'We Must Not Drop Our Guard And Say "Second Wave Is Gone", We Have To Plan For Future So We Are Not Caught Napping': Madras High Court

In the course of its suo motu proceedings instituted to track Covid management in Tamil Nadu, Chief Justice of Madras High Court Sanjib Banerjee urged that preparations would have to be made for the future when the State Advocate General's submission that there was an improvement in the Covid situation in the state.

"We have to plan for the future also. We must also not drop our guard, and say 'second wave is gone'! We have to prepare for the future, so next time we are not caught napping" , the Chief Justice said.

In the hearing today, the Division Bench of Chief Justice Sanjib Banerjee and Justice Senthil Ramamoorthy, also remarked that the Centre's statement filed today seemed a rehash of previous submissions. To this, the Additional Solicitor General Shankaranarayan replied that he would respond with a detailed report by Monday.

The Court noted that the Centre's statement showed no indication of allocation of vaccines and drugs in the near future or of any plan which is in place.

With this observation, the Bench expressed a hope that a detailed report on the plan of action would be filed.

On supplies of Drugs and Oxygen

The Court took note of the submissions of Advocate General R. Shunmugasundaram and Puducherry Government Pleader that the State of Tamil Nadu and Union Territory of Puducherry were not receiving required amounts of oxygen. Referring a report filed by the Tamil Nadu Health Secretary, the Chief Justice pointed out that 100 MT of oxygen from the eastern corridor was not being delivered on a regular basis. 

The Advocate General averred that the State was able to manage with the existing supply. But Chief Justice Banerjee pointed out, "They (the State) are rationing, using concentrators for patients who are not serious, liquid oxygen for serious patients..."

Taking note of the lack of supplies in the southern districts of Tamil Nadu, the Court said, "But Chennai is not Tamil Nadu...we need to augment resources in Southern districts".

In its Order today, the Chief Justice-led Bench directed that there was to be an increase in supply in Oxygen supplied to Tamil Nadu and Union Territory of Puducherry, and voiced a hope that the Centre has augmented supplies of oxygen so as to ensure equitable and enhanced supply to all states and Union Territories including the two (Tamil Nadu and Puducherry).

The silver lining in this regard is submission by BHEL that it is going to open Oxygen plant", the Chief Justice remarks in the order, again expressing a hope that the process was expedited.

Counsel for the Sterlite Plant had also informed the Court that Sterlite has opened its plant in Thoothukudi, to supply Oxygen to Thoothukudi Medical College, which teh Court recorded in its order.

Interestingly, after the Order was dictated, BHEL's counsel attempted to clarify that the plant had not started producing oxygen yet, but was in the process of floating tenders for the same. However, the Court had logged out of the hearing by this time.

On Vaccines 

The Court pointed out that the report filed by the state government indicated the commencement of vaccination drive for 18+ age group.

"There may not be adequate supplies of vaccine...," the Court said.

Court also directed the State to get instructions on procurement of doses of Sputnik, which has are single doses. 

To concerns raised about whether booster doses would be required once persons received two doses of the vaccine, the Court directed the Central Government to respond. During the hearing today, Counsel had submitted that protection given by 2 doses of vaccine were believed to not last for even a year.

"There needs to be some clarity in this regard from the Centre", the Court ordered.

On Testing 

Court referred to complaints that some of the Covid test results were being announced a day after or several days after the test results and that a person who tested positive many days before this would have been a superspreader during the time.

Citing this, the Court instructed testing centers to declare results as soon as possible so that persons testing positive could isolate themselves immediately.

On Crematoria Charges

Chief Justice Banerjee, when dictating the order for the day directed the State to instruct local bodies to ensure there is an element of dignity when the last rites of any persons are performed.

The Court said, "there are several reports of unlawful demands…local administration should come down heavily and ensure there are checks in place"

On Sanitization

In this respect, the Court referred to an affidavit submitted by the Greater Chennai Municipal Corporation on ill-effects of 'wanton' use of disinfectants and sanitizers.

However, a drive ensuring cleanliness should be taken across the state…so far as use of sprays, disinfectants are concerned where garbage is dumped, and among those handling waste, the Court stipulated.

With these directions, Chief Justice Banerjee declared that the matters would be taken up again on Monday.

CASE: SUO MOTU V. UNION GOVT. OF INDIA

Click here to download the Order