Delhi HC appoints amicus curiae to study COVID-19 situation in city, overrules objections by Solicitor General

The Delhi High Court on Wednesday appointed Senior Advocate Rajshekhar Rao as amicus curiae in the case concerning the COVID-19 situation in the national capital.

The High Court has been monitoring the situation through a series of petitions relating to shortage of oxygen and other issues. The hearing is proceeding before Justices Vipin Sanghi and Rekha Palli.

Observing that Delhi was yet to receive the complete quantity of oxygen allotted to it by the Central government, primarily of account of some part of the same coming from eastern India, the court today asked Rao to study the national allocation order and make suggestions on optimal allocation.

As per the court's order, Rao may communicate his suggestion to the Solicitor General Tushar Mehta.

The court's suggestion asking Rao to look into the national allocation order was opposed by SG Mehta.

Assuring that the aspect of re-allocation was considered by the Central government officials, SG Mehta said, "I have full faith in Mr Rao but it might be counter productive."

The court, however, responded, "He's a very competent counsel. Let him come with suggestions. We'll put it to you. We're not passing orders."

As the court observed that reasons should be given by the officials in case they reject the suggestions put forth by Rao, SG Mehta stated that such a direction would not be feasible.

"It is a dynamic exercise. Officers should not be spending time on recording reasons. That may not be necessary," SG Mehta said.

Rao also highlighted the harassment that was being faced by individuals at the hands of police while procuring oxygen as well as the scams that were going on in the name of COVID-19 medicines. The court has now asked the authorities to look into this aspect.

In another case, Delhi High Court on Wednesday said it appeared that the Centre wanted people to die as according to the new protocol on use of Remdesivir for COVID-19 treatment, the drug was to be given only to those on oxygen support. "This is wrong. This is a complete non-application of mind. Now people who do not have oxygen will not get Remdesivir either. It appears you want people to die," Justice Prathiba M Singh said to the Central government. It appears the Centre was changing the protocol to reduce the shortage of the drug, Justice Singh said. "This is complete mismanagement," the court added. It was hearing a plea by a lawyer who is suffering from COVID-19 and was able to get only three out of the six doses of Remdesivir required. Due to court's intervention, the lawyer got the remaining vials on Tuesday (April 27) night.