HC defers Delhi govt's plea against interim stay on reservation of ICU beds in private hospitals

New Delhi, IndiaUpdated: Sep 25, 2020, 03:24 PM IST


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The division bench of Chief Justice DN Patel and Justice Prateek Jalan listed the matter for further hearing on September 28

A division bench of the Delhi High Court on Friday deferred to September 28 hearing on a petition filed by the Delhi government challenging a single-judge bench order imposing an interim stay on the reservation of 80 per cent ICU beds in a group of top private hospitals in the national capital exclusively for COVID-19 patients.

The division bench of Chief Justice DN Patel and Justice Prateek Jalan listed the matter for further hearing on September 28.

The Delhi government, in a petition filed through additional standing counsel Sanjoy Ghose against the interim order dated September 22 passed by a single-judge bench, said that the 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 situation regarding healthcare and medical facilities in the NCT of Delhi, on account of the COVID-19 pandemic.

A single-judge bench had on Tuesday this week stayed the recent order passed by Chief Minister Arvind Kejriwal-led government instructing private hospitals in Delhi to reserve 80 per cent of ICU beds for COVID-19 patients, till the next date of hearing on a petition moved by the "Association of Healthcare Providers India".

The petition filed before the single-judge through advocate Sanyam Khetarpal and Narita Yadav said 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 filed by Association of Healthcare Providers India.

The plea had said that private hospitals routinely get patients with 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 15 per 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," it had added.