Delhi Govt has moved the Division Bench of Delhi HC, challenging the Single-Judge Bench order which had stayed its decision relating to instructing private hospitals in Delhi to reserve 80% of ICU beds for COVID-19 patients only.

Delhi Govt's plea challenging the Single-Judge Bench order will be heard on Friday by a Division Bench of Chief Justice DN Patel & Justice Prateek Jalan.

Delhi Govt in a plea filed through Additional Standing Counsel Sanjoy Ghose preferred against the interim order dated Sept 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, & the dynamic efforts being undertaken by the appellant to tackle the ever-changing nature regarding healthcare & medical facilities in the NCT of Delhi, on account of the COVID-19 pandemic.

On Tuesday, a single-Judge bench stayed the recent order passed by the AAP Govt instructing private hospitals in Delhi to reserve 80% of ICU beds for COVID-19 patients, till the next date of hearing while hearing a plea moved by "Association of Healthcare Providers India".

The plea filed through Lawyers Sanyam Khetarpal & Narita Yadav said that the order has been passed in an arbitrary, unfair & illegal manner without even realizing the difficulties that may be faced by the said private nursing homes & hospitals.

The plea said, "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 & due to the non-availability of ICU/HDU beds they may not be able to endure the disease".

Senior Lawyer 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 plea said, "The order directed reservation of 80 per cent of beds in ICU/HDU for COVID patients thereby jeopardizing both the health & life of non-COVID patients on the one hand & the effective functioning of healthcare facilities on the other".

It also said 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 petition also said that the order is exposing non-COVID-19 patients to the risk of COVID-19.

It said that "Ignoring the needs of other sicker patients requiring critical care & 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 & constitutionally guaranteed under Article 21 of the Constitution of India".

It also added that, In the State of Haryana, the District Magistrate of Gurugram has issued a vide order dated Sept 14 directed reservation of only a minimum of 35% of bed capacity in all public & private hospitals for treatment of Coronavirus cases.

It mentioned that the private hospitals routinely get patients involving heart attacks, grievous injuries, acute pulmonary disorders, complex fractures, & even other conditions like cancer, transplant & cardiac patients which require urgent interventions & critical care.

The plea further said that "Reserving 80% beds in the ICU will deny urgent care to seriously ill patients, requiring vital surgical interventions & 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".

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