Yesterday, the Supreme Court of India (SC) took suo moto cognizance of the COVID-19 issues in the country including supply of oxygen, supply of essential drugs, method and manner of vaccination, and state’s power to declare lockdown. It issued a notice to the Indian government and the matter was to be heard today, April 23. However, the hearing has now been postponed to May 4.
The Chief Justice of India SA Bobde had yesterday said that COVID-19 related matters pending before the High Courts may be withdrawn as different courts dealing with issues “create confusion”. At present, at least six High Courts — Delhi, Bombay, Sikkim, Madhya Pradesh, Calcutta, Allahabad — are hearing matters related to shortage of oxygen and Remdesivir.
In response, the Supreme Court Bar Association today filed an application in the Supreme Court, saying that High Courts were best suited to deal with local issues such as lack of oxygen supplies, unavailability of hospital beds, diversion of essential drugs etc.
Also Read: Running out of breath as scramble for oxygen cylinders begins
Meanwhile, terming the apex court’s move to possibly withdraw cases from the high courts as “absolutely uncalled for and unjustified”, Dushyant Dave, senior advocate and former president of the Supreme Court Bar Association, said the Supreme Court was unjustified in intervening when the high courts have decided to intervene.
Expressing unhappiness over criticism by senior lawyers, the Bench has said there was no intention to stall High Courts: “We never stalled the High Courts from proceedings. We asked the Centre to approach High Courts.” The Supreme Court bench has now adjourned the suo-moto case hearing to May 4.
High Courts hearing COVID matters
At least six high courts, including Delhi, Bombay, Allahabad, Patna, Calcutta, Rajasthan, are hearing matters related to the shortage of oxygen and Remdesivir, an antiviral drug needed for the COVID19 treatment, in the country.
Today, Rajasthan High Court is scheduled to hear a public interest litigation (PIL) over the shortage faced by the COVID hospitals in the state. In a letter to the Rajasthan High Court, the Rajasthan High Court Bar Association has highlighted how the patients admitted to the hospitals were witnessing a shortage of oxygen in all the districts of the state.
The Association’s president, Bhuvnesh Sharma, has alleged that the state and central government were passing the buck and were not dealing with the emergent situation and that due to differences between both the governments, the people of Rajasthan were suffering.
In the letter dated April 22, the Rajasthan High Court Bar Association has requested the Rajasthan High Court to intervene in the matter and give directions to both the governments to ensure sufficient supply of oxygen to the hospitals.
Meanwhile, the Patna High Court has also issued directions to the state authorities to present a vivid picture of availability and the mode and manner in which the state-respondents have planned to supply oxygen to different hospitals.
The Bench has also asked the state health department to submit a report to the court stating clearly the present status of number of beds available or COVID-19 patients in different COVID Care Centres, Dedicated COVID care Health Centres and Dedicated COVID Hospitals, showing the number of beds which are equipped with oxygen, ICU beds and number of ventilators available and to what extent the number of such beds, is proposed to be increased, category wise.
Today, the Delhi High Court has issued notice in plea to direct the Delhi government to start running hunger relief centres, supply dry ration and issue temporary COVID-19 ration cards to the needy.
Meanwhile, the Bombay High Court yesterday suggested that there should be a portal for getting access to the antiviral drug Remdesivir. This order came when the High Court was hearing a PIL filed by an advocate on the dearth of COVID-19 essentials – Remdesivir, medical oxygen and hospital beds — in Maharashtra.
The Bombay High Court has also assured that it will consider the price issue of Remdesivir when the petitioner suggested that there should be a cap on the price of the injections, as people from lower strata should be able to get it.
The Bombay High Court has also asked the state and Union to make submissions on the Nashik oxygen tank leak, which led to the death of at least 22 people.
Also Read: Oxygen tanker leak in Nashik hospital claims lives of 22 coronavirus patients
