Ensure Some Beds From Command Hospitals Are Available For COVID Patients : Karnataka High Court Directs Centre

A division bench of Chief Justice Abhay Oka and Justice Aravind Kumar while hearing a batch of petitions said "Military, Air Force, is there in the city. The request made by BBMP for beds has been rejected. Counsel for the Union Government will immediately take up the request with the authorities and make beds available. Ensure that some beds are made available from Command Hospitals."

The bench also directed the state government to convene a meeting with the Commanding Officer and request him for assistance in the matter.

On going through the status of beds available in the city of Bengaluru the bench said "The situation is 'alarming' in terms of availability of beds for treating covid-19 patients in the city of Bengaluru."

During the hearing the bench expressed displeasure as the state government and Bruhat Bengaluru Mahanagara Palike (BBMP) failed to comply with the direction issued on April 22,in terms of publishing that data of availability of Remdesivir medicine at stockist and drug stores on their website.

The bench orally said "from tomorrow statewide lockdown starts. If relatives of a patient are told to get Remdesivir, where will they get it from? Should relatives of patients run from pillar to post to get details of where they can get Remdesivir medicine?. It added "By tomorrow we want compliance with making available data in regards to availability of Remdesivir and Oxygen in the public domain. At least do it in the case of Bengaluru city first and then other cities in the state.

Dr H M Prasanna, President of Private Hospitals and Nursing Homes Association who appeared before the court in person claimed the supply of the medicine is only 25 percent of demand in Bengaluru. The Government has a huge stock of Remdesivir but they are not releasing it.

It was also claimed by him that only 50 percent of oxygen demand is being supplied. "We have to source from private suppliers. There is no network of State government or BBMP to supply Oxygen. The state war room set up specifically to address the issue is also unresponsive. They have not helped us in any way," he claimed. He added that for Bengaluru alone there was a  need 300 MT of oxygen supply.

Advocate General Prabhuling K Navadgi assured the court that the State government will forthwith convene a meeting with all stakeholders. It also directed Dr Prasanna to address a letter raising the concerns mentioned before the court by way of a representation to the Health secretary and also forward a copy of the same to the Advocate General.

The court in its order noted that today we are dealing with only three issues. Availability of beds. Availability of remdesivir and availability of oxygen. It said "These issues have direct correlation with the Right to Life under Article 21 of the Constitution of India."

It accordingly passed the following directions:

As regards availability of bed:

The bench recorded that at 11.15 am today only 74 HDU beds were available in Bengaluru city. ICU and ICU ventilator 20 and 14. It said "This is an alarming situation."

State government is directed to place on record availability of beds in state and in those districts where there are more than 5,000 covid-19 positive cases, as of today.

Advocate for Central Government will report to court whether any beds in the hospital of Armed forces can be made available to citizens on the next date of hearing.

Availability of Oxygen:

The bench noted that the issue of availability of oxygen is a serious one. In the state 1471 MT will be needed per day. Accordingly it directed the Government of India to make allocation. If allocation is not made as on April 30, going by the projected figures of the state government there will be a shortfall of more than 600 MT of Oxygen.

Availability of Remdesivir:

State government is directed to immediately step in and ensure that data is published on public domain in regards to availability of remdesivir with stockist and druggist in different districts of the state.

State appoints Special counsel to appear in the matter.

The High Court suggested that Advocate Vikram Huilgol who was the additional government advocate earlier and has now resigned from the post and who appeared in the matter since last march, be appointed as amicus curiae in the matter. To which the Advocate General responded by saying "We will appoint him as Special counsel for the state government. I have already spoken to him."

The matter will be next taken up for hearing on April 29.