The Delhi High Court on September 28 issued a notice over the petition moved by the Delhi government challenging the order passed by a single judge bench, which had stayed its order directing private hospitals in the national capital to reserve 80 percent of the ICU beds for COVID-19 patients.

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A division bench of the high court presided by the Chief Justice and the Justice while issuing notice over the petition moved by the Delhi government refused to vacate the stay order imposed by the single judge. While the hearing in the matter was underway before the division bench, the Additional Solicitor General (ASG) submitted that the government has directed only two per cent of the private hospitals to reserve the ICU beds. "We are in the mid of one of the worst pandemic," the Additional Solicitor General said.

"COVID-19 is a clever virus, with this virus everyday is like a game of Chess, the game is on and we have to take dynamic decisions," the Additional Solicitor General submitted before the court while adding that currently, the upsurge of the cases is extraordinary. "There are three types of COVID patients -- mild, moderate and serious. It takes little time for a moderate patient to become serious and for the same reason we need more ICU. When we say ICU beds are needed for COVID patients, this means that this patient may need heart care or lung care and hence, the need to increase the number of beds," the Additional Solicitor General said.

Hearing the submissions made by the Additional Solicitor General, who was appearing for the Delhi government, the Justice questioned, "But as per your health bulletin ICU beds are already empty and the single bench too noted the same." The Additional Solicitor General also submitted that the main petition on which the said order was passed was filed only on the base of apprehension. "They didn't file a PIL because then they would have to go on the test of facts and research," he said.

The court has posted the matter for further hearing on October 9. On September 22, a single judge bench of the high court stayed the Delhi government's order directing private hospitals in the national capital to reserve 80 percent of ICU beds for COVID-19 patients only. The order was passed on the petition filed by the Association of Healthcare Providers (India) through two advocates and was argued by the senior Advocate.

The plea had 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 said 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 they may not be able to endure the disease.