In a huge embarrassment to the Centre, the Supreme Court on Wednesday said Shiv Sena-led Brihanmumbai Municipal Corporation (BMC) is skillfully handling the pandemic situation and oxygen supply in Mumbai and the officials from the Centre and Delhi Government should hold a meeting with BMC Commissioner Iqbal Singh Chahal to adopt similar measures in Delhi.
Insisting that the Central Government must supply prescribed 700 MT oxygen to Delhi, the Supreme Court stayed the Contempt of Court proceedings of Delhi High Court against Centre for not supplying enough oxygen. The Bench comprising Justices DY Chandrachud and MR Shah said there is no point of hauling officers now and asked the Centre to come with a tabulated plan to supply 700 MT per day and also plan for buffer stocks of oxygen in Delhi.
The Centre faced an embarrassing situation by challenging the Contempt of Court order and summoning of two senior officers by Delhi High Court. Insisting that the Centre must supply 700 MT, Justice Chandrachud said the BMC which is more congested than Delhi is managing the pandemic situation and oxygen supply very well and the Centre and Delhi officials must meet the BMC Commissioner to find a way out in settling people’s problems.
“If the Health Secretary of Delhi Govt and Centre have a meeting with Iqbal Singh Chahal of Mumbai Municipal Corporation and draw from experience, (they can) tell us how you plan to create storage tanks and install it for Delhi. This exercise can be done from today and Monday. Then the modality can be based on Bombay model which has been successful in a large metropolis,” said Justice Chandrachud asking the Centre to come with new tabulated formula and buffer stock plans of oxygen supply to Delhi by the next hearing on May 10. The apex court ordered that the tabulated supply plan must be submitted by Thursday morning.
“We stay the operation of the contempt notice issued by Delhi HC. This stay will not be a restraint on Delhi HC to monitor the ground situation on other heads. Ultimately putting officers in jail or hauling officers for contempt will not bring oxygen. Please tell us steps to solve this,” Justice Chandrachud remarked.
“At the outset, it needs to be clarified that why this court is hearing this plea is because exercising powers under contempt jurisdiction will not solve the problem faced by Delhi. When country is facing a humanitarian crisis court must aim at problem solving,” the order said. “As of now we see no reason to use contempt jurisdiction against officers but we also think an opportunity be given to the centre to showcase the plan to achieve the 700 MT target for Delhi,” the court said.
“Citizens running from pillar to post can know what is the status. Supply of tankers needs to be rationalised today. Please tell us from today and Monday what modalities will be put in place to secure 700 MT oxygen for Delhi. Rest we can re-look at on 10th May,” said Justice Chandrachud.