‘Centre, state responsible for O2 supply’: Delhi High Court

The court directed the Delhi government to hold a meeting with suppliers and hospitals to chalk out a distribution plan and observed that ensuring regular supply of oxygen to Delhi hospitals was the responsibility of both the Delhi government and the Centre.

Taking note of black-marketing of medical oxygen in view of the surge in demand in the city, the Delhi high court on Monday summoned firms engaged in refilling of oxygen cylinders in the Capital and warned of strict action against those selling it at inflated prices.

A patient, wearing an oxygen mask, sits outside Lok Nayak Jai Prakash Narayan Hospital (LNJP), one of India's largest facilities for coronavirus disease (Covid-19) patients only, in New Delhi, India, April 22, 2021. (Reuters)

The court directed the Delhi government to hold a meeting with suppliers and hospitals to chalk out a distribution plan and observed that ensuring regular supply of oxygen to Delhi hospitals was the responsibility of both the Delhi government and the Centre.

The bench of justices Vipin Sanghi and Rekha Palli also warned states that were allegedly obstructing the supplies to other states.

Terming black-marketing of medical oxygen a “major issue in Delhi”, the bench said it will take strict action against the black marketers. The court also mentioned an incident in which a senior advocate informed them that people were demanding ₹1 lakh per cylinder.

The court directed the Delhi government to take immediate action. “Oxygen cylinder distribution is your (Delhi government) baby. You have powers, exercise them. If someone is engaging in black marketing, take action. They need to be taken to task. Bring them before us and we will take action,” the court said.

“We direct all the refillers of oxygen cylinders in Delhi to be present in the hearing on Tuesday following complaints of non-availability of gas cylinders and black marketing,” it added.

The court directed that those engaged in refilling oxygen cylinders must provide details to the government of deliveries made to hospitals and others, failing which strict action will be taken.

Senior advocate Rahul Mehra, representing the Delhi government, said before taking any action it will need the information from the refillers with regard to the deliveries made by them, but if it sends a show-cause notice seeking such details, it is viewed as harsh.

The court then asked Delhi chief secretary Vijay Dev, who was present at the hearing, hold a meeting with suppliers and various hospitals in the city to work out a distribution plan.

The court’s direction came after Siddharth Jain, director of INOX, which is a major supplier of medical oxygen to Delhi, informed the court about the difficulties faced by suppliers. He said his factories were working round the clock even when a lot of staff members were down with Covid-19.

During the proceedings, the court said it was the responsibility of both the Centre and Delhi governments to ensure that the oxygen is supplied to hospitals in Delhi. “Twenty-one people have died. Human lives have been lost…..You have to work out your allocation. You cannot ask one producer to become a transporter,” the judge said.

To this, Solicitor General (SG) Tushar Mehta, representing the Centre, said, “It’s not because of me (the Centre) for God’s sake. Please have your (Delhi government) system in place. Please have competent officers.”

But the court said it was the responsibility of both the governments.

“Same can be said about you (Centre). Same can be said about your (Centre) allocations,” the high court bench said. The court said more than the lack of supply, it was the distribution issues that were causing fatalities.

“It’s the job of both the governments. You are giving those places which do not have the tankers. The place which has a tanker, you are diverting it elsewhere. .. What prima facie appears to us is that you are making these allegations… Once you make allocations they should be workable...” it said.