New Delhi: Observing that the existing medical infrastructure in the Capital "is being completely exposed", the Delhi High Court on Thursday ruled that it is the obligation of the state to provide beds with a ventilator facility to patients who require the same. The division bench of Justices Vipin Sanghi and Rekha Palli made these observations while hearing a petition moved by a 52-year old patient, one Laxman Singh, whose condition had deteriorated as a result of contracting Covid and his oxygen level too had dipped below 40.
Advocate M K Gehlaut moved the plea seeking a ventilator for the petitioner. He told the court that ICU with a ventilator facility is not available anywhere. "He's on death bed…"
However, the bench while acknowledging the petitioner's request, pointed that it can't make an exception for him. "We will not dismiss your petition...when you say it is your right to life, you are absolutely right. It doesn't mean that we will give you precedence over someone else…," Justice Sanghi remarked.
On this, the counsel said that he should be given the liberty to people to approach the amicus or a government official in the matter. "This will become a channel...it will become impossible," the court said, referring to the several SOS calls raised by hospitals and patients.
The court further said that since the petitioner in the case had access to a lawyer, he can bring the matter before the court and seek the bench's help, but "there would be 50 to 70 percent people who can't afford a lawyer".
In it's order, the bench said, "Article 21 of the constitution guarantees right to life and liberty...the Covid virus has mutated and is proving to be rather lethal...the present wave is leading to inflammation of the lungs…"
The court further noted that, "the obligation of the state to provide sufficient infrastructure to save lives of people can't be understated...even the most economically advanced nations have found their infrastructure to be lacking to deal with the massive surge of cases".
The bench said that the existing medical infrastructure in the state "is being completely exposed when it is put to test". "This court cannot turn away the petitioner by merely telling him that the state doesn't have the infrastructure…"
However, while the bench dictated the order, senior advocate Rahul Mehra, on behalf of Delhi government, asked the court to not state in its order that the medical infrastructure is in shambles. "The issue was of oxygen…," he argued. On this, the court shot back, "Was the issue only of oxygen?..."
"We have 15,000 beds in the pipeline…," Mehra submitted. "But those are in the pipeline right?" Justice Sanghi asked.
"Now you are behaving like that ostrich...today we will have to respond to you...when you defend this position, we are not rising above politics, we always call a spade a spade...when Mr. Sharma's brother-in-law passed away…we all felt the state has failed, what do we tell the family?...They (citizens) elect the government without looking...what is our planned expenditure on health?" the court remarked.
Thereafter senior advocate Mehra chose to withdraw his statement and the court disposed off the petition by stating that the petitioner while entitled to the medical facility shouldn't be provided preferential treatment merely because he has come to court and that all persons should be given the same.
During the hearing on Thursday, the bench also pulled up the Delhi government for not yet starting awareness mechanisms it earlier directed on the Covid-19 virus after it was informed by the government that it will soon set up an online portal for the same.