Delhi High Court - Orders
Rakesh Malhotra vs Government Of National Capital ... on 12 May, 2021
Author: Vipin Sanghi
Bench: Vipin Sanghi, Rekha Palli
$~6,8-23.
* 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) 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
+ 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
Signature Not Verified
Digitally Signed
By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 1 of 16
ROHELLA
Signing Date:12.05.2021 23:39
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
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
Signature Not Verified
Digitally Signed
By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 2 of 16
ROHELLA
Signing Date:12.05.2021 23:39
BHAVREEN KANDHARI ..... Petitioner
versus
GOVT OF NCT OF DELHI & ORS. ..... Respondents
+ W.P.(C) 5073/2021 & CM APPL. 15529/2021
VENKATESHWAR HOSPITAL ..... Petitioner
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
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
Petitioner in person in W.P.(C) No.3031/2020.
Mr.Mahesh Agarwal, Mr.Rishi Agrawala, Mr.Karan Luthra, Mr.Ankit
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.
Signature Not Verified
Digitally Signed
By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 3 of 16
ROHELLA
Signing Date:12.05.2021 23:39
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.
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.
Signature Not Verified
Digitally Signed
By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 4 of 16
ROHELLA
Signing Date:12.05.2021 23:39
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, Ms. Aayushi Bansal, 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
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
Signature Not Verified
Digitally Signed
By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 5 of 16
ROHELLA
Signing Date:12.05.2021 23:39
Vinjam and Mr. Ritesh D, Advocates in C.M. NO. 15962/2021.
Ms. Shweta Kabra, Advocate for India Glycols Limited.
Mr. Tushar Sannu, Standing Counsel, IHBAS with Mr. Ankit Bhadouriya
and Mr.Subham Jain, Advocates for IHBAS.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 12.05.2021
1. At the outset, Mr.Sanjeev Sagar has submitted that the trial courts are probably not aware of the order passed by this Court on 02.05.2021. He further submits that the oxygen concentrators also fall within the definition of "drug" as defined in terms of the Customs Act since they are "apparatus" falling with the said definition.
2. Mr.Rao, learned Amicus submits that the Union of India should immediately proceed to fix the MRP of all products that fall within the definition of "drug" under the Drugs and Cosmetics Act, since delay to do so may be taken advantage by those indulging in black-marketing of such products, by exploiting the short supply verses the high demand, and by selling them at exorbitant prices.
3. Mr.Mahajan, learned Standing Counsel of Union of India states that some steps have already been taken in this regard. He seeks time till tomorrow to get instructions in this regard. He states that certain suggestions have already been made to concerned officers/authorities by the learned ASG. We may observe as early as on 29.06.2020, the process for fixing the price for imported and domestically manufactured oxygen concentrators was initiated, but the said process was left incomplete. It is Signature Not Verified Digitally Signed By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 6 of 16 ROHELLA Signing Date:12.05.2021 23:39 high time, the MRPs of not only oxygen concentrators but all other equipment requires for treatment of COVID for which there is much demand today, should be fixed so that malpractices immediately stop. This aspect shall be considered on the next date.
4. Mr.Rahul Mehra, learned senior counsel for the GNCTD suggests that Mr.Sagar may prepare a note and circulate the same to Mr.Satyakam and him, which will be taken up with the State as well as the Director of Prosecution so as to sensitize and inform the public prosecutors, who are dealing with cases relating to black-marketing and hoarding in Delhi.
5. Mr.Sagar states that he will prepare a note during the course of the day and the same will be circulated. Mr.Satyakam will take the said note and circulate the same without any delay. Status in this regard be reported by Monday i.e. 17.05.2021.
6. Mr.Rao has proceeded to place before this Court the issue regarding compliance which the Union of India had to make in terms of our orders passed till yesterday. He submits that on 07.05.2021 this Court required the UOI to inform the time period within which the compressors required for completion of work of 2 PSAs will be supplied.
7. Mr.Mahajan has screen shared a tabulation in relation to the plants installed in Delhi, and as per the said tabulation, the compressors of the two plants installed at Dr.Ambedkar Nagar Hospital, Dakshinpuri and Satyawadi Raja Harish Chandra Hospital, Narela could be supplied by 16.05.2021.
8. We direct the Union of India to ensure that the said supply of compressors is made on time. The matter should be followed up with the supplier closely for this purpose. Status report with regard to such supply Signature Not Verified Digitally Signed By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 7 of 16 ROHELLA Signing Date:12.05.2021 23:39 and installation of the PSAs plants in the aforesaid hospitals be reported on 21.05.2021.
9. Mr. Rao submits that on 01.05.2021, in the second order, we had required the Union of India (UOI) to report the position as to whether the lots of Remdesivir banned for export have been allowed to be utilized in the domestic market. He submits that no Status Report in this regard has been filed in this Court. However, UOI had filed an affidavit before the Supreme Court touching upon the subject which has also been filed before this Court.
10. Mr. Mahajan submits that so far as the export consignment - export whereof is stopped by the Government is concerned, the same cannot be diverted to domestic market since production of the said consignment was not after clearances from the Drug Controller. He submits that it is open to such manufacturers of Remdesivir to apply for clearances/ licenses by the Drug Controller and other authorities for supplying to the domestic market and, if and when, they apply, their applications would be considered expeditiously. He submits that one of the manufacturers for export has already made an application. He further states that 35 additional manufacturing units have been given clearances for manufacture of Remdesivir for domestic consumption.
11. Mr. Sharma, learned ASG has also shared some details with us - the prominent being that seven manufacturers have been given licenses to manufacture Remdesivir, and the production has been ramped up from 38 lakh vials to 1 crore vials per month.
12. So far as the export consignment already readied for export is concerned, if the same is not to be diverted to Indian markets, UOI should consider releasing the same for export, lest the said medicine loses its Signature Not Verified Digitally Signed By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 8 of 16 ROHELLA Signing Date:12.05.2021 23:39 efficacy and it is not used by anyone. In respect of the manufacturers who manufacture for export of Remdesivir, they should be informed that in case they apply for manufacture for domestic consumption, their application would be considered expeditiously.
13. Mr. Sharma states on instructions that if an application for grant of license to manufacture for domestic consumption is made by any of the manufacturer of Remdesivir for exports, the same shall be dealt with expeditiously.
14. A communication in this regard shall be issued to all the export manufacturer, encouraging them to apply for license to manufacture for domestic consumption and that their application would be expeditiously dealt with. Let status report/ compliance report be filed within 4 days. This aspect shall be considered on 18.05.2021.
15. Mr. Rao has submitted that he has received information from about 80 odd hospitals in respect of the direction issued by us in the second order dated 01.05.2021 requiring all the hospitals of the GNCTD, UOI, Private Hospitals and Nursing Homes to provide data of occupancy of beds by Covid-19 patients by 04.05.2021. He informs that the said information has not been supplied by the Hospitals of the UOI and by many other, Private Hospitals and Nursing Homes.
16. Ms. Parashar submits that the information shall be provided to the learned Amicus positively within the next two days. We direct the Medical Superintendents of all the hospitals of the Central Government in the NCT of Delhi to positively comply with this direction. This direction shall be conveyed to them by the learned Standing Counsel for UOI. In case of non- compliance, they shall remain present during the hearing on 17.05.2021. So Signature Not Verified Digitally Signed By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 9 of 16 ROHELLA Signing Date:12.05.2021 23:39 far as the Private Hospitals and other Nursing Homes are concerned, Mr. Rao has shared the particulars of the Hospitals and Nursing Homes who have submitted information to Mr.Satyakam so that he can take up the issue with other Hospitals and Nursing Homes who have declared Covid Beds on the Portal of the GNCTD, so that information is brought on record. Let the same be done.
17. Delhi Police has placed before this Court a tabulation which enlists cases of hoarding/ black-marketing in which FIRs have been registered between 02.05.2021 and 08.05.2021. In the said list, from serial No.11 onwards, the FIRs which have been registered on 03.05.2021 and thereafter are listed. Mr.Satyakam should check up with regard to the FIRs registered on 03.05.2021 - whether they relate to incidents of 02.05.2021 or earlier. For the time being, we are taking up the cases registered as on 04.05.2021 onwards which are at serial Nos. 14 to 57. All these cases have been classified as those relating to either black-marketing, or hoarding, or both.
18. We direct issuance of Court Notice to all the accused as well as those persons added as accused during the course of investigation in the said cases which are enlisted from serial Nos.14 onwards returnable on 19.05.2021. Notice shall be served to alleged contemnors through the SHO of the local police station concerned where the cases are registered. The alleged contemnors shall remain present virtually before the Court on the next date. The Noticees shall inform the learned Amicus in advance through email on his email ID ([email protected]) the fact that they shall remain present during the hearing on the next date. Disregard to this notice shall be viewed strictly.
Signature Not Verified Digitally Signed By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 10 of 16 ROHELLA Signing Date:12.05.2021 23:3919. Ms. Prabhsahay Kaur has circulated a note on the assistance offered by Bachpan Bachao Aandolan an NGO of Shri Kailash Satyarthi who received the Nobel Peace Prize in 2014. The said NGO has been working to address various issues pertaining to child rights. That Bachpan Bachao Aandolan is in a position to offer assistance to the Delhi Government, in order to help children in several ways which are as follows:
"1. COVID-19 Care Kits to all CCI's:
BBA can provide Covid-19 Care kits consisting of Oxygen concentrator, Oxymeter, PPE kits (10), Medicines (generic medicines such as Paracetamol, Vit C, etc), Nebulizer and Steamer. These can be given free of cost to all Govt. run Child Care Institutions (CCI's) in Delhi forthwith and if a private run CCI requires it, that can we arranged as well.
2. Isolation Centre:
BBA runs a CCI by the name of Mukti Ashram. It has designated a separate ward/space as an Isolation Centre for children who have contracted COVID-19 or have been exposed and are mild or asymptomatic cases [aprox. 20 beds]. There is a Doctor available on call 24x7, Trauma Counselor, and Covid Care kits. This may be attached with a Govt. Hospital if a child requires further medical care.
3. Street Children and orphaned Children:
Mukti Ashram can also be utilized/designated by the Govt. as the District Home for Street Children to receive food/medicines/masks, etc. Periodical visits of a Doctor will also be arranged. The infrastructure in this regard is available. The Home has infrastructure to take care of orphaned children as well.
4. Trauma Counselling to all CCI's:
BBA can provide Trauma Counselling to children that require it by renowned Psychologists and Pediatricians for the next 3 months.Signature Not Verified Digitally Signed By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 11 of 16 ROHELLA Signing Date:12.05.2021 23:39
5. CCI Staff Training on COVID protocol:
Online training of staff in CCI's can be provided by Doctors and a Counsellor so as to equip the staff to handle children who have been a victim of situations on account of COVID-19."
20. This note has been circulated to Mr. Satyakam, the learned ASC as well as the learned Amicus. Mr.Mehra assures that the help offered by the said NGO would certainly be utilised for the children in need of care, and the matter shall be taken up by the Principal Secretary of Women and Child Welfare Department of the GNCTD with Bachpan Bachao Aandolan. A communication in this regard may be initiated with Ms.Prabhsahay Kaur, who shall carry it forward.
21. Ms. Prabhsahay Kaur has also prepared the inserts to be included to the print-media to make public announcements of the Helpline Numbers for protection of children during Covid-19 - both in Hindi and English language. They have been shared with learned counsel for the GNCTD, as well as with Mr. Rao, the learned Amicus. We have perused the said inserts and find that the same have been designed with lot of thought and care. They contain all the relevant information and would go a long way, if circulated to public at large, to educate the public with regard to the Helplines available for providing protection to children during Covid-19 and also to inform them as to what conduct constitute offences which should land the offender in Jail. The facilities that the agencies, whose Helpline Numbers have been provided, provide have also been enumerated.
22. Mr. Mehra states that, independently, the State has also prepared an insert to be published in the National Dailies on the said subject which has been forwarded to the DIP. Mr. Mehra states that the inserts prepared by Signature Not Verified Digitally Signed By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 12 of 16 ROHELLA Signing Date:12.05.2021 23:39 Ms. Prabhsahay Kaur are very useful and would also be made public. Let the same be published at the earliest for communication of the information contained therein to the public.
23. Ms. Prabhsahay Kaur states that she has also prepared inserts of the similar kind to make the public aware about the Helpline and services available for providing help to the Senior Citizens in these times. However, the Helpline No. 1077 publicised by the GNCTD is not dedicated to serve the needs of the Senior Citizens. Let GNCTD inform as to what Helpline Numbers and facilities have been created for servicing the needs of the Senior Citizens in the present times. This information be provided to the Court on 17.05.2021.
24. Mr. Sagar Mehlawat, who is a public spirited law student, has joined the proceedings. He informs us that a large cache of medicines, including expired medicines used for treatment of COVID-19 have been dumped at MG Road, Near Ahinsa Sthal. He states that these medicines bear a stamp, which shows that they were meant to be supplied to Delhi Government Hospitals. He has already reported the matter to the ACP concerned, and also informed the learned Amicus. The said information may be shared with Mr. Satyakam, and immediate steps should be taken by the Police to seize the dumped medicines, lest they are picked up by persons from the public and misused. Appropriate cases should be registered, and investigated. Let status report in this regard be placed before the Court on 17.05.2021.
25. Mr. Abhay Gupta had raised the issue with regard to the over- charging by the hospitals and nursing homes for treatment of COVID patients on 07.05.2021. After taking note of the submission of Mr. Gupta, Signature Not Verified Digitally Signed By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 13 of 16 ROHELLA Signing Date:12.05.2021 23:39 we had put it to Mr. Mehra, learned Senior counsel for GNCTD to examine whether the order which capped the rate @ Rs. 18,000/- per day to be charged by private hospitals - which charge include the charges for use of oxygen, gloves, bipap machines etc, needs revision keeping in view the huge surge in the number of patients, and also the fact that many hospitals have been converted into 100% COVID facility. The State was to report instructions by 12.05.2021 i.e. today. However, Mr. Mehra states that no progress has been made in this regard.
26. The issue raised by Mr. Gupta is a very serious issue, and its consideration brooks no delay. He has shared the documents which show that even though package charges have been fixed by the hospitals, over and above the said package charges, moneys are being collected by the hospitals under different heads which, prima facie, should have formed part of the package charges themselves. We direct Secretary, Health, GNCTD to convene a meeting with the administrators of a cross section of the hospitals and nursing homes, and their associations, to discuss the said aspect so that there is standardisation and rationalisation of the charges charged by hospitals and nursing homes. The learned Amicus should also be sent an invite for joining the said meeting. He shall place the concerns raised before the Court, before the Stake holders. Premised on what transpires in the meeting, the GNCTD shall issue appropriate orders capping the charges levied by private hospitals and nursing homes for treatment of COVID patients. Further status should be reported in this regard on 18.05.2021.
27. Mr. Mehra states that since the suo moto proceedings before the Supreme Court are listed for tomorrow, we may not proceed with the matter tomorrow as all the counsels are likely to be held up in the Supreme Court.
Signature Not Verified Digitally Signed By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 14 of 16 ROHELLA Signing Date:12.05.2021 23:39In view thereof, we shall not take up the matter tomorrow. All compliances which were required to be made by tomorrow should be complied with. However, they would be taken up on the next available date.
28. List on 17.05.2021.
C.M.No.16217/2021 in W.P.C3031/2021
29. This application is filed by the applicant Mr.Puneet Singh Bedi to intervene in the matter, who is a corona survivor.
30. Mr.Sanjoy Ghose, learned senior counsel for the applicant states that IHBAS has itself offered some of its beds for COVID care. For this purpose reliance is placed on the observations made in the order dated 07.05.2021 passed by the learned Single Judge in W.P.C.5211/2021. The relevant observations made in the said order reads as follows:-
"17. In addition, during the course of this hearing, it has been revealed that IHBAS has a total capacity of over 200 beds, and at this point of time, approximately only about 50 beds are occupied. IHBAS is stated to have already moved a proposal to the GNCTD, to make available about 60 to 80 beds, and convert the same into a COVID facility, vide letter dated 6th May 2021. The said letter states as under:
"20. In view of the detailed justification above, it is requested that the GNCT of Delhi may be requested to consider and accord permission for establishing a 60 or 80 bed Covid care Section facility at IHBAS."
18. Considering the acute shortage and severe demand for beds pertaining to COVID-19 patients and COVID-19 related facilities in the city of Delhi, the Principal Secretary, Ministry of Health, GNCTD, shall process the proposal from IHBAS, which has been sent. Copy of the proposal be also handed over to the ld. Counsel for the GNCTD.
19. If any additional measures are required to be taken for making the 60 to 80 beds at IHBAS as a specialised/ designated COVID facility, Signature Not Verified Digitally Signed By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 15 of 16 ROHELLA Signing Date:12.05.2021 23:39 the same shall be done by the GNCTD in coordination with the hospital authorities. Further, an endeavour shall be made to immediately operationalize the said COVID facility at IHBAS, as per the applicable protocols and norms.
20. On this issue of the creation of a COVID-19 facility at IHBAS, ld. Counsels to report to the Court on the next date.
21. List on 13th May, 2021."
31. In our view, there was no need for the applicant to move the present application, since the learned Single Judge has already issued necessary direction and the matter is still pending consideration before the same Bench and would be taken up on 13.05.2021. We, therefore, reject this application, since the aspect raised by the applicant is already pending consideration before the learned Single Judge.
32. The application stands dismissed.
VIPIN SANGHI, J REKHA PALLI, J MAY 12, 2021 Kk/sr/bsr/N.Khanna Signature Not Verified Digitally Signed By:BHUPINDER SINGH W.P.(C) No. 3031/2020 & all connected matters Page 16 of 16 ROHELLA Signing Date:12.05.2021 23:39