TMI Blog2021 (4) TMI 1058X X X X Extracts X X X X X X X X Extracts X X X X ..... e aspect of bed allocation for COVID patients keeping in view the prevailing circumstances, and report in this regard on the next date of hearing i.e. 22.04.2021. Availability of medical Oxygen in the NCT of Delhi - HELD THAT:- Looking to the number of COVID positive patients all over the country, and the pattern which is emerging with regard to the spread of the viral infection and the severity with which it is impacting people in different States and regions, we direct the Central Government to review the allocation of Oxygen on a dynamic basis i.e. on a day to day basis, so that its utilization is achieved in the most efficient manner. Efficient usage of Oxygen - HELD THAT:- The need for oxygen is now. Any delay in this regard would lead to loss of precious lives. We, therefore, direct the Central Government to implement the said decision forthwith, and make available oxygen to hospitals which are running out of their supplies, lest there is grave loss of life suffered by patients being treated thereat. Ramping up of the testing facilities for Covid-19 through the RT-PCR test - HELD THAT:- For the purpose of setting up of Covid testing facilities, the entrepreneur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - HELD THAT:- This is because of the restriction with regard to the age, or category of people who are entitled to take the vaccine. According to the present dispensation, people who are above 45 years of age are entitled to take the vaccine. The Government has recently announced that from 01.05.2021, all above the age of 18 years would be entitled to take the vaccine. In our view, wastage of even a single dose of vaccine, when the same is proving to be life saving, would be a criminal waste. We are informed that each vial of the vaccine has 10 doses. Once the vial is opened, it has to be either fully consumed, or the remainder goes waste. It should be possible for the Government(s) to devise ways and means so as to register volunteers who may be below the age group of 45 years, and above the age of 18 years who could be called upon to take the residual doses of vaccine, in case, there are doses left unutilised after, say, 05.00 P.M on each day. That would ensure that all the doses are fully utilised, and not wasted - We direct the Government to look into this aspect forthwith and report status on the next date. List on 22.04.2021. - W.P.(C) 3031/2020 - - - Dated:- 20-4- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the availability at the earliest. It is further stated that as per the demand of the GNCTD, 763 ventilators have been supplied by the Government of India. In addition to that, Safdarjung Hospital has been provided with 105 ventilators, Ram Manohar Lohia Hospital with 5 ventilators, LHMC with 5 ventilators, Ayush Hospital with 2 ventilators, ESIC Hospital with 10 ventilators and the DRDO facility has been provided with 500 ventilators. 7. The availability of beds for COVID patients, as on 19.04.2021 in the named Central Government run hospitals has also been provided in paragraph 8 of the affidavit. The same add up to 1432 beds. These are apart from 250 beds that the DRDO would make available, 250 beds in LHMC and 36 in Safdarjung Hospital, which are also being planned. She points out that in other hospitals and facilities other than thos detailed in the affidavit, 2105 beds have been made available by the Central Government in the NCT of Delhi, and with the addition of these beds, the current COVID beds allocated stand at about 4091 bed. The complete break up of these COVID beds, should be indicated in the affidavit to be filed by the Central Government on 22.04.2021 by 01:00 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the demands made by the States, and on the basis of the formula evolved by the experts about the requirement of Oxygen for patients suffering from COVID. He states that the allocation for Delhi is 378 MT per day. 12. On the other hand, Mr.Mehra submits that there is grave dearth of medical Oxygen in Delhi s hospitals, and the requirement according to him is 700 MT of medical Oxygen per day. He submits that there is noncompliance of the order passed by us yesterday, whereby we required M/s INOX to honor its contract with the GNCTD and Delhi hospital and to supply 140 MT of Oxygen to Delhi. He states that the reason for noncompliance is stated to be the possible law and order situation that may be created, in case the M/s INOX were to transport the Oxygen from Uttar Pradesh to Delhi, where the manufacturing unit of INOX is situated. 13. Mr. Vinayak has also informed us of the industries, which are permitted to continue with the use of Oxygen. He submits that apart from those industries, all others have been directed not to use Oxygen, so that the same could be made available for medical use in the country. Amongst the permitted industries, we find that the Steel and Petro-Chem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ala has led by example in this regard, and the use of Oxygen by Kerala is most efficient, which should be followed by all. 18. As we pass this order, we are informed that the Oxygen supplies in various Covid hospitals in Delhi, including Sir Ganga Ram Hospital, and Max Hospital are about to get exhausted in the next about 4-8 hours. The decision taken by the Central Government to divert supplies from industrial use for medical use, for some obscure reason, has been sought to be implemented only from 22.04.2021. 19. We do not find any justification for the same. The need for oxygen is now. Any delay in this regard would lead to loss of precious lives. We, therefore, direct the Central Government to implement the said decision forthwith, and make available oxygen to hospitals which are running out of their supplies, lest there is grave loss of life suffered by patients being treated thereat. 20. Since M/s INOX has not complied with our last order dated 19.04.2021, we direct issuance of Notice of Contempt to M/s INOX returnable on 22.04.2021. Notice be served through email. We direct the Managing Director/ Owner of M/s INOX to personally remain present during the hearing on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ite drugs are being hoarded by some unscrupulous persons/ dealers or retailers. We direct the Central Government, and its agencies, particularly the Drug Controller of India, to issue necessary directions in this regard to all the licensees, and the Government should undertake checking on a regular basis to unearth all such cases of hoarding which is leading to scarcity of drugs in the marked for the needy patients. Strict penal action should be taken against those indulging in such practices. 25. The affidavit filed by the Central Government discloses that so far as Remedesivir Drug is concerned, the Central Government has supplied 10.40 lakh vials to all the States and Union Territories during the last 9 days (between 11th and 19th April), out of which 40,132 vials have been supplied to Delhi. Meanwhile, DGCI has granted immediate permission to license holders for manufacture of the Remedesivir at 20 additional sites, adding production capacity of 35.3 vials/ month. It is stated that this would ramp up the production capacity for manufacturing this drug to around 74.10 lakh vials/ month. 26. The Central Government should dynamically review the distribution of Remedesivir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d report progress on the next date of hearing. 29. Another aspect that we may take note of is that as per one of the reports, as many as about 44 lakhs vaccines have been wasted out of the 10 crores vaccines allocated to different States. This is because of the restriction with regard to the age, or category of people who are entitled to take the vaccine. According to the present dispensation, people who are above 45 years of age are entitled to take the vaccine. The Government has recently announced that from 01.05.2021, all above the age of 18 years would be entitled to take the vaccine. In our view, wastage of even a single dose of vaccine, when the same is proving to be life saving, would be a criminal waste. We are informed that each vial of the vaccine has 10 doses. Once the vial is opened, it has to be either fully consumed, or the remainder goes waste. It should be possible for the Government(s) to devise ways and means so as to register volunteers who may be below the age group of 45 years, and above the age of 18 years who could be called upon to take the residual doses of vaccine, in case, there are doses left unutilised after, say, 05.00 P.M on each day. That would ..... X X X X Extracts X X X X X X X X Extracts X X X X
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