Delhi HC Issues Notice In Delhi Govt's Appeal Challenging The Stay On Its Order Directing Hospitals To Reserve 80% Beds In ICU For Covid Patients
Delhi High Court has issued a notice in a Letters Patent Appeal moved by the Delhi Government before the Division Bench of the Delhi High Court against the stay imposed by the Single Judge on its order directing the hospitals to reserve 80% beds in ICU for COVID patients. The Division Bench of Chief Justice DN Patel and Justice Prateek Jalan has issued notice to Association of...
Delhi High Court has issued a notice in a Letters Patent Appeal moved by the Delhi Government before the Division Bench of the Delhi High Court against the stay imposed by the Single Judge on its order directing the hospitals to reserve 80% beds in ICU for COVID patients.
The Division Bench of Chief Justice DN Patel and Justice Prateek Jalan has issued notice to Association of Private Hospitals and will next take up the matter on October 09.
The appeal has been filed against the order passed by the Single Bench of Justice Navin Chawla in the writ petition titled Association of Healthcare Providers (India) V. GNCTD.
In that order dated 22/09/20, the Single Judge had imposed a stay on the order issued by the Health & Family Welfare Department of the Delhi Government, directing all the private hospitals to reserve 80% in ICU for COVID patients.
The Delhi Government has argued in the appeal that the Single Judge has not appreciated the categoric submissions made on behalf of the government regarding the surge in the number of COVID-19 patients, and the dynamic efforts being undertaken to tackle the ever-changing nature situation regarding healthcare and medical facilities in the NCT of Delhi, on account of the COVID-19 pandemic.
It is further argued that the Single Judge did not appreciate the contention that the writ petition was moved by the Association of Private Hospitals not for the interest of non-COVID patients, but for solely look after the financial interests of the private hospitals, for letting them charge exorbitant fees from the critical COVID patients.
In the present appeal, the Delhi Government has further submitted that its order does not in any manner take away any person's right to be treated for any disease/ailment other than COVID-19 and has been issued in public interest, keeping in view the dynamic changes resulting from the unprecedented rise of the COVID-19 pandemic in the NCT of Delhi.
'As a result of the Impugned Order passed by the Learned Single Judge, the Right to Life of hundreds and thousands of COVID-19 patients who need critical and urgent medical care, and who have been or could have been admitted to ICUs at private hospitals, are now left solely at the mercy of the subject private hospitals', the petition states.
The Delhi Government in this case is being represented by Additional Solicitor General Sanjay Jain, and Mr Sanjoy Ghose.