Delhi HC directs AAP govt to file report on number of deaths due to oxygen shortage

The Government of NCT of Delhi has been directed to file report with regards to deaths of COVID-19 patients in hospitals due to the shortage of oxygen cylinders as families of the dead patients need to be compensated since it was state's responsibility to ensure the availability. A bench of Justices Vipin Sanghi and Rekha Palli stated, & quot We direct the GNCTD to file a report, after making enquiries from all the hospitals and nursing homes, with regard to the deaths which have taken place in the said hospitals and nursing homes on account of shortage of oxygen. The particulars of all such deaths i.e. the name of the patient the ward/ rooms in which they were admitted the time of death and the reason for death should be indicated in a tabular form. The affidavit in this regard by filed within 4 days.& quot The court, during the hearing, stated that oxygen cylinders are being sold for lakhs in the black market, and also pulled up the government for failing to take action against them. It directed the state to not only check black marketing but also address the issue of oxygen distribution to hospitals as well as individuals. “ Set your house in order. Enough is enough. If you cannot manage it, tell us then we will ask the central government to send their officers. We will ask them to take over. We cannot let people die like this,” said the court. While directing the Delhi government to file a report on the number of deaths of COVID-19 patients in hospitals and nursing homes due to the shortage of oxygen, it also asked the Delhi government to take account of stock and sale of medicines such as Remdesivir, Fabiflu and Tocilizumab at hospitals' pharmacies, as people are unable to get these drugs which are being sold at much higher rates in the black market. In the hearing that continued for over three hours, the bench also directed the government to take over the plant of an oxygen refiller for not supplying gas to hospitals and allegedly giving it in the black market, and made it clear that the same action should be taken with regard to other suppliers who refuse to fall in line. The court also rapped oxygen refillers, saying, it was not the time to become vultures. & quot Are you aware of black marketing? Is it a good human gesture?& quot the bench asked oxygen refillers. The court also slammed the Delhi govt for a blanket order mandating hospitals to cater to emergency patients and provide them with oxygen and medicine within 10-15 minutes of arrival, saying it was just trying to satisfy its conscience with & quot a paper exercise& quot . & quot There seems to be some disconnect.. and as if you're living in a different world, out of sync of how hospitals are dealing with it. Why do you pass these orders?& quot the court asked before it postponed the hearing till afternoon due to an SC hearing on COVID-19 essentials. The case pertained to an oxygen supplier Seth Air failing to deliver oxygen to Maharaja Agrasen Hospital in the National Capital. Commenting on submissions of the supplier, the court observed that the non-accounting of oxygen cylinders supplies by the Delhi government was leading to an artificial shortage of gas and black marketing, and asked the government to get its house on order. & quot Again we are seeing you are only doing distribution of lollipops. This man (Seth Air) is saying he has 20 tonnes but doesn't know who to distribute to! And you say you don't have oxygen,& quot stated the court. Advocate Udit Rai, appearing on behalf of the Delhi government, apprised the court that Seth Air's submission was false and that all the commitments made by the Delhi government have been honoured. The court then ordered: & quot It is evident that Seth has been diverting that oxygen and possibly selling cylinders in the black market. We direct GNCTD to take note and take over their unit. We direct Seth to not cause any obstruction in the running of the plant under the management of officers of GNCTD. & quot We want this unit to be taken over by tomorrow. Let this be an example for others,& quot the court added. The court also slammed the government, saying, & quot You have the power, take action against those engaging in black marketing of oxygen cylinders and medicines,& quot it said. The Bench said that this is a mess that the state government has been unable to resolve and sought a status report on the status of oxygen stock by 10 am Wednesday.