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SC directs Delhi HC to hear plea on reserving ICU beds for COVID-19 patients

Earlier in September, the Delhi government had ordered the 33 hospitals to reserve 80% of their ICU beds for treating COVID-19 patients due to increasing numbers. This was challenged in the Delhi HC by Association of Healthcare Providers in response to which the decision was stayed by HC. It was thereafter challenged by the Delhi government.

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Published : Nov 10, 2020, 11:53 AM IST

Updated : Nov 10, 2020, 12:43 PM IST

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New Delhi: The Supreme Court on Tuesday directed the Delhi High Court to hear Delhi government's order plea against staying of its decision to reserve 80 per cent ICU beds in 33 private hospitals for COVID-19 patients on Thursday.

A special bench of Justice Ashok Bhushan and Justice BR Gavai during the hearing today disposed of the state's plea. The apex court which is on Diwali break this week.

Justice BR Gavai observed that the Delhi government has not stated any material on record to show that no beds are available to COVID-19 patients and asked it to inform the Delhi High Court about these details.

Delhi government's advocate Sanjay Jain, challenging the Delhi HC's order had told the bench today that the state is witnessing the worst spike in COVID-19 cases that are crossing 7000 per day.

Also read: Delhi sees record single-day spike of 7,745 coronavirus cases

Delhi government plans to keep beds reserved for 2 more weeks and then after reviewing the situation they will withdraw the order. Arguing further he said that the expert committee has recommended 6000 beds and presently there are only 3500. Had the had Delhi HC not stayed the government's September 12 decision asking 33 big private hospitals to reserve 80 per cent of ICU beds for COVID-19 patients, 300 to 500 more beds could have been secured, added the advocate.

A single-judge bench of the high court on September 22 had said that the state's decision of reservation of beds violates the fundamental rights of those having other health conditions.

The government has already challenged the single judge's order before a division bench of the high court which had listed it for hearing on November 27.

The apex court was hearing an appeal filed by the Delhi government against the high court's September 22 order.

(With inputs from PTI)

New Delhi: The Supreme Court on Tuesday directed the Delhi High Court to hear Delhi government's order plea against staying of its decision to reserve 80 per cent ICU beds in 33 private hospitals for COVID-19 patients on Thursday.

A special bench of Justice Ashok Bhushan and Justice BR Gavai during the hearing today disposed of the state's plea. The apex court which is on Diwali break this week.

Justice BR Gavai observed that the Delhi government has not stated any material on record to show that no beds are available to COVID-19 patients and asked it to inform the Delhi High Court about these details.

Delhi government's advocate Sanjay Jain, challenging the Delhi HC's order had told the bench today that the state is witnessing the worst spike in COVID-19 cases that are crossing 7000 per day.

Also read: Delhi sees record single-day spike of 7,745 coronavirus cases

Delhi government plans to keep beds reserved for 2 more weeks and then after reviewing the situation they will withdraw the order. Arguing further he said that the expert committee has recommended 6000 beds and presently there are only 3500. Had the had Delhi HC not stayed the government's September 12 decision asking 33 big private hospitals to reserve 80 per cent of ICU beds for COVID-19 patients, 300 to 500 more beds could have been secured, added the advocate.

A single-judge bench of the high court on September 22 had said that the state's decision of reservation of beds violates the fundamental rights of those having other health conditions.

The government has already challenged the single judge's order before a division bench of the high court which had listed it for hearing on November 27.

The apex court was hearing an appeal filed by the Delhi government against the high court's September 22 order.

(With inputs from PTI)

Last Updated : Nov 10, 2020, 12:43 PM IST
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