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Delhi govt moves HC to challenge stay on reservation of 80% private hospital ICU beds for COVID-19 patients

ANI | Updated: Sep 24, 2020 23:55 IST

New Delhi [India], September 24 (ANI): Chief Minister Arvind Kerival's government has moved the Division Bench of Delhi High Court, challenging the Single-Judge Bench order which had stayed its decision relating to instructing private hospitals in the national capital to reserve 80 per cent of ICU beds for COVID-19 patients only.
Delhi Government's plea challenging the Single-Judge Bench order will be heard on Friday by a Division Bench of Chief Justice DN Patel and Justice Prateek Jalan.
Delhi Government in a petition filed through Additional Standing Counsel Sanjoy Ghose preferred against the interim order dated September 22 passed by the Single Judge, said that the Single Judge bench has not appreciated the categoric submissions made on behalf of the appellant regarding the surge in the number of COVID-19 patients, and the dynamic efforts being undertaken by the appellant to tackle the ever-changing nature regarding healthcare and medical facilities in the NCT of Delhi, on account of the COVID-19 pandemic.
A single-judge bench on Tuesday stayed the recent order passed by the Kejriwal Government instructing private hospitals in Delhi to reserve 80 per cent of ICU beds for COVID-19 patients, till the next date of hearing while hearing a petition moved by "Association of Healthcare Providers India".
The petition filed through Adv Sanyam Khetarpal and Narita Yadav stated that the order has been passed in an arbitrary, unfair and illegal manner without even realizing the difficulties that may be faced by the said private nursing homes and hospitals.
"Moreover, no consideration has been given to the fact that the non-COVID-19 patients may suffer fatal consequences owing to their prolonged or sudden illness and due to the non-availability of ICU/HDU beds they may not be able to endure the disease," said the petition.

Senior Advocate Maninder Singh, appearing for petitioner association submitted that the order has been passed without application of mind, as despite noting the fact that majority of the ICU/HDU beds in the said private hospitals are fully occupied.
"The order directed reservation of 80 per cent of beds in ICU/HDU for COVID patients thereby jeopardizing both the health and life of non-COVID patients on the one hand and the effective functioning of healthcare facilities on the other," the petition said.
It also stated that the order has been issued without any prior discussions with private hospitals to understand the current demand-supply situation of critical care beds. The plea also stated that the order is exposing non-COVID-19 patients to the risk of COVID-19.
"Ignoring the needs of other sicker patients requiring critical care and ICU management at these tertiary care facilities is a gross injustice. Critically ill patients in Delhi are denied access to the requisite level of intensive medical treatment in ICUS/HDUS as required and constitutionally guaranteed under Article 21 of the Constitution of India," it said
It also added that, In the State of Haryana, the District Magistrate of Gurugram has issued a vide order dated September 14 directed reservation of only a minimum of 35 per cent of bed capacity in all public and private hospitals for treatment of COVID-19 cases.
It mentioned that the private hospitals routinely get patients involving heart attacks, grievous injuries, acute pulmonary disorders, complex fractures, and even other conditions like cancer, transplant and cardiac patients which require urgent interventions and critical care.
"Reserving 80% beds in the ICU will deny urgent care to seriously ill patients, requiring vital surgical interventions and critical care. These beds, which may constitute 15per cent to 20per cent of overall ICU bed capacity in some of the hospitals, are not usable for COVID-19 patients since very rarely does a COVID-19 patient of that age requires critical care." The petition said further. (ANI)