Two-Judge bench of the Supreme Court led by Justice Ashok Bhushan and Justice BR Gavaihas declined to pass stay on the Delhi Government plan to reserve 80% ICU beds in private hospitals for COVID-19 patients.
While hearing, the bench directed the Aam Admi Party Government that the matter shall be listed before the Delhi High Court on Thursday (i.e., 12th November). The counsel for Delhi Government Additional Solicitor General Sanjay Jain urged before the apex court that ‘This is not an adversarial litigation. We want to continue with the 80 percent reservation after reviewing the situation and discontinuation after a few weeks.’
In its appeal, the state government has contended that high court failed to consider that it only directed 33 private nursing homes and hospitals (out of a total of almost 1170 private nursing homes and hospitals across NCT of Delhi) to reserve 80% of their ICU beds for COVID-19 patients. And also remarked that the courts cannot interfere with policy decisions taken in public interest of the state.
Observing the matter, Justice Ashok Bhushan said: “See the LPA order. It was on the request of the appellant that the hearing was adjourned to November 27.”
Further, Justice Gavai questioned the Solicitor General Sanjay Jain that “You have not stated any material on record to show that no beds are available to COVID-19 patients.”Whereupon, Jain said that, “A lot of people come from outside the state and get treated in private hospitals and use ICU beds. The expert committee suggested that Delhi needs 6,000 ICU beds and we have 3,500 beds. If we had the notification going in then we could have had 300 to 500 more beds. And, out of 133 hospitals, only 33 hospitals have been reserved.”
Upon Hearing the bench asked the Sanjay Jain to inform the same before the Delhi High Court. And During the case hearing, Advocate Maninder Singh suggested that “since the matter is on video, instead of asking single bench, ask the division bench to consider on November 18.”
Therefore, the timing of the hearing at High Court was ordered and the bench has considered the matter to be hearing on Thursday.