80% ICU beds reserved for Covid patients occupied, will review situation in 10 days, Delhi govt tells HC

The Delhi high court on Tuesday asked the Delhi government to review the reservation of intensive care unit (ICU) beds in 33 private hospitals for Covid-19 patients

The Delhi high court on Tuesday asked the Delhi government to review the reservation of intensive care unit (ICU) beds in 33 private hospitals for Covid-19 patients after the government informed the court that 80% of the reserved beds are occupied. The government also sought another 10 days to review the situation in view of the wedding season, the cold weather and bad air quality.

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The court was hearing a plea by the Association of Healthcare Providers, through advocate Sanyam Khetarpal, which had challenged the September 12 decision of the Delhi government to reserve 80% ICU beds in 33 private hospitals for Covid-19 patients. This order was stayed by the high court on September 22 by a single judge bench.

Later, on October 9, a division bench of the court took up an appeal by the Delhi government, but refused to vacate the stay while adjourning the matter to November 27. The AAP government then approached the Supreme Court against the two orders. But the Supreme Court refused to interfere with the HC order and asked the government to seek relief from the high court.

On November 12, a division bench of justice Hima Kohli and justice Subramonium Prasad vacated the stay considering the increase in the number of Covid-19 cases in the city at that time.

Additional solicitor general Sanjay Jain, appearing for the Delhi government, on Tuesday told justice Navin Chawla that they have been monitoring the occupancy status of hospitals across Delhi, including the 33 hospitals, on a dynamic basis, considering the emergent nature of the pandemic.

He told the court that the government would need more time to monitor the situation keeping in mind the wedding season, the bad air quality and rate of infection. He said a meeting was held under the chairmanship of Delhi health minister on December 11, during which it was decided that the order on reserving beds may be continued, in view of the fact that on December 10, the total occupancy of reserved ICU beds was 70.7%. Further, about 138 non-Covid ICU beds were still available with these 33 hospitals.

He also said the meeting decided that the situation shall be reviewed after 10 days.

According to an affidavit filed by additional standing counsel of Delhi government, Sanjoy Ghose, on December 11, 1,088 of 1,539 Covid ICU/ HDU beds (70.7%) at these 33 hospitals were occupied. Furthermore, in 12 of 33 hospitals, the occupancy of Covid ICU/ HDU beds was more than 80%, while seven hospitals had 100% occupancy. Also, a total of 792 non-Covid ICU beds were available in the 33 hospitals of which 654 were occupied, the affidavit said.

However, these facts were disputed by the petitioner counsel, senior advocate Maninder Singh. “Why does the state create infrastructure because you are virtually nationalising everything. 1,782 ICU beds in the government hospitals are vacant. The data means nothing,” he said.

Following this, the court asked the government to review the situation and place an updated record before it. The matter would be now heard on December 23.