HC stays order reserving 80% ICU beds; Delhi govt to challenge stay

New Delhi: The Delhi High Court on Tuesday came down heavily on the Delhi government for its order directing 33 private hospitals in the city to reserve 80 per cent of their ICU-bed strength for COVID-19 patients, thereby staying the directive and seeking to know if other patients had a right to life.

"Prima facie Delhi government's order appears to be arbitrary, unreasonable and violative of fundamental rights of citizens guaranteed under the Constitution," Justice Navin Chawla said and issued notices to both the Delhi government and Centre in the petition filed by the Association of Healthcare Providers.

However, the Delhi government was quick to respond to the development in the high court, saying that it will challenge the stay order on Wednesday and that "it is extremely important to reserve ICU beds in private hospitals to deal with the rising coronavirus cases", according to a statement released by the government here.

Annoyed, the judge said: "Do other patients have a right to life or not or is it now that the state says only COVID-19 patients have a right to life? This is making my blood boil. The patient is not going there for a holiday, he is going there in an emergency.

Why do you (Delhi government) discriminate between the two (COVID-19 and non-COVID-19 patients)? Why do you have to keep an ICU bed vacant for COVID-19 patient and the other one in need can die? A person has got a heart attack and you are saying he should die on the road."

"The operation of the order (Delhi government's order) shall remain stayed till the next date of the hearing," the court said and listed the matter for further hearing on October 16.

Senior advocate Maninder Singh, representing the association, said the 33 private hospitals are its members and the Delhi government's order shall be quashed as it was passed in an irrational manner and is ex-facie perverse.

He said the order had to be stayed immediately as it puts someone's life in danger and it will be criminal on the part of the hospital to keep an ICU bed vacant and not admit non-COVID-19 serious patients who are in the queue.

Additional Solicitor General Sanjay Jain and advocate Sanjoy Ghose, however, defended the Delhi government, saying the order is for only 33 hospitals and 20 per cent ICU beds remain for serious non-COVID-19 patients. They added that the decision had been taken in view of the sudden surge in COVID-19 cases.

The Delhi government said there is no allegation that its decision suffers from mala fide intentions or discrimination and added that this court should not interfere with the September 13 order. They also said though they do not have an instruction from the government on this but they were making a statement that the situation will be reviewed within one week.

The high court also asked the Delhi government to file an affidavit giving the data of ICU beds and other material which was taken into consideration at the time of taking the decision.

"It is my fundamental right and I should not die because an ICU bed was kept vacant for a COVID-19 patient... I will not let a single patient die because of this. Has the government thought about it? We are here talking about ICU beds. This is just not done," the judge said.