ICU bed reservation for COVID-19 sufferers: Supreme Court declines Delhi govt plea against stay
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: A Special Bench of the Supreme Court on Tuesday declined the Delhi authorities’s enchantment to raise a High Court stay of its directive to non-public hospitals to order 80% of their Intensive Care Unit (ICU) beds for COVID-19 sufferers.
A Bench of Justices Ashok Bhushan and B.R. Gavai requested the Delhi authorities to method the Delhi High Court, the place the case is scheduled for listening to by November-end. The high courtroom requested the High Court to take up the case on November 12 because it involved an pressing public well being problem.
The Bench sat completely for listening to the federal government’s enchantment. The courtroom is closed for Deepavali holidays.
Additional Solicitor General Sanjay Jain, for the federal government, stated the competition would see crowds. The nationwide capital would require a number of hundreds extra of beds to satisfy the well being contingency.
Justice Bhushan stated it will be higher to put the info earlier than the High Court itself, whereas agreeing that circumstances have been on the rise in Delhi.
The authorities argued that it had solely instructed 33 hospitals to order 80% ICU/HDU beds for COVID-19 sufferers owing to the rising graph of infections.
“As a result of this proactive intervention, almost 500 patients were able to secure admission in ICU beds of these private nursing homes and hospitals. The rate chargeable for these beds has also been capped by the government in the interest of the public,” the Delhi authorities petition, filed by way of advocate Chirag M. Shroff, has contended within the high courtroom.
A single choose of the High Court on September 22 stayed the federal government order on a petition filed by Association of Healthcare Providers (India), which stated the order would deprive non-COVID sufferers of pressing medical care.
A Division Bench of the High Court, as an alternative of lifting the stay, merely adjourned the case to late November.
“The Division Bench has failed to take judicial notice of the COVID-19 pandemic and the steadily rising graph of infections. Delhi has always been the preferred location for seeking medical treatment by patients even from neighbouring and other States,” the federal government enchantment stated.
The authorities stated the High Court failed to understand that the petition filed against the September 12 order was nothing however a cloaked try by sure hospital managements to protect their very own monetary pursuits.
The petition stated out of the 33 hospitals listed, 28 have been already functioning as “partial COVID hospitals”.
“Out of those 28 hospitals, 22 were allotted land by the government at concessional rates. Five out of 33 hospitals have already been operating as COVID-19 hospitals. Four out of five hospitals have also been allotted land at concessional rates,” the petition contended.
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