Covid-19: Why did you wait for court order to start taking action, Delhi HC asks govt

The bench said the Delhi government cannot blame the Centre for non-cooperation and that both the authorities should put their heads together to tackle the situation

The Delhi High Court on Thursday pulled up the Delhi government for its delayed action in controlling the rising number of Covid-19 cases in the national capital while seeking to know why it was waiting for the court’s order to reduce the number of attendees at the weddings.

The court said that it is disheartening to note that the number of deaths have been increasing on a daily basis with the highest number of deaths shooting up to 134 (Biplov Bhuyan/HT PHOTO)

A bench of Justice Hima Kohli and Justice Subramonium Prasad said that the Delhi government cannot blame the Centre for non-cooperation and that both the authorities should put their heads together to tackle the situation. It said that the situation has worsened in the last 18 days and it was only after the court pulled the Delhi government up that it set things in motion.

“Why did not you wake early? The alarm bells should have rung loud in your head. 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?

“You were shaken out of slumber, you turned turtle after we asked questions. Do you know about the number of lives that has been lost in the last 18 days? Yesterday there were 134 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.

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 and fine collection is not for revenue.

“It should be a strong deterrent so that the people abide by the rules of wearing a mask,” the bench said.

The court said that it is disheartening to note that the number of deaths have been increasing on a daily basis with the highest number of deaths shooting up to 134. 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 burning ghats and crematoriums.

“What steps are you taking to manage the crematorium grounds? They are overflowing and funeral pyres are working throughout the night….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 said that testing via RT-PCR should be increased.

During the proceedings, 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 Delhi government has informed us that the fifth sero survey has not taken place because the city is reeling under the third wave. However, statements have made to the press where the government has stated that the third wave has already peaked even though it has not been reflected in the ground situation,” 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 properly publicise its order of September 12 order reserving 80 ICU beds in 33 private hospitals in the city both in print and electronic media.

During the hearing, ASC Satyakam told the court that the government would be adding 663 ICU beds (both ventilator and non-ventilator) to the existing number of 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.

During the proceedings, the court also 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.

The matter will be now heard on November 26.