SC rejects AAP’s plea to reserve 80% ICU beds for Covid patients

• The SC has refused to lift the Delhi HC’s stay on the AAP government’s direction to 33 private hospitals.
• The Delhi government had ordered the said hospitals to reserve 33% of the ICU beds for Covid patients.
• SC has held that this decision violates the Fundamental Rights of non-Covid patients.

THD NewsDesk, New Delhi: On November 11, the Supreme Court refused to lift the Delhi High Court’s stay on the AAP government’s decision to reserve 80% of the ICU beds in private hospitals for Covid patients. Last week, the Delhi government had appealed to the Supreme Court to vacate the stay imposed by Delhi HC. Further, the SC asked the state government to file an appeal at the High Court’s division bench. 

The Supreme Court ordered, “Looking to the facts of the case and the request made by learned counsel for the parties, we request the concerned Bench (of the Delhi high court) for taking up the letters patent appeal (LPA) on November 12.”

Moreover, the special judge vacation bench comprising Justices Ashok Bhushan and BR Gavai objected to the Delhi government moving the Supreme court while the case was still pending in the High Court.

Representing the Delhi government, Additional solicitor general Sajay Jain appealed, “We are willing to go back to the Delhi high court, but we request if the HC judgment could stay for a week as this week is crucial. Due to Diwali, people are intermingling, and cases will go beyond control… If our order (of September 12) would not have been to stay, we could have got 500 more beds to admit Covid-19 patients. The current requirement is for more than 6000 beds, and Delhi government hospitals, put together, can provide only up to 4,000 beds.”

Earlier in September, a single-judge bench of Delhi High Court had stayed the AAP government’s decision to reserve 80% of ICU beds in 33 private hospitals for Covid-19 patients. The bench held that the decision impinged on the fundamental rights of non-Covidvpatients who might be suffering from other severe health conditions. In response, the Delhi government challenged the Delhi HC’s order before a two-judge bench in the high court. Simultaneously on November 5, the state government also appealed before the Supreme court with a special leave petition regarding the same issue. The Delhi government’s standing counsel also argued that the courts could not interfere with the State’s policy decisions. The government reiterated the decision is in the public interest. 

Source: Live Mint