The Delhi High Court will today conduct hearing into a slew of petitions, demanding inclusion of Oxygen Concentrator in the list of Essential Commodities, so that the same can come under the ambit of the Essential Commodities Act.

The bench of Justice Vipin Sanghi and Justice Jasmeet Singh will hear the petitions, which urge the Court to declare medical equipment such as Oxygen Concentrator as an essential commodity under the Essential Commodities Act.

The pleas further stated that there are numerous instances of patients, who have recovered from Covid-19, but are succumbing to post-Covid complications. Earlier in 2020, this Court had directed the group of experts of both the Governments, namely the GNCTD and the Central Government, to evolve a protocol/ SOP to deal with post-Covid complications.

Read Also: Delhi HC to hear plea urging for decongestion of prisons in view of Covid-19 today

“Since we are now witnessing a more contagious and lethal variant- the Double Mutant Variant, it is essential that fresh protocols and SOP’s be evolved to deal with post-Covid complications,” it added.

The Supreme Court today issued notice on a batch of petitions challenging the constitutional validity of the three farmer’s notified by the Indian Parliament on September 24.

The bench comprising Chief Justice SA Bobde, Justice AS Bopanna and Justice V Ramasubramanian at first refused to issue notice on the batch of petitions on the premise that para 19 of the judgement in Kusum’s case clearly says that “nearly passing a legislation does not create a cause of action”. 

The CJI asked one of the petitioners ML Sharma to withdraw his petition and to approach the Court when the cause of action arises.

However after hearing the other parties, the bench issued notice seeking response from the respondents within a period of 6 weeks.

Read Also: TRP rigging case: Mumbai Police crime branch grills Republic TV CEO for 9 hours

The petitioners have  challenged  the constitutional validity of the notifications pertaining the three Framers Act namely, The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020, “The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020 and the Essential Commodities (Amendment) Act, 2020 being contrary to Art 246 of the Indian Constitution on the premise that the subject of agriculture belongs to the state list, and violative of the fundamental right of the citizen of India in the interest of justice.

-India Legal Bureau

The petition filed by Advocate G. Rajesh also seeks as an alternative, a mechanism to be put in place to maintain social distancing while distribution of essential commodities at shops in the State of Tamil Nadu.

The petitioner also showed concern for the people stating that the Government of Tamil Nadu has not clarified how it would be made sure that there is no overcrowding in shops when people come out to buy essential commodities. The Government had notified that there will be a token system that would be implemented but they had not made the procedure for obtaining the tokens clear.

The petition stated, “the manner in which the distribution to be effected has not been published in widespread in print and visual media. It was merely announced that token will be issued at the doorstep of the ration card holders but no announcement with respect to when to assemble; precautionary measures of social distancing etc”

The petitioner contended that this lack of information could lead the people to rush into the shops which would defeat the purpose of lockdown and further could defeat all the efforts made by the Central and State Governments

-India Legal Bureau