Plea in Supreme Court Seeks the PM CARES Fund for Boosting Procurement & Import Of COVID-19 Vaccines, Install Oxygen Plants In 738 District Hospitals
(Judicial Quest News Network)
In the backdrop of the second deadliest COVID-19 wave gripping the nation with a health emergency a plea has been moved before Supreme Court seeking directions to utilise PM CARES fund to procure COVID-19 vaccine and install oxygen plant/generators for 738 district hospitals where medical services are available for COVID-19 patients.
The plea filed by Advocate Viplav Sharma also sought the court’s direction to install other essential plants in and around 738 district hospitals across the country.
The petitioner has also challenged the government order which exempts certain medical equipment including oxygen concentrators from customs.
It is also mentioned in the plea that certain notification which have only three months’ time limit must be considered to extend the time for a longer period.
“The three months’ time for exemption period is too short from the standpoint of the logistics involved in importing this highly sophisticated medical equipment in India by over 300 concerned notable hospitals throughout the country it said while urging the top court to increase the life of this notification.
The petitioner has also sought preparation of ‘National Plan’ in consultation with the Chief Secretaries or State Ministries to successfully combating pandemic disease of CORONA VIRUS(COVID-19) and adverse repercussions arising.
Further the petitioner urged that interference by this Hon’ble Court for issuance of appropriate directions to the Union of India and all State Governments to take urgent and effective measures as suggested in the present petition so as to ensure the Central/State/UTs Governments forthwith aptly and successfully combat second wave of pandemic disease of Corona Virus (COVID -19) and also effectively resolve
the serious impact and disastrous repercussions that had instantly emerged countrywide owing to lack of medical oxygen in all the Hospitals throughout the country which led the whole nation struggling to cope with the skyrocketing infections and a daunting shortage of medical oxygen.
The plea further sought the directions to the High Courts “issue appropriate directions, if deemed proper, to the High Courts of all States to issue appropriate administrative instructions to its’ respective subordinate Judicial Officers within all States and Union Territories (Respondents Nos. 5 to 39) to ensure, by feasible mechanized supervision or otherwise, the actual, practical and effective (a) compliances of above referred directions and/or other directions that may be passed by this Hon’ble Court”
The Plea has sought the direction to all the States to ensure to ensure forthwith setting up of electric and all other kinds of crematoriums in all cities within their respective administration and also they also forthwith undertake to maintain/improve the existing electric crematoriums all of which have been used much beyond their respective capacities and may soon get non-functional.
The plea has sought the Court’s interference forthwith aptly and successfully combat ongoing second wave of pandemic disease of Corona Virus (COVID -19) and also effectively resolve the serious impact and disastrous repercussions that had instantly emerged countrywide owing to lack of medical oxygen in all the Hospitals throughout the country which led the whole nation struggling to cope with the skyrocketing infections and a daunting shortage of medical oxygen. It would not be out of place to mention here that as earlier
reported for days, the officials and hospitals have forewarned that oxygen supplies were running dangerously low. Several hospitals announced that they would temporarily stop admitting patients because of the shortage of medical oxygen which has been statutorily stipulated as essential and mandatory support services in all categories/levels of Hospitals in India which are established under the Clinical establishment (Registration and Regulation) Act. In this regard it is further stated, that the above referred NEC order dated 29.3.2020 issued under Clauses (h) and (i) of subsection (2) of Section 10 of the DMA, 2005, constituting, inter alia whereby, the NEC constituted Eleven Empowered Groups which, inter alia, included Group for ensuring
availability of essential medical equipment such as PPE, Masks, Gloves & Ventilators; Production, Procurement, Import & Distribution and the consequent Advisory as contained in letter dated 4.4.2020 issued by the MoHFW did not yield any effective resolution qua adequate and timely
availability of medical oxygen in the Hospitals of all levels established all over the country consequent thereto led the whole nation saw that the second COVID wave placed a major strain on the healthcare system, with reports of oxygen supply shortages at hospitals, and hospitals having to turn away patients.
