Delhi HC allows 80% reservation in ICU beds of 33 private hospitals for COVID-19 patients

The Delhi High Court on Thursday vacated the stay on the Delhi Government's order for reserving 80% of the hospital beds in 33 private hospitals for COVID-19 patients. The order was passed after observing the deteriorating situation of COVID-19 as cases continue to surge in the national capital.

"In view of the present situation in Delhi, the spiralling cases and the ground reality which is different from how it was when the stay order was passed, the stay order on the reservation is vacated," the bench said.

A division bench of Justice Hima Kohli and Justice Subramonium Prasad was hearing the petition filed by Delhi Government against a single-judge bench order imposing an interim stay on its decision to reserve 80% ICU beds in 33 private hospitals in the national capital for COVID-19 patients.

The bench, however, clarified that in case of a health emergency no person should be made to run from pillar to post when there are beds available in any hospital. The bench stated that the nodal officers can relax the rule of 80% without strictly adhering to the decision.

As per the order, the reservation of 80% of beds for COVID-19 patients in 33 hospitals shall remain in effect till November 26 which is also the date for the next hearing that will be heard by a single judge bench. The bench also asked the Delhi government to file an additional affidavit on material information before the single-judge.

The single-judge bench had earlier stayed the Delhi Government's decision to reserve 80% ICU beds for COVID-19 patients while hearing a petition moved by the Association of Healthcare Providers India.

While hearing the matter today, the Bench sought to know why the 33 specific hospitals were chosen for the reservation of 80% ICU beds. Additional Solicitor General Sanjay Jain informed the court that 33 hospitals were chosen due to the largest chunk of ICU beds -- 2,217 beds were available with these selected hospitals as the remaining hospitals have lesser number of ICU beds and absence of facility for segregation.

Senior advocate Maninder Singh who represented the Association of Healthcare Providers argued against the Delhi Government's petition and stated that 60-70% beds are anyway being allotted to COVID patients and the private hospitals cannot deny ICU beds to a similarly critical non-COVID patient.

READ | No Chhath Puja At Public Places In Delhi Due To COVID-19: DDMA

COVID-19 situation in Delhi

The national capital on Wednesday recorded its biggest single-day surge of 8,593 COVID-19 cases that took its infection tally to over 4.59 lakh, while 85 new fatalities pushed the national capital's death toll to 7,228, authorities said. Delhi's previous highest single-day spike of 7,830 cases was recorded on Tuesday. The total number of cases in the city stands at 4,59,975, according to the latest health department bulletin. The Delhi government has attributed the rise in cases to the negligence of the people coupled with festive season and the deteriorating air quality levels which leads to the survival of the virus for a longer duration, in turn aggravating the spread.

(With inputs from agencies)

READ | Pollution Levels Dip In Delhi, Air Quality Still 'very Poor'

READ | COVID-19 Patient Jumps To Death From Fifth Floor Of Delhi Hospital