Rakesh Malhotra vs. Government Of National Capital Territory Of INDIA And Ors

Facts

This judgment concerns multiple writ petitions filed before the Delhi High Court, primarily dealing with issues arising from the COVID-19 pandemic. The petitioners include various hospitals and individuals. The matters brought before the court relate to the allocation of COVID-19 beds in Central Government hospitals, the transparency and coordination in the supply of Liquid Medical Oxygen (LMO) to the NCT of Delhi, the updating of bed availability data by hospitals, the mental health needs of individuals affected by the pandemic, and the policy for receiving foreign aid and donations for COVID relief. The court has been actively monitoring the situation and issuing directions to the Central Government and the Government of NCT of Delhi.

Held

The Court directed the Central Government to examine and disclose the number of beds in its hospitals and facilities, category-wise, as of May 13, 2021, and the steps taken to augment bed facilities for COVID patients. The GNCTD was directed to report by May 12, 2021, on the steps taken to implement the Performa for LMO supply chain transparency and coordination, and if not already implemented, to implement it. The Court reiterated its direction for all hospitals and nursing homes to update bed availability data every two hours, stating that non-compliance would be viewed strictly. Regarding mental health, the Court noted the offer of services from IBHAS and the DSLSA counselors, directing Mr. Satyakam to take instructions regarding IBHAS and publicize the DSLSA counselors' details on the GNCTD website. The Central Government was directed to take instructions regarding the existing policy for receiving foreign aid and donations for COVID relief and place it before the Court. The matters were listed for further hearing.

Key Issues

1. Whether the Central Government has adequately allocated sufficient COVID-19 beds in its hospitals and facilities to meet the prevailing demand, and if not, what steps should be taken to augment this capacity? (Question of fact and law) 2. Whether the proposed Performa for supply chain players for LMO is being implemented effectively by the GNCTD to ensure transparency and coordination? (Question of fact and law) 3. Whether hospitals and nursing homes are complying with the court's direction to update bed availability data every two hours, and what are the consequences of non-compliance? (Question of fact and law) 4. What measures should be taken to address the mental health needs of patients, their attendants, medical staff, and the general public affected by the pandemic? (Question of policy and law) 5. What is the current policy of the Government of India for receiving foreign aid and donations for COVID relief, particularly concerning individual donations of smaller equipment quantities? (Question of policy and law) Petitioner's Contentions: The petitioners, primarily hospitals, are concerned with the availability of resources like beds and oxygen. They have highlighted issues with data updating and the need for clear policies on foreign aid. The court is also considering submissions from the Amicus Curiae regarding the implementation of the LMO Performa and the mental health support services. Revenue/State Contentions: The Central Government and GNCTD are responding to the court's directions regarding bed allocation, LMO supply, and data updates. They are expected to provide compliance reports and disclose steps taken to augment facilities and implement policies.