Top Story J&K HC asks govt to provide oxygen to COVID-19...

J&K HC asks govt to provide oxygen to COVID-19 patients under treatment at home

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New Delhi, May 7 (ILNS): In the midst of the Novel Coronavirus epidemic, there are many patients, who are undergoing treatment at home and need oxygen. This is not available to them.

The Jammu and Kashmir High Court has directed the government to appoint a sufficient number of nodal officers in each city, to ensure the supply of oxygen, where it is found to be needed, without causing any harassment to anyone.


The High Court had taken suo motu action for initiating this Public Interest Litigation.


Monika Kohli, Amicus Curiae in the matter, expressed anxiety that as lawyers – both in the Jammu and Srinagar wings of the High Court – are getting infected by COVID-19 every day, and they have not been vaccinated, there is a threat to their lives.

This needs to be addressed immediately by getting them vaccinated. She has further submitted that the families of the lawyers, who have died recently due to Novel Coronavirus, may be provided some financial assistance.


Pranav Kohli, Senior Counsel, assisted by Arun Dev Singh, submitted that some mechanism should be developed, so that supply of oxygen to the persons, who are getting treatment at home for their serious ailments or those who have been home quarantined due to non-availability of beds in hospitals, may continue uninterrupted.


Sunil Sethi, Senior Counsel, asked for improving the supply of Remdesivir and deficiency of doctors and nursing staff as well as the oxygen, to treat COVID-19 patients. The issue of shortage of ventilators was also explained during the hearing.


The Advocate General, in response to all the above problems raised by various lawyers, filed affidavit signed by Atal Dulloo, Financial Commissioner, Health and Medical Education Department dated May 4, 2021.


According to the affidavit, there is no shortage of supply of oxygen in the Union Territory, rather the supply is adequate and that drugs are also available in adequate amounts to tackle the COVID-19 patients.

Three oxygen generation plants of 3166 LMP and six oxygen plants of 6590 LMP are functional in the provinces of Jammu and Kashmir. Further, four plants of 4000 LMP and 17 plants of 30000 LMP would be made functional within 15 days in the provinces of Jammu and Kashmir, said the affidavit.


The affidavit further stated that there is no shortage of beds in hospitals. There are total 3062 (1354 and 1708) COVID-dedicated beds in the province of Jammu and Kashmir, respectively. The beds with oxygen are 1127 and 1597 total 2724 in Jammu and Kashmir, respectively. The number of ICU beds with ventilators are 227 and 111 total 338 in Jammu and Kashmir respectively. In addition to this tele-consultation is also available for all Covid patients in the Union Territory. In addition to this government has issued the directions that all oxygen plants shall run on full capacity and there shall be no diversion of oxygen to non medical purpose.

The Advocate General said that the government of Union Territory is taking every conscious step to protect the citizens from the deadly disease and that there is no need of panic.


The Division Bench of Chief Justice Pankaj Mithal and Justice Sanjay Dhar said, “The Court is conscious of the fact that government is taking due steps for controlling the pandemic and to provide full medical support.

“The newspaper reports, specially one appearing in State Times dated May 4, 2021, revealed that the government, in addition to what has been stated above, has constituted Covid management teams at all levels, including at District, Tehsil, Block and Panchayat levels, consisting of DC, SP and CMO or other Senior Officers, including the Principal of the concerned medical colleges at district levels. The government has also announced special financial incentives for COVID Warriors.”


For the registration and vaccination of lawyers above the age of 45, the Bench directed the Registry of the Court to discuss the issue with the Finance Commissioner, Health and Medical Education department, with the help of Advocate General, to get some date fixed for the registration of such advocates and thereafter some dates for their vaccination, which may be notified to carry out vaccination in groups, either at some suitable place in the High Court Campus or Medical College or Hospital, as may be agreed upon.

The same exercise be completed within a week, beginning from May 6, 2021, ordered the Court.
In regard to vaccination of lawyers between the age group of 18 to 45, the Court advised to get themselves registered for vaccination online, as per the prescribed procedure and once they are registered, they will be provided facility of vaccination in group again on appropriate dates and a suitable place or otherwise they will be given a slot for vaccination on priority at the earliest, if possible within a period of two weeks from the date of registration. ILNS\SS\SJ\RJ

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