Take Action Against Labs Failing To Give RT-PCR Results Within 24 Hours : Karnataka High Court

A division bench of Chief Justice Abhay Oka and Justice Aravind Kumar passed the following directions while hearing a batch of petitions, passed the following directions.

Interim orders extended.

If the Criminal Courts in the State have granted interim bail orders or anticipatory bail for a limited period which are likely to expire between April 23 to May 29, shall extend till May 29. However, if applications are made for cancellation the concerned court will hear the application in accordance with law.

RT-PCR Test results within 24-hours:

Advocate B V Vidyulatha informed the court that she has undergone a test and has not received the result for the last 52 hours. Other members of the Bar also made the same grievance.

Following which the court said "We direct the state government to enforce direction of making availability of RT-PCR test by labs within 24-hours scrupulously and consider taking action against those labs which are not following the directions".

Admitting non-covid-19 patients to hospitals.

As per notification issued on April 20 and 21, laying down guidelines for admitting covid-19 patients into hospitals and eligibility for home isolation, hospitals shall admit non-covid, critically ill patients for care and treatment till further orders.

"We may note here that in absence of any clarity on part of the government, even non-covid critically ill patients are not being admitted to hospitals without producing negative RT-PCR test results. Pregnant women are not admitted for delivery unless they produce a negative report. Large queues outside labs and senior citizens and pregnant women are forced to stand in queues. One of the reasons for pregnant women made to stand is they will not be admitted unless they get negative RT-PCR test results.

State will have to seriously consider evolving policy which will ensure that in those cases where there are no symptoms compulsion should not be made of producing RT-PCR negative results. State shall consider this issue seriously, as those who are not required to undergo tests are undergoing it and every possibility of test results are being delayed. Directions be issued to the lab to have a separate queue for senior citizens and pregnant women".

Availability of Remdesivir:

A representation was received from S Shivakumar, President of Karnataka State Association of Management of Nursing and Allied Health Science Institution addressed to the Chief Justice. He himself is admitted to a hospital as he is infected with covid-19 he has specifically stated that life saving drug like remdesivir is being sold in black and the government has failed to supply sufficient stock to hospitals. Second issue is non-availability of beds and non-availability of oxygen.

The court said "If patients are unable to procure Remsedivir in appropriate quantity due to black marketing, the failure of the state to take appropriate action may result in violation of patient's right under Article 21 of the Constitution of India".

"We direct the state govt to publish everyday quantities of Remsedivir available with all leading stockists in all cities of the state. Wide publicity shall be given about the said data. Real time updating of the data shall be made at least after every 12 hours. Details of stockist/drug store with address and contact number shall be provided," the court said.

It added "State government to nominate government officials and NGOs to frequently visit the places of business of stockists only with a view to supervise if there is any black marketing or whether notwithstanding the availability of the stock the stockist or proprietor of the store is denying supply of remdesivir." Further, to avoid all controversy, state to consider purchasing medicine and supply the same to various hospitals in a fair and rational manner.

OXYGEN SUPPLY:

Even in the case of Oxygen like in the case of Remdesivir medicine, the state government will have to immediately consider creating some sort of distribution system by which the state distributes oxygen to hospitals by coordinating with suppliers.

State has produced notification dated April 21, one IAS officer is appointed as incharge of war for supply of oxygen and remdesivir. The manner in which war is functioning is clarified. In what manner relatives of patients and hospitals can approach the war room.

The war room setup for the purpose works effectively and the hospitals and relatives patients are able to get intouch with the war room so that in case of need the supply of oxygen and remdesivir can be made available on war footing.

CREMATION/BURIAL:

In the City of Bengaluru out of 13 crematoriums only seven are operating. Even Christian community is facing a severe crisis as in Bengaluru and Mysore no place for burial and civic body have been requested to give additional space for burial.

The court said "State government will have to step in and consider the creation of additional facilities for cremation/burial in those cities where there are a large number of covid-19 cases.

Availability of beds:

The court has directed the state government and BBMP to file a report giving details of availability of beds in the hospitals. On the availability of beds in the hospitals the situation is alarming, AAG/BBMP will take instruction and submit a report tomorrow.

The matter will be next heard on Friday.