Blow to Delhi govt: HC stays order to private hospitals to reserve 80% of ICU beds for Covid-19 patients

New Delhi: In a major setback to Arvind Kejirwal government, the Delhi High Court on Tuesday stayed its order directing 33 private hospitals to reserve 80% of ICU beds for Covid-19 patients.

The High Court termed the order ‘arbitrary, unreasonable and violation of fundamental rights of an individual. The order was passed by single-judge bench of Justice Navin Chawla.

“At the time of the emergency, a patient cannot be told to run around from one hospital to another. Disease itself cannot be a ground for reservation.. Prima facie, the order is arbitrary, unreasonable and violative of Article 21 of the Constitution of India,” the court said.

The petition against Delhi government order was filed by the Association of Healthcare Providers India through advocates Sanyam Khetarpal and Narita Yadav.

The petition claimed that such reserving of beds is also exposing non-COVID-19 patients to the risk of COVID-19 and that the order has been issued without any prior discussion with private hospitals and without understanding the current demand-supply situation of critical care beds.

Senior advocate Maninder Singh, appearing for the petitioner, submitted that the order was issued without any prior discussions with private hospitals to understand the current demand-supply situation of critical care beds.

“You go to ICU not looking at the hospital to which you are going to.. When I go to ICU, I am on death bed..I will not let one patient die because of this,” Justice Navin Chawla said.

The petitioners had also sought quashing or setting aside of the order of Delhi government.

However, Additional Solicitor General (ASG) Sanjay Jain, appearing for Delhi govt, told that the order was issued keeping in view the sudden surge of patients requiring intensive care. He said the situation is dynamic and requires urgent decisions. He said the 33 hospitals have not challenged the order and hence the plea should be dismissed.

Stating that Delhi govt’s order was against Article 21 of the Constitution of India, the Court said, “State cannot discriminate between patients suffering from COVID-19 and those who are not suffering COVID-19, both requiring emergent treatment.”

The matter would be heard next on October 16.