Delhi High Court - Orders
Rakesh Malhotra vs Government Of National Capital ... on 7 May, 2021
Author: Vipin Sanghi
Bench: Vipin Sanghi, Rekha Palli
$~1-16, 22,23.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3031/2020 & C.M. No. 15227/2021, C.M. No. 15228/2021
C.M. No. 15229/2021, C.M. No. 15358/2021, C.M. No. 15359/2021
C.M. No. 15360/2021, C.M. No. 15361/2021,C.M. No. 15362/2021
C.M. No. 15363/2021, C.M. NO. 15481/2021, C.M. 15482/2021,
C.M NO. 15652/2021, CM NO. 15653/2021, C.M. NO. 15845, CM.
NO. 15869/2021, C.M.No. 15962/2021, C.M. Nos. 16081-85/ 2021.
RAKESH MALHOTRA ..... Petitioner
versus
GOVERNMENT OF NATIONAL CAPITAL
TERRITORY OF INDIA AND ORS ..... Respondents
+ W.P.(C) 4970/2021 & CM APPL 15223/ 2021, CM APPL
15224/2021, CM APPL 15225/2021, CM APPL 15226/2021, CM
APPL. 15249/2021, CM APPL. 15250/2021/2021, CM APPL.
15251/2021, CM APPL15252/ 2021, CM APPL 15603/2021
BALAJI MEDICAL AND RESEARCH CENTER ..... Petitioner
versus
UNION OF INDIA AND ORS ..... Respondents
+ W.P.(C) 4971/2021 & CM APPL. 15236/2021
GANESH DAS CHAWLA CHARITABLE
TRUST (REGD) ..... Petitioner
versus
UNION OF INDIA ..... Respondent
+ W.P.(C) 4984/2021 & CM APPL. 15279/2021, C.M. NO.
15777/2021, CM NO. 15778/2021, CM NO. 15779/2021
M/S. BRAM HEALTH CARE PRIVATE LIMITED..... Petitioner
versus
UNION OF INDIA & ANR. ..... Respondent
+ W.P.(C) 4985/2021 & C.M. No. 15922/2021
BATRA HOSPITAL AND MEDICAL
RESEARCH CENTRE ..... Petitioner
versus
UNION OF INDIA & ORS. ..... Respondents
+ W.P.(C) 5001/2021
MAHARAJA AGRASEEN HOSPITAL
CHARITABLE TRUST ..... Petitioner
Signature Not Verified
Digitally Signed
By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 1 of 14
ROHELLA
Signing Date:09.05.2021 23:14
versus
UNION OF INDIA AND ORS ..... Respondents
+ W.P.(C) 5002/2021
M/S BHAGAT CHANDRA HOSPITAL ..... Petitioner
versus
UNION OF INDIA
THROUGH SECRETARY & ANR. ..... Respondents
+ W.P.(C) 5003/2021
M/S JAIPUR GOLDEN HOSPITAL ..... Petitioner
versus
UNION OF INDIA
THROUGH SECRETARY & ORS. ..... Respondents
+ W.P.(C) 5024/2021 & CM APPL. 15397/2021
SHANTI MUKAND HOSPITAL ..... Petitioner
versus
UNION OF INDIA AND ORS. ..... Respondents
+ W.P.(C) 5026/2021 & CM APPL. 15401/2021
VINAY JAIDKA ..... Petitioner
versus
CHIEF SECRETARY ..... Respondent
+ W.P.(C) 5050/2021 & CM APPL. 15464/2021, CM APPL.
15465/2021, CM APPL. 15466/2021, CM APPL 15694/2021
BHAVREEN KANDHARI ..... Petitioner
versus
GOVT OF NCT OF DELHI & ORS. ..... Respondents
+ W.P.(C) 5066/2021 & CM APPL. 15511/2021
RAMESH KHOSLA ..... Petitioner
versus
GOVT. OF N.C.T OF DELHI & ANR. ..... Respondents
+ W.P.(C) 5073/2021 & CM APPL. 15529/2021
VENKATESHWAR HOSPITAL ..... Petitioner
Signature Not Verified
Digitally Signed
By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 2 of 14
ROHELLA
Signing Date:09.05.2021 23:14
versus
GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents
+ W.P.(C) 5085/2021 & CM APPL. 15581/2021, CM APPL.
15582/2021
EHILARASAN ALIAS SHANKAR ..... Petitioner
versus
UNION OF INDIA & ORS. ..... Respondents
+ W.P.(C) 5100/2021 & CM APPL. 15623/2021
MANISHA GUPTA ..... Petitioner
versus
GOVT, OF N.C.T OF DELHI & ANR. ..... Respondents
+ W.P.(C) 5102/2021 and CM Nos. 15635/2021 & 15636/2021
ASEEMIT SOCIAL PROJECTS FOUNDATION ..... Petitioner
versus
UNION OF INDIA & ANR. ..... Respondents
+ W.P.(C) 5126/2021
DELHI MEDICAL ASSOCIATION ..... Petitioner
versus
UNION OF INDIA THROUGH SECRETARY & ANR.
+ W.P.(C) 5142/2021 & CM APPL. 15757/2021
MANISHA GUPTA ..... Petitioner
versus
GOVT, OF N.C.T OF DELHI & ANR. ..... Respondent
MEMO OF APPEARANCE
For the petitioners
Mr.Sacchin Puri, Senior Advocate with Mr.Praveen K. Sharma and
Mr.Dhananjay Grover, Advocates for the petitioner in W.P.(C) Nos.
5100/2021 & 5066/2021.
Petitioner in person in W.P.(C) No.3031/2020.
Mr.Mahesh Agarwal, Mr.Rishi Agrawala, Mr.Karan Luthra, Mr.Ankit
Signature Not Verified
Digitally Signed
By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 3 of 14
ROHELLA
Signing Date:09.05.2021 23:14
Banati, Advocates in WP(C) No. 4970/2021.
Mr. Himanshu Dagar, Advocate for applicant in C.M. No. 15648/2021 in
W.P.(C.) No. 4970/2021.
Mr. Ajay Kohli, Ms. Priyanka Ghorawat, Mr. Raghav Marwaha, Advocates
for Delhi Heart and Lung Institute.
Ms. Prabhsahay Kaur, Advocate for in W.P.(C) No. 4971/2021.
Mr. Priyadarshi Manish and Mrs. Anjali J. Manish, Advocates in W.P.(C)
No.4984/2021.
Mr. Sidharth Dave, Senior Advocate with Ms. Varuna Bhandari, Ms. Bhakti
Vardhan, Mr. Tushar Thareja, Mr. Akhil Mittal, Advocates in W.P.(C) No.
4985/2021.
Mr. Alok Kr. Aggarwal, Ms.Anushruti, Ms. Supreet Bimbra and Ms. Simran
Arora, Advocates in WP (C) No. 5001/2021.
Mr, Sachin Datta & Mr. G. Tushar Rao, Senior Advocates with Mr. Dinesh
Sharma, Ms. Ritika Jhurani, Ms. Jipsa Rawat, Advocates along with
Mr.D.K. Baluja, Medical Director, Jaipur Golden Hospital in W.P. C Nos.
5002-5003/2021& 5126/2021.
Mr. Maninder Singh, Senior Advocate with Mr. Aarush Bhatia, Advocate in
W.P.(C) No. 5024/2021.
Mr. Satish Aggarwala & Mr. Gagan Vaswani, Advocates in W.P.C No.
5026/2021.
Mr. Krishnan Venugopal, Senior Advocate with Mr. Manan Verma,
Mr.Aditya N Prasad, Mr. Kaushik Mishra & Ms. Anmol Srivastava,
Advocates in W.P.C No. 5050/2021.
Mr. M.K. Gahlaut, Advocate in W.P.C No. 5081/2021.
Mr. Mohit Chaudhary & Mr. Kunal Sachdeva, Advocates in W.P.(C.)
No.5085/2021
Ms. Karuna Nundy, Mr. Sarthak Maggon & Ms. Upasana, Advocates in
W.P.(C.) No. 5102/2021.
Mr Sudhir Mishra, Ms.Petal Chandhok, Ms Rupali Gupta and Mr. Raghav
Seth, Advocates in W.P.C No. 5073/2021.
Mr. Siddharth Chechani, Advocate in W.P.C No. 5103/2021.
Mr. Abhinav Vashisht, Sr. Adv. with Mr. Sacchin Puri, Sr. Adv., Mr. JS
Bakshi, Sr. Adv. with Mr. Praveen K. Sharma, Mr. Dhanjay Grover, Mr.
Kamil Khan and Ms. Akshita Sachdeva, Advs. in W.P.(C) No. 5142/ 2021.
Signature Not Verified
Digitally Signed
By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 4 of 14
ROHELLA
Signing Date:09.05.2021 23:14
For the respondents
Mr. Tushar Mehta, SGI, Mr. Chetan Sharma, ASG, Ms. Aishwarya Bhati,
ASG along with Ms. Monika Arora, Mr. Amit Mahajan, Mr. Anil Soni &
Mr. Anurag Ahluwalia, CGSCs, Mr. Syed Husain Adil Taqvi, GP, Mr.
Jivesh Kr. Tiwari, Ms. Nidhi Parashar, Mr. Kanu Aggarwal, Mr. Kritagya
Kumar Kait, Mr.Shriram Tiwary, Mr. Amit Gupta, Mr. Akshay Gadeock,
Mr. Sahaj Garg & Mr. Vinay Yadav, Advocates for UNION OF INDIA in
all the matters.
Mr. Rahul Mehra, Senior Advocate along with Mr. Satyakam, Mr. Santosh
Tripathi, SC Mr. Gautam Narayan, Mr. Anuj Aggarwal & Mr. Anupam
Srivastava, ASCs with Mr. Aditya P. Khanna, Ms. Dacchita Sahni, Ms.
Ritika Vohra and Mr. Chaitanya Gosain, Advocates for GNCTD in all the
matters.
Mr. Rajshekhar Rao, Senior Advocate (Amicus Curiae), Mr. Anandh
Venkataramani, Mr. Vinayak Mehrotra, Ms. Mansi Sood, Mr. Karthik
Sundar, Ms. Sonal Sarda, Mr. Areeb Y Amanullah, Advocates in all the
matters.
Mr. Anil Grover, Senior Additional Advocate General for Haryana along
with Ms.Bansuri Swaraj, Additional Advocate General for Haryana and Mr.
Siddhesh Kotwal, Ms. Manya Hasija & Ms. Ana Upadhyay, Advocates.
Mr. Aseem Chaturvedi & Mr. Ajay Bhargav, Advocates for M/s INOX.
Mr. Divya Prakash Pande, Advocate for South Delhi Municipal Corporation.
Mr. Abhinav Tyagi, Advocate for M/s Seth Air Products.
Ms. Malvika Trivedi, Senior Advocate with Mr. Tanmay Yadav,
Ms.Abhisree Saujanya, Ms. Nihaarika Jauhari, Ms. Eysha Marysha,
Ms.Vidhi Jain, Advocates along with Ms. Kritika Gupta, applicant in person.
Ms. Garima Prashad, Senior Advocate with Mr. Abhinav Agrawal,
Advocate.
Mr. Ankur Mahindro & Ms Sanjoli Mehrotra, Advocates for intervener.
Mr. Om Prakash & Mr. Pradeep Kumar Tripathi, Advocates for the
applicant in C.M. No. 15651/2021.
Mr. Rohit Priya Ranjan, Advocate for M/s Goyal Gases.
Mr. Abhishek Nanda, Advocate for IRDAI.
Mr.Anupam S Sharma, SPP-CBI with Mr.Prakarsh Airan, Ms.Harpreet
Kalsi, Advs in W.P(Crl)953/2021.
Mr. Tushar Mehta, SG with Mr. Chetan Sharma, ASG, Mr. Satya Ranjan
Swain, CGSC and Mr. Kautilya Birat, Mr. Vedansh Anand, Advocates in
Signature Not Verified
Digitally Signed
By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 5 of 14
ROHELLA
Signing Date:09.05.2021 23:14
W.P.(C) No. 5126/2021.
Ms. Urvi Mohan, Adv. for DBOCWW Board.
Ms. Himanshi Nailwal with Mr. Ambuj Tiwari, Mr. Ankur Garg, Mr. Akhil
Mitta, Advocates in C.M. No. 15922/21 in W.P.(C) No. 4985/2021.
Ms. Nitya Ramakrishnan, Sr. Adv. with Mr. Prasanna S, Ms. Vinoothna
Vinjam and Mr. Ritesh D, Advocates in C.M. NO. 15962/2021.
Ms. Shweta Kabra, Advocate for India Glycols Limited.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 07.05.2021
1. We have heard Ms. Karuna Nundy, learned counsel for the petitioner appearing in W.P.(C.) No. 5102/2021, who has made certain suggestions which have been shared with Mr. Rajshekhar Rao, the learned Amicus Curiae. Ms. Nundy submits that though the GNCTD has provided a helpline number for giving information in respect of COVID-19, the said helpline is not effective, as many persons who would want to seek information may not be in a position to speak or understand English and, therefore, the same should be made bilingual i..e in Hindi and English. She has suggested with the help of a flow chart, that a central 24-hour helpline number should be provided by the GNCTD, which should be linked with other portals to make it efficacious. She emphasises, on the basis of her interaction with a lot of medical professionals that it is easier to manage COVID-19 in the initial stages, and it is only at a more advanced stage, that the disease takes an ugly turn and becomes difficult to manage; therefore, it would be highly useful if the Government and its agencies make small video tutorials to educate people on different aspects of management of the disease. She further Signature Not Verified Digitally Signed By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 6 of 14 ROHELLA Signing Date:09.05.2021 23:14 suggests that the GNCTD should also endeavour to loan oxygen concentrators for home use, by bar-coding and geo-tagging these concentrators and also make use of the list of organisations and individuals provided by her, who are willing to offer daily tele-consultation services. She further states that though as per the requisite protocol, a person infected with COVID-19 must have a separate room and bathroom but most people, especially those from the economically weaker classes, do not have this facility and therefore, the GNCTD should ensure that a COVID Kit comprising of N95 masks, some sanitizer, an Oxymeter, and a digital thermometer ought to be provided to infected persons covered under the PDS Scheme. She has also suggested that the GNCTD make constructive use of Ration shops and Mohalla Clinics to distribute these COVID Kits with pictographical instructions for use, since these are regularly visited by persons from the economically weaker section, thus making them an effective and accessible point of distribution. We have also put to Mr. Mehra that the GNCTD could explore providing, in addition, Paracetamol and Steamers to these patients, especially to senior citizents who are either living alone, or the physically handicapped, or those belonging to the strata availing PDS benefits.
2. Mr. Rao, learned Amicus Curiae submits that as regards to the facility of tele-consultation, a list of organisations and individuals, which includes the list shared by Ms. Nundy, is being collated and the links are being verified. We are of the view that once the links are verified by Mr.Rao, the GNCTD should share the same on its website, to provide publicity to those offering service. However, before the links are shared on Delhi Fights Corona Website, those running these sites should be spoken to, and their Signature Not Verified Digitally Signed By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 7 of 14 ROHELLA Signing Date:09.05.2021 23:14 consent be taken. Mr. Rao submits that the GNCTD should increase the lines available on its helpline number, which presently has only 44 Doctors who are working in shifts. A public appeal should also be made to all available Doctors, who may be willing to provide their services for tele- consultation, voluntarily. In fact, in this regard, the GNCTD can also explore requisitioning Doctors who are either asymptomatic or in quarantine to render their services.
3. Mr. Rahul Mehra, learned senior counsel for the GNCTD submits that an attempt is being made to increase the Doctors and lines available for guidance regarding the queries related to COVID-19 and tele-consultation, for which purpose, an HR cell has already been constituted so that the recruitment of manpower is done expeditiously. He has informed us that the GNCTD is looking at different categories of Medical doctors who numbr approximately 532, for deployment for rendering these services. These suggestions are definitely worth serious consideration, and the GNCTD should consider them and respond by 11.05.2021. Mr.Mehra further submits that to augment the facilities for COVID affected patients, who may have mild symptoms or are asymptomatic, the Hon'ble Lieutenant General has already granted permission to RWAs to install bed facilities in their respective colonies. Progress in this regard be also reported on 12.05.2021.
4. By drawing our attention to the status report filed by the GNCTD, Mr. Mehra submits that out of the eight PSA plants to be set up with the assistance of the Central Govt., four are already operational and efforts are ongoing to operationalise the other four at the earliest. He, however, submits that for two of the plants, air compressors are yet to be provided by the vendor. Ms. Nidhi Mohan Parashar, appearing on behalf of the Central Signature Not Verified Digitally Signed By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 8 of 14 ROHELLA Signing Date:09.05.2021 23:14 Government prays for time to obtain instructions as to when the air compressors are to be provided by the vendor who has been appointed by the UOI. Let instructions be reported latest by 11.05.2021. The UOI should also report the status of the 7 Oxygen Plants being set up with the help of DRDO and three others by 11.05.2021.
5. Mr. Mehra further submits that the GNCTD is taking expeditious steps for setting up for 41 additional PSA plants in the city, either through donation or through its own funds, which when fully operational, will have a capacity of 43MT of oxygen per day. He submits that all efforts are being made to augment the number of PSA plants in Delhi, and further the Chief Secretary and Home Secretary have planned a meeting where they will address the issue of ensuring every hospital and needy citizen is brought within the fold of oxygen supply.
6. It is Mr. Mehra's submission that efforts are being made for procuring oxygen cylinders with the assistance of the Central Govt., for which purpose, a letter has been written to the Secretary, Ministry of Petroleum and Natural Gas for providing 25,000 Oxygen cylinders. He further adds that the GNCTD is in the process of finalising the commercial term for the purchase of 50 MT storage tankers with M/s INOX and is also willing to purchase 200 MT storage tankers, depending upon the availability of the same.
7. Upon a query by us regarding our earlier suggestion of creating a cylinder bank to ensure that patients, who are in home isolation, are not made to run around for oxygen, Mr. Mehra responds that efforts are being made to geo-tag the cylinder with dealers. He also informs us that the disbursal of cylinders will be done only with the approval of the District Signature Not Verified Digitally Signed By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 9 of 14 ROHELLA Signing Date:09.05.2021 23:14 Magistrate; however, before beginning that exercise, an effort is being made to expand the number of available cylinders as the 20 cylinders presently earmarked for each district are highly insufficient. He submits that the shortage of cylinders is also attributable to various persons hoarding the cylinders due to a lack of faith in the system. He has also informed us that in furtherance of our previous suggestions, not only has an online link for donation of cylinders to GNCTD been activated, but an appeal has also been made to all citizens of Delhi to donate their oxygen cylinders on an assurance that the same will be provided to them on priority, in case the need arises. Mr. Mehra assures us that given the current scenario, the GNCTD is examining every possible option for distribution of Oxygen Cylinders throughout the city, whether it is via existing government infrastructure or private players. We have suggested to him that the LPG distribution network system with its set supply chain may also be considered.
8. In this regard, Mr. Chetan Sharma, Ld. ASG submits that as already informed, the Army is willing to assist the GNCTD in distribution of oxygen, for which purpose, the nodal officer appointed by the Army may be contacted by the officials of GNCTD.
9. At this stage, Ms.Nitya Ramakrishnan, learned senior counsel appearing for the petitioner in C.M. NO. 15962/2021 submits that the GNCTD should also examine the aspect of the mode of payment for cylinders by the economically weaker sections. She further submits that she has received information from a Doctor that various oxygen concentrators are still held up with the custom authorities and the Central Government must take expeditious steps for clearance thereof. Mr.Amit Mahajan, Ld. Signature Not Verified Digitally Signed By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 10 of 14 ROHELLA Signing Date:09.05.2021 23:14 CGSC while refuting this plea, submits that if there is any specific instance, the same may be brought to the notice of the department with complete particulars to enable them to take appropriate instructions.
10. Mr.Mehra further draws our attention to the order passed by the Centralised Accident and Trauma Services (CATS) under the signatures of the Special Secretary, GNCTD capping the charges for use of private ambulances. Though Mr. Prasad, appearing on behalf of the petitioner in W.P.C No. 5050/2021 submits that the said order may be without authority,as the CATS may not have the power to initiate prosecution, Mr. Mehra submits that the order has been issued by the Special Secretary with the approval of the Deputy Chief Minister, and has the authority of law. He submits that any violation of the said order would be dealt with strictly as per law.
11. Mr. Abhay Gupta, Adv. raises a grievance that despite a circular dated 20.06.2020 passed by the GNCTD whereunder - the charges for treatment of a COVID patient in a private hospital were capped at Rs.18,000/- per day including the charges for use of oxygen, gloves, bipap machines etc, many of the hospitals are charging more than Rs.60,000/- per day. Upon a perusal of the said circular, we find that the circular mandated the capping of the prices charged by private hospitals for treatment only in respect of 60% of the beds of the total hospital bed capacity and, therefore, we have put it to Mr.Mehra to examine whether the said order needs revision, keeping in view the huge surge in the number of COVID patients as also the fact that many of hospitals have been converted into a 100% COVID facility. Mr. Mehra prays for time to obtain instructions in this regard. Instructions be reported on 12.05.2021.
Signature Not Verified Digitally Signed By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 11 of 14 ROHELLA Signing Date:09.05.2021 23:1412. Mr. Mehra submits that the order dated 30.04.2021 passed by the State Medical Superintendent has been kept in abeyance for the present and therefore, the direction to the nursing homes, which do not have the fire safety clearances, not to admit patients on the second and third floor will not be effective for the present. In this regard, Mr. Rao, learned Amicus Curiae submits that some of these nursing homes which do not have fire safety clearances, maybe due to their location and condition of the building and therefore, it has been put to Mr. Mehra whether the said order can be modified by directing that the patients presently undergoing treatment may not be discharged till recovery, but such nursing homes which do not have the requisite clearance, may not admit fresh patients on the second and third floors.
13. Mr. Mehra has also drawn our attention to the efforts being made to augment the medical staff by permitting the Medical Directors, Medical Superintendents, Directors of COVID hospitals of GNCTD to engage fourth and fifth year MBBS students, nursing students and other paramedic staff by paying them an honorarium. We hope that by the next date, effective steps in this regard would be taken by the GNCTD.
14. In respect of the grievance raised by some of the petitioners that the portal maintained by the GNCTD does not depict the real-time bed availability position, Mr. Mehra submits that efforts are being made to ensure that the position on the said portal is updated every two hours. Though Mr. Praveen Sharma has sought to urge that a wait-list should also be uploaded, in our opinion, keeping in view the nature of the disease, the present immense shortage of beds and the large crowds thronging the hospitals, as also the fact that a patient is required to be admitted on an Signature Not Verified Digitally Signed By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 12 of 14 ROHELLA Signing Date:09.05.2021 23:14 urgent basis, this decision should be left to the wisdom of the treating Doctor. We do not deem it appropriate to pass any direction in this regard at this stage.
15. Mr. Mehra also sought to urge that some of the tankers earmarked for Delhi are being diverted by M/s INOX to other States. The question to be examined is whether the allocated quota of LMO that any of the suppliers is obliged to deliver to NCT of Delhi is being supplied, or not. We have put it to Mr.Mehra that in case the GNCTD has any particular issue with any specific supplier, the same should first be put to the said supplier, and to the learned Amicus before any grievance is raised in this regard before us, so that the supplier has notice of it and is in a position to respond.
16. In respect of the direction passed by this Court on 02.05.2021 that any person found to be indulging in hoarding and black marketing of medicines, oxygen cylinders, concentrators etc., Mr. Mehra draws our attention to the status report and submits that 52 persons have been arrested in the period between 13.04.2021 to 03.05.2021 on charges of hoarding and black- marketing. We have put it to Mr. Mehra that such confiscated material should not be allowed to go to waste and that DGHS should ensure that the confiscated material is allocated to the needy institutions and persons at the earliest. Let specific instances of cases registered in respect of offences unearthed on, and from 03.05.2021, should be placed before this Court to initiate Contempt proceedings against them.
17. Mr. Rakesh Malhotra, the petitioner-in-person informs the Court that in the last few days, the RT-PCR testing rate has improved and about 88,000 tests are being conducted every day. Mr. Mehra submits that the number of tests conducted earlier - about 1 lakh/day, have reduced on account of the Signature Not Verified Digitally Signed By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 13 of 14 ROHELLA Signing Date:09.05.2021 23:14 ongoing lockdown as tests can no longer be conducted in marketplaces, as also in view of the revised ICMR guidelines specifying that no repeat RT- PCR tests should be carried out in mild and moderate cases.
18. Mr. Rao, the learned Amicus has emphasised that the State should launch a sustained campaign to broadcast/ publish the relevant numbers and information for public consumption on a daily basis. Mr. Mehra submits that the inserts to be published in the newspapers are in the process of being redid.
19. In our view, it is high time the State uses its machinery and the print and other media to educate the people, and inform them with regard to the relevant numbers and websites, as also facilities available. The State should take urgent steps in this regard and report compliance by 11.05.2021.
20. Mr. Rao submits that he has finalised the list of Volunteer Legal Commissioners (VLC), and has circulated a note in this respect. We have perused the same, and approve the same. The list of 74 VLCs circulated by Mr. Rao are appointed to assist this Court under the directions of learned Amicus.
21. List on 10.05.2021.
VIPIN SANGHI, J REKHA PALLI, J MAY 07, 2021 Sr/nk Signature Not Verified Digitally Signed By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 14 of 14 ROHELLA Signing Date:09.05.2021 23:14