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The matter would now be heard by a single-judge bench on 26 November. (Mint)
The matter would now be heard by a single-judge bench on 26 November. (Mint)

Delhi HC vacates stay order on reservation of 80% ICU beds for covid-19 patients

  • The court has, however, said that this order is not constant and can be changed depending on the ground situation.

New Delhi: The Delhi high court on Thursday vacated the stay imposed by a single-judge bench on the reservation of 80% intensive care unit (ICU) beds in 33 private hospitals 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 reservation is vacated." The court said.

The court has, however, said that this order is not constant and can be changed depending on the ground situation. The matter would now be heard by a single-judge bench on 26 November.

The Supreme Court on 10 November had refused to vacate the stay granted by Delhi high court against the decision of the Aam Aadmi Party-led Delhi government to reserve 80% ICU beds in private hospitals for covid-19 patients and asked the state government to approach high court's division bench.

On 22 September, a single-judge bench of the Delhi high court had stayed the decision of the state government directing 33 private hospitals to reserve 80% of their ICU beds for covid-19 patients. The bench had held that such a direction was in violation of the fundamental rights of those patients who had other serious health conditions.

The Delhi government had challenged the 22 September order before a two-judge bench in the high court and also approached Supreme court with a special leave petition on 5 November. The government’s plea stated that the courts cannot interfere with policy decisions of the state, especially when the policy decision is taken in public interest.

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