First satisfy us that there are enough ICU beds for non-COVID-19 patients: HC

New Delhi: As the Delhi High Court on Monday commenced the hearing in the Delhi government's petition challenging a single-judge bench order staying its directions reserving 80 per cent of ICU beds in private hospitals for COVID-19 patients and asked the government here to first satisfy the court that there were enough ICU beds available for non-COVID-19 patients and how it will compensate private hospitals that have been asked to implement this directive.

The queries were posed by a bench of Chief Justice D N Patel and Justice Prateek Jalan while issuing notices to the Centre and the Association of Healthcare Providers seeking their stand on the Delhi government's plea. The single judge's September 22 order had come on the plea moved by the association.

The court, during the hearing, asked the Delhi government to give details of the ICU beds earmarked for COVID and non-COVID patients and how many in each of the two categories are lying vacant.

"First satisfy us that sufficient numbers of ICU beds are available for non-COVID patients. Also, show us how you are compensating the private hospitals for keeping their ICU beds vacant for COVID patients," the bench sought to know from the Delhi government.

During the hearing, the Delhi government, represented by Additional Solicitor General Sanjay Jain, additional standing counsel Sanjoy Ghose and advocate Urvi Mohan, told the bench that there are 1,170 private hospitals and 3,222 ICU beds in Delhi. Of the 1,170, only 33 private hospitals were asked on September 12 to reserve 80 per cent of their ICU beds for COVID patients, the Delhi government argued.

It said the idea was to increase ICU beds for COVID-19 patients to 1,521 from the present 881.

The bench, however, did not accept the contention, saying that on a bare reading of the September 12 notification, it "does not contemplate adding of 700 extra beds" to the existing 881 for COVID patients. "Your officers don't appear to have understood the notification," the court remarked.

It asked the Delhi government to come with clear figures/data on the next date of hearing.

ASG Jain urged the court to clarify in its order that the September 22 order of the single judge would not come in the way of any hospital which wants to comply with the September 12 notification.

The bench declined to make any such clarification and said if any private hospital wants to "voluntarily" comply with the September 12 notification it can do so by reserving even 100 per cent of its ICU beds for COVID-19 patients.

Seeking setting aside of the single judge order, the Delhi government has alleged that the association's petition was "masked" as a plea to secure interests of non-COVID patients, "whereas in reality, the same has been preferred on behalf of private nursing homes and hospitals solely to look out for and secure their own financial interests".