Cap on wedding guests should have been put sooner: Delhi HC

A bench of justices Hima Kohli and Subramonium Prasad said that both the Delhi government and the Centre must put their heads together to tackle the situation.

The Delhi High Court on Thursday said the Delhi government should have capped the number of people allowed to attend weddings and other related functions sooner while observing that the capital was reeling under the massive surge in cases of the coronavirus disease in the last fortnight.

The court remarked that the Delhi government had anticipated the situation and still chose to open all the activities. (AFP file photo. Representative image)

A bench of justices Hima Kohli and Subramonium Prasad said that both the Delhi government and the Centre must put their heads together to tackle the situation.

“Why did you wait for a court’s direction to reduce the number of people? The city is reeling and you allowed the transport in full capacity. Tell us the rational object behind this decision. Why didn’t you wake up even after the situation worsened since November 1?” the bench said.

The court remarked that the Delhi government had anticipated the situation and still chose to open all the activities. “You had very well anticipated the situation because you had passed the September 12 order (reserving 80% ICU beds in the city). The cold wave along with the pollution during the winter months is a cocktail of death for the citizens, especially those who have breathing issues,” the court said.

Referring to the rising toll due to Covid-19 --- 131 people died of the infection on Wednesday, the high court bench asked why was the Delhi government waiting for the Centre and L-G for directions before taking measures to arrest the spike in cases. “You were shaken out of slumber. Do you know about the number of lives that has been lost in the last 18 days? Yesterday there were 131 deaths in a single day and the government is claiming that you were alive to the situation. The ground is full of dead bodies. Why were you have to look at the Centre and the Lieutenant Governor (L-G) for directions,” the bench said.

The court was hearing a plea by advocate Rakesh Malhotra seeking directions to the Delhi government to ramp up the number of tests in the city.

On Thursday, senior advocate Sandeep Sethi, appearing for the Delhi government, told the court that they have reduced the number of wedding attendees. He said that people are being fined for not wearing masks and not maintaining social distancing norms. He also submitted that the decision to shut down a few markets is pending with the Centre.

During the day, the Delhi government said the fine for not wearing mask in public places will be increased from Rs 500 to Rs 2,000. The L-G has approved the order.

However, the court said that even fining people is not acting as a deterrent and people who have not stepped outside of their houses due to the fear of the infection have also contracted the virus. The court said that there should be a strong deterrent.

“Considering that Delhi has a population of over two crores, it appears that the number of Enforcement vehicles and the Enforcement teams are insufficient,” the court said.

During the proceedings, the government also informed the court that they have collected Rs 11.8 crore between September 7 to November 16 in fines from people who were found violating the norms that make it mandatory for everyone to wear the mask and maintain physical distance and not spit in public places. As many as five persons were also arrested during this period, the government said.

Justice Kohli asked the Delhi government to indicate the steps they are taking to ensure that there are adequate facilities for victims of Covid-19 at the ghats and crematoriums.

“….Considering the steep rise in the death rates in the last 14 days, the Delhi government is directed to indicate the steps it has taken for adequate arrangements for those who have lost their lives to Covid-19,” the court said in its oral order.

The court also said that the Delhi government should be cognizant of the fact that rapid antigen tests are no longer helping because of the large number of asymptomatic persons, while adding that more RT-PCR tests should be conducted for better results. The judge also noted that only about 50% RT-PCR tests have been conducted as against over two lakh rapid antigen tests between November 9 and November 17.

The court noted in its order that the Delhi government is not conducting the fifth sero-survelliance stating that the third wave of Covid-19 is still in progress, even though the government told the press that the third wave has already peaked in the city. “The stand taken is that the third wave has already peaked in Delhi and cases of Covid-19 infection are gradually going down, though the same is not borne out from the daily reported cases of the infection,” the court said.

When additional standing counsel of the Delhi government Satyakam objected and urged the court not to take not of anything that has been published in the press, the court said, “Why would not we take this? We can take judicial note of the statements made by your ministers in the court. If you retract from whatever you have said in the media, I would remove it.”

The court also asked the Delhi government to indicate the steps taken by them to create facilities of care homes to shift those who live in small and confined spaces and do not have adequate space to self-isolate and “necessarily need a care home instead of hospitalisation to overcome the infection”.

The court also asked the Delhi government to properly publicise its order of September 12, reserving 80% ICU beds in 33 private hospitals in the city both in print and electronic media.

During the hearing, Satyakam told the court that the government would be adding 663 ICU beds (both ventilator and non-ventilator) to the current 1,167 ICU beds in government hospitals. He also told the court that about 750 ICU beds are being added after assistance from the Centre, and a decision to shut down a few busy markets is yet to be taken pending confirmation from the Union government.

The court directed that the ICU beds in the government hospitals should be made functional within the next week.

Reacting to court’s observations, Delhi chief minister Arvind Kejriwal said the government will strictly adhere to all orders and suggestions of the high court.

The bench also stated that the Delhi government should have roped in the readily available network of Residents Welfare Associations and the market associations in containing the infection in their respective localities/market places.

“We hope and expect that Delhi Government will examine the said suggestion and come up with a concrete plan in the next status report,” the court said.

The matter will be now heard on November 26.