for treatment of Covid-19 and use of Remdesivir
injection. The newspaper reports at Annexure 7 is
collection of news reported in print media instead
Government of Gujarat ought to have produced
efforts by it to educate medical professionals and
public about use of Remdesivir injection.
As far as availability of Remdesivir injections, it is
stated that Government of Gujarat is procuring 20,000
vials per day and apart from keeping ‘minimum
emergency stock’, everything is distributed. It is stated
that it would have been better if what is ‘minimum
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19. C/WPPIL/53/2021 ORDER
emergency stock’ is stated as blackmarketing of the
Remdesivir is in full swing. Apart from this there is no
mention by State that they are giving these injections
to patients that require it in ‘home treatment’ because
as per policy of State, they are used first in public
hospitals and then in private hospitals and then in
Covid Care Center.
The table at page 12 describes details of receipt of
Remdesivir from 13.04.2021 to 18.04.2021. It is also
stated that 55,000 vials were received that is
distributed. Now it is not known when these stock as
huge as 55,000 vials was received and distributed. It is
further stated that order for 5,74,000 vials is placed
but no details are given that when these stock will be
available.
Online portal giving details of availability of beds
e. Para F on page 18 & 20 describes about
dissemination of data. It is stated that there is
apparent contradiction about data updated by AHNA
as in para it is stated that data is updated once in a
day whereas in table it is stated that data is updated
twice in a day. Apart from this, there is no mention
about ‘real time’ dissemination of data except
Vadodara and Gandhinagar. Data updated once in a
day does not serve purpose of public.
Oxygen availability
f. Efforts for making oxygen availability are
described on page 19 that inspires confidence.
Efforts to build confidence that data of state is
accurate
g. No efforts are described in the affidavit that State
has undertaken to efforts to build confidence in the
data disclosed by State. In fact still questionable data
continues to be highlighted on the portal of
Government of Gujarat as described on page 20. It is
stated as on evening of 19.04.2021, that there
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20. C/WPPIL/53/2021 ORDER
1,61,25,282 positive cases and 3,41,565 patients that
have recovered. These data is meaningless as time
frame is not specified about these data and if figure of
1,61,25,282 are positive patient, then it translate into
about 22.55% population of State being infected if total
population of Gujarat is estimated at 7,15,00,000/-.
Publicly come up with availability & modalities of
required infrastructure
h. The data about availability and modalities of
required infrastructure is sparsely known in public
domain.
Lack of infrastructure or facility should be
admitted
i. No such admission is forthcoming in the affidavit.
Honest and transparent dialogue with public:
j. The affidavit of the Government of Gujarat is
silent on the aspect of honest and transparent dialogue
with public. A mention is made that Hon’ble CM and
Hon’ble Dy. CM have (page 13-14) visited Rajkot,
Morbi, Patan etc. and there were meetings with
religious leaders but there is no details about what
transpired in those meeting and what concrete steps
are being contemplated.
It is stated that affidavit describes more about steps
taken in Ahmedabad but there is no details
forthcoming as far as efforts in rural areas of Gujarat.”
7. The suggestions which have come and have been
formulated in the form of gist provided to us and quoted
hereinabove raise issues some of which are already in
discussion and many more. We have incorporated the gist
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21. C/WPPIL/53/2021 ORDER
so that the State may while submitting its reply also take
care of all such issues which may have relevance or bearing
to the monitoring of issues by this Court in the present
matter.
8. In our previous order we had required the Gujarat
State Branch of Indian Medical Association to address the
Court if it so desires. Dr.Devendra Patel, President and Dr.
Kamlesh Saini, Honorary State Secretary of the Indian
Medical Association, Gujarat State Branch, have joined the
proceedings today. Dr. Devendra Patel, President of the
Gujarat State Branch made certain submissions which
briefly are as follows :
There should be Centralized Monitoring System at
each Taluka place and big city so that one can find
availability of beds/ ICU beds/ Ventilator beds/
oxygen beds.
Availability of medicines including injection of
Ramdesiv and Tocillizumab may also be similarly
monitored.
Like previous year, this time also in private hospitals
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22. C/WPPIL/53/2021 ORDER
beds are to be kept reserved for the government or
municipal quota so that the poor and non-affording
person can get the treatment in case they are not
getting the same in government hospitals due to full
occupancy of beds. The ratio of reservation of beds for
government and municipal quota may be increased to
50%.
As the tests conducted through Rapid Antigen Test
have less sensitivity, more and more testing through
RTPCR test should be conducted.
At present there are approximately 100 testing centres
all over the Gujarat. The testing centres are to be
increased so that one can get results at the earliest.
This facility should be available at each Taluka place.
The Government should completely ban the political,
social and religious gatherings.
The Government should impose total lockdown for 14
days and if it is not possible then the government
should put strict restrictions on activities.
The Government should publish Home Care Patient
guidelines with expert’s opinion. If more and more
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23. C/WPPIL/53/2021 ORDER
patients are treated at home then the hospital beds
will be spared for moderate and serious patients.
The price of oxygen, essentials and life saving
medicines, surgical instruments etc. should be
controlled so that each and every citizen may get the
same at fixed rate.
Supply of oxygen, injections like Remdesivir and
Tocillizumab should be controlled and monitored by
the Government.
At every Taluka place, a Core Committee should be
formed in coordination with the Government official
like Mamlatdar, Taluka Health Officer and NGOs and
IMA members to monitor the situation, who will check
and guide about the availability of beds, medicines etc.
9. Considering the number of Covid patients the
availability of Covid beds in the hospitals whether
Government, Corporation or Designated private, are not
enough to accommodate every person who is tested positive.
It is also true that all positive tested persons do not require
hospitalization because there are substantial number of
persons infected with Covid positive virus who are
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24. C/WPPIL/53/2021 ORDER
completely asymptomatic. In fact many of such
asymptomatic carriers have gone through the cycle of
carrying the infection and after developing antibodies have
got rid of the virus.
10. There is another substantial number of Covid
positive patients who can be treated at home and may not
be requiring hospitalization. In the first phase of the
pandemic in 2020, because of shortage of beds, treatment to
thousands and lakhs was being given at home rather they
were advised to stay at home as it would be safer,
considering their symptoms, provided they had enough
space at home to isolate themselves away from the other
members.
11. Even in the second phase, it is the same situation
where a large number of Covid infected persons are being
treated at home. A list of private hospitals have come up
with their Home Care packages in which they are regularly
monitoring, providing medication including oxygen at home
to their patients.
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12. Insofar as supply of oxygen is concerned, as per the
data provided by the State in its affidavit-in-reply and as
stated by the learned Government Pleader, apparently there
should be no shortage of oxygen for medical use and even
though there is any shortage, the same is being actively
augmented to cater to the additional demands.
13. However, the procurement, supply and
distribution of Remdesivir injection apart from the protocol
of its use, application and administration, there is a big
crisis. According to the State, as per the contents of the
affidavit-in-reply and also as submitted by Ms.Manisha
Lavkumar, learned Government Pleader, there is a shortage
vis-a-vis the demand. Despite best efforts being made by the
State as indicated in the affidavit submitted on the previous
date as also for today, Remdesivir injection is still in short
supply.
14. The stand of the State is that the Remdesivir
injection made available to the State would be utilized in
order of preference listed by it which apparently is need
based and in priority of the category of hospital. According
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26. C/WPPIL/53/2021 ORDER
to the learned Government Pleader, the available Remdesivir
injection with the State is first administered to the patients
on ventilators in the hospitals of the Corporation or
Government hospitals, then to the patients on ventilators in
the Designated Covid Hospitals, then to the patients
admitted on ICU in Government / Corporation hospitals
and then to the similar patients in the Covid Designated
Hospitals and thereafter to the patients on oxygen beds
subject to their prognosis and if there still remains further
stock with the Government / Corporation, it would be
distributed to the private hospitals, Nursing Homes / Home
Care on doctor’s prescription considering the condition of
the patient. However, if the Government does not have any
surplus or if it is unable to cater to its own in-house
demand, it cannot provide it to the private sector. It is also
the case of the Government that Remdesivir injections are
available with the stockists of the manufacturers from
where private hospitals and individuals can always
purchase.
15. On the other hand the submission of not only Shri
Kavina but also Dr.Devendra Patel is to the effect that the
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27. C/WPPIL/53/2021 ORDER
State must supply Remdesivir injection to the private sector
also as either the State takes upon itself to provide
admission and complete treatment to all Covid positive
patients and if the State is not able to admit and treat all
positive Covid patients which burden of the State is being
discharged by the private sector then the State must provide
medicines to the private sector.
16. This is a delicate issue and requires very careful
handling by the Government and the Corporations or the
District Collectors as the case may be in other districts. The
policy should be of the Government and should not be left
at the discretion of the individual Corporation and District
Collectors regarding distribution of Remdesivir injection
when the same is in short supply. There has to be a
reasonable policy of the State taking into consideration the
overall factors and to ensure that all patients falling in the
same category should be first administered or provided with
Remdesivir injection i.e. the patients on ventilators whether
they are in private or Government set up / facility, then it
should be provided to patients on ICUs in private or
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28. C/WPPIL/53/2021 ORDER
Government set up / facility and thereafter to patients on
oxygen depending upon the period they have been on
oxygen and thereafter other patients who are advised
Remdesivir. The condition of the patient should be the
criteria for providing Remdesivir injection and not whether
he/she is admitted in private or Government facility.
17. The Principal Secretary, Department of Health and
Family Welfare, Government of Gujarat, must convene an
emergent meeting of all stake-holders and take an
appropriate policy decision which should run throughout
the State i.e. it should be made applicable for the entire
State and should not be left at the discretion of Municipal
Commissioners or Collectors as the case may be. The
distribution may be at the level of the Commissioner or
Collector, but the policy to be followed must be framed by
the State.
18. In addition to the above, we would also like the State
to respond to the registration of patients through
Ambulance 108, the time being taken in picking up a
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29. C/WPPIL/53/2021 ORDER
patient from the time the call is registered, the
system/modalities through which the registration and the
picking up is carried out, as there are some complaints that
seriousness of the patient is not a criteria for giving
preference and it is only on the basis of first come first serve
basis that under the present dispensation of 108
Ambulance, the patients are picked up.
19. Another issue which needs to be responded by the
State is that only through Ambulance 108, patients are
admitted in the Designated hospitals and further that 108
Ambulance picks up patients only from home/residence but
not from any Nursing Home or hospital if the patient is
otherwise admitted and later turns into a Covid patient.
Patients being brought in private cars howsoever much
critical they may be, are not admitted by the designated
hospitals even though beds are available.
20. There is one more aspect which the Government
needs to seriously address and that is to sensitize and
educate the public at large which may break the chain and
ultimately result in stabilizing the increase in numbers,
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30. C/WPPIL/53/2021 ORDER
flattening the curve and thereafter move towards decline.
Whatever instructions the Government feels are appropriate
as per the advise and protocol of the international and the
national level decisions should be widely publisized and
circulated through print, social, electronic and digital
media.
21. It is also brought to our notice that the demand raised
by the Designated Covid hospitals regarding Remdesivir
injection is not being fully provided by the Sardar
Vallabhbhai Patel Hospital and only partial supply is made.
The State may examine this aspect and also respond to it.
22. Let this matter be listed again on 27.04.2021 before
us. To be taken up at 11.00 a.m. By the evening of
26.04.2021 the State to file its further status affidavit after
serving copy of the same on Mr. Rasesh Parikh, learned
counsel appearing for the Gujarat High Court Advocates
Association.
(VIKRAM NATH, CJ)
(BHARGAV D. KARIA, J)
P. SUBRAHMANYAM / GAURAV THAKER
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