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SC tells HC to hear AAP govt’s plea on ICU beds on Thursday
The Supreme Court refused to interfere in Delhi high court’s order while asking the HC to hear the matter on Thursday.
The Supreme Court on Tuesday refused to interfere with the Delhi high court’s order staying the Aam Aadmi Party (AAP) government’s instruction to private hospitals in the city to reserve a substantial number of beds in intensive care unit (ICU) for Covid-19 patients.
The AAP government issued an order on September 12 asking 33 private hospitals in the city to reserve 80% ICU beds for Covid-19 patients. This order was stayed by the Delhi HC on September 22 on a petition by the Association of Healthcare Providers. Later, on October 9, a division bench of the Delhi high court took up an appeal by the Delhi government, refusing to vacate the stay while adjourning the matter to November 27. The AAP government approached the apex court against these two orders of September 22 and October 9.
The apex bench of Justices Ashok Bhushan and BR Gavai raised a preliminary objection against hearing the case. The bench said, “We know the problem faced by Delhi as cases (of Covid-19) are increasing. But the October 9 order passed by the Delhi high court has merely adjourned the matter. How can a special leave petition (SLP) be entertained against such an order?”
Additional solicitor general (ASG) Sanjay Jain appearing for the Delhi government pressed the panic button citing the upcoming Diwali festival. He said, “We are willing to go back to the Delhi high court but we request if the HC judgment could be stayed for a week as this week is crucial. Due to Diwali, people are intermingling and cases will go beyond control… If our order (of September 12) would not have been stayed, we could have got 500 more beds to admit Covid-19 patients. The current requirement is for more than 6000 beds and Delhi government hospitals, put together, can provide only up to 4,000 beds.”
The bench told Jain, “We are aware that the situation in the city is worsening. Delhi has a problem, sometimes 5,000, sometimes 10,000; this is a fluctuating situation… You can bring this matter to the attention of the high court.”
Jain explained that in the last few days, daily average of Covid-9 cases crossed the 7,000 mark. “If possible, please understand my predicament. The city is facing an extraordinary situation. Lots of people from other states are coming into Delhi for better healthcare. A large number of people in the middle class segment in the city prefer to get admitted to private hospitals.” He submitted that the order to reserve 80% ICU beds applied only to 33 private hospitals and was meant to be a temporary measure. “We won’t insist on reserving 80% beds beyond a week or two weeks,” Jain said.
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The Association of Healthcare Providers, the petitioner before the high court, appeared on caveat and objected to any stay of the HC order. Senior advocate Maninder Singh informed the Court that the high court was functioning till November 12 and till date, no request for early hearing has been made before the division bench. Even the matter arising out of the September 22 order was listed for hearing on November 18. Singh said he had no objection if the top court directs the matter to be heard by the high court this week.
The bench recorded this submission and stated in its order, “Looking to the facts of the case and the request made by learned counsel for the parties, we request the concerned Bench (of the Delhi high court) for taking up the letters patent appeal (LPA) on November 12.”
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Delhi government’s standing counsel Chirag M Shroff presented a chart before the apex court showing the availability of ICU beds in Delhi’s government hospitals vis-à-vis private hospitals. In its petition, the Delhi government stated that out of a total of 1,263 registered hospitals and nursing homes, 88 are government-run hospitals while 1,175 fall under private sector. There are 168 private hospitals in Delhi (including the 33 hospitals asked to reserve ICU beds) having 3,239 ICU beds.
The Delhi HC in its September 22 order held, “The State cannot discriminate between a Covid-19 and a non-Covid-19 patient requiring emergent treatment. In time of emergency, such patients cannot be told to run around finding a hospital where beds have not been reserved for Covid-19 patients.” Though the HC accepted a surge in the number of Covid-19 patients, it felt that the government’s decision was “arbitrary, unreasonable and violative of Article 21 (right to life)” of non-Covid patients suffering from life-threatening diseases.
