[Supply Of Oxygen]"Seems You Are Passing Orders As If Living In A Completely Different World": Delhi High Court Tells Delhi Govt.

Delhi High Court on Tuesday observed that it seems that the Delhi Government is passing orders and issuing directions as if they are living in a completely different world, are out of sync and don't know the ground reality. 

The observation was made by a division Bench of Justice Vipin Sanghi and Rekha Palli after being informed about the order issued by GNCTD on 25th April asking hospitals to attend to the patients who come in their emergency. 

The Court was hearing the plea concerning Covid 19 situation and supply of medical oxygen in the national capital. 

The observation was made after Adv Alok Aggarwal appearing for Maharaja Agrasen submitted before the Court that there's been a slight difficulty regarding emergency patients. He informed the Court about the order passed by GNCTD asking hospitals to attend patients come in the Emergency and provide them with oxygen and medicines. 

"We have a number of beds which are ICU beds. And there is the emergency where they are given oxygen,etc. The people who come in the Emergency are not counted for purpose of oxygen. We infact provide them Oxygen, and don't charge them. The difficulty is On 25th april a notice was issue by GNCTD saying we have to attend every patient who comes in the emergency in 10 minutes and provide oxygen and medicines." 

Aggrawal added that the hospital doesn't have have oxygen and are running very low on medicines. Its very difficult for hospitals to follow such directions as they are already under such crunch. 

"Someone in GNCTD has to help and tell us, if we are completely full with ICU beds where are these people who we cannot admit because of our own difficulties, go? They cannot stay in emergency areas." Aggrawal said. 

"I can't have a situation where i remove a person's  mask and discharge them. I can't kill a person who's already on oxygen because of a government order." Aggrawal added.

"There seems to be some disconnect. It seems you are passing orders as if you are completely living in a different world, you are completely out of sync and you don't the ground reality or how hospitals are coping up with situations. Why do you pass these orders? We don't understand." Justice Sanghi remarked 

The Bench stated that it can understand if you make inspection of a hospital where there is some inefficiency and you take action against that particular hospital, but what is the need to pass these kind of directions . 

"And then you don't seem to account for oxygen reasons, when it comes to computing to oxygen" the Bench further said. 

Adv Satyakam appearing for the Delhi Government stated that If there is sufficiency of oxygen all these issues of bed will be solved. He explained that what the order is saying is that, if someone is coming to these hospitals, treat them for 10-15 minutes and don't leave them outside.

"But they are doing what they can. You think you have discharged your duty by passing such an order. Let us tell you this is nothing less than a paper exercise. You are satisfying your own conscience probably" the Bench observed 

"Don't be unreasonable. If you are unreasonable in these circumstances you will achieve nothing." Justice Sanghi remarked. 

"We have lot of issues i agree. We will resolve them. We will need to look at it holistically." Adv Satyakam said. 

Senior Adv Tushar Rao suggested the Court to find a system where continuity is given to small hospitals. He stated that Smaller hospitals are also lining up with individuals in cylinder filing places and they are crowding, and a continuity can be provided to these gas filing stations as the bigger hospitals.

During the hearing, the Court inquired if any orders have been passed by the Top Court in its suo moto de regarding oxygen supply. After being informed that the Supreme Court is currently hearing the matter, the Bench decided to assemble after the Top Court has heard the matter today.