High Court stays Delhi government order reserving 80% ICU beds in private facilities

New Delhi: The Delhi High Court on Tuesday stayed the Delhi government's order directing private hospitals in the national capital to reserve 80 per cent of ICU beds for Covid-19 patients.

A single judge bench of the High Court presided by Justice Navin Chawla passed the order while issuing notice on a petition by the 'Association Of Healthcare Providers'. The bench sought a response from the Delhi government, Director General Health Services (DGHS) and the central government and posted the matter for further hearing on October 16.

The petition filed through advocates Sanyam Khetarpal and Narita Yadav was argued by senior Advocate Maninder Singh. The plea stated that the order has been passed in an arbitrary, unfair and illegal manner without even realizing the difficulties that may be faced by the private nursing homes and hospitals. Moreover, no consideration has been given to the fact that the non-Covid patients may suffer fatal consequences owing to their prolonged or sudden illness and due to the non-availability of ICU/HDU beds.

Senior Advocate Maninder Singh, appearing for Petitioner Association submitted that the order has been passed without application of mind as despite noting the fact that the majority of the ICU/HDU beds in the private hospitals are fully occupied...order directed reservation of 80 per cent of beds in ICU/HDU for Covid patients thereby jeopardizing both the health and life of non-Covid patients on the one hand and the effective functioning of healthcare facilities on the other.

The petition also stated that the order has been issued without any prior discussions with private hospitals to understand the current demand-supply situation of critical care beds. It stated that the order is exposing non-Covid 19 patients to the risk of the deadly coronavirus.

Ignoring the needs of other sicker patients requiring critical care and ICU management at these tertiary care facilities is gross injustice. Critically ill patients in Delhi are denied access to the requisite level of intensive medical treatment in ICUs/HDUs as required and constitutionally guaranteed under Article 21 of the Constitution of India, the plea said.

It stated that in the State of Haryana, the District Magistrate of Gurugram has directed reservation of only 35 per cent of bed capacity in all public and private hospitals for treatment of Covid cases.