The Delhi High Court on Saturday came down heavily on the Centre and ordered that forthwith the Delhi Government must be given promised quota of 490 MT oxygen per day failing which the Centre would face contempt of court.
Fuming with rage, the judges said “enough is enough” and observed that for the past 10 days, the State was getting only around 300 MT.
Minutes after the slap from High Court, the Centre increased Delhi’s quota to 590MT per day. The order was passed by a Division Bench of Justices Vipin Sanghi and Rekha Palli in a batch of petitions raising issues relating to Covid-19 management.
“We direct Centre to ensure that Delhi receives its 490 MT oxygen supply today by whatever means,” the court said, adding that the Centre must arrange tankers for the State. The court also noted that Delhi is not an industrial State and has no cryogenic tankers that could enable acquisition to facilitate the supply of oxygen.
“It falls on the Central Government to arrange tankers ..(else) it only remains a paper allocation. The allocation to Delhi has been in force from April 20 and not for a single day Delhi has received allocated supply,” said court fixing responsibility on Centre.
The court also clarified that in case its present direction is not complied. Secretary of Industries has to remain present before it. We may even consider issuing contempt proceedings, the court added. Even as Additional Solicitor General Chetan Sharma sought to intervene, the court remarked, “Water has gone above the head. Now we mean business. You will arrange everything now…You made an allocation. You fulfill it.”
ASG Sharma urged the court not to say anything on the aspect of contempt and even requested that the order be deferred by half an hour to enable the officers to explain the position.
“Will we shut our eyes to people dying in Delhi? Enough is enough. Who is asking for a dime more than allocated ?..Don’t do this, Don’t do that. We don’t appreciate this. This is a new way of arguing that we are seeing,” said the Bench.
The Bench also noted that eight deaths were reported by Batra Hospital on account of no oxygen supply for over one hour. During the course of the hearing, senior Advocate Rahul Mehra for the Delhi Government stated that while Delhi’s demand was 700MT, allocated oxygen was 490MT, out of which the suppliers had made a voluntary commitment of supply of 445MT.
The quantity on Delhi border, for today, was 312 MT only, Mehra informed the Court as he submitted that this was a deficit of over 100 MT.
“Our tankers are not given priority. There is no timing, schedule given to us. We are dealing in SoS even today. My officers will have a mental breakdown. A morally conscious person does what best he can. This can’t be permitted,” he said. The matter would be heard on. May 3.
Meanwhile the High Court also sought data on admissions and discharge from all hospitals from April month. “..every day a substantial number of beds should become available. But that does not appear to be happening. Patients who require hospitalisation with oxygen support should normally be in a position to leave within 8-10 days subject to their condition…”, the court said, posting the matter to May 6 for further hearing.