Reduction Of COVID ICU Beds Reservation: High Court Asks Delhi Govt To Submit Status Report After Jan 5 Meeting

The Single Judge Bench of Justice Subramonium Prasad hearing the matter was informed by the Delhi government counsel the committee reviewing the situation is scheduled to meet on Jan 5. In a previous hearing the government had informed the court that the committee constituted comprised of top-notch doctors and their opinion on the issue of "de-escalation" of reservation and other issues under consideration was essential and relevant to the case.

The government counsel had also told the High Court that until any administrative decision was taken in the matter, the court could not exercise its power of judicial review in the case.

On the question of de-escalation, the Delhi government has said in its latest status report that, "The new UK strain of COVID-19 is a new development which has witnessed itself to the country very recently. The new strain situation is still evolving in the country. About 20,622 persons have landed from the UK in Delhi, from November 25, 2020, to December 23, 2020. Further till now, about 19 UK returnees have tested positive and their genome sequencing in underway in NCDC. In view of the unfolding situation of the new strain, we are of the view that we should take abundant precaution."

The government has also cautioned in its report against Christmas and New Year celebrations acting as super spreaders of the virus.

The Association of Healthcare Providers on the other hand, has submitted repeatedly before the Court that the unilateral order passed by the government directing reservation of the ICU beds is not only violative of the fundamental rights of non-Covid patients as it deprives them of ICU treatment even in emergency cases but also amounts to sitting over ICU beds through 'reservation', a phenomenon which is unknown globally.

The Court earlier asked the Delhi government to consider reviewing its decision reserving 80 per cent ICU beds for COVID-19 patients only in 33 private hospitals.