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Ensure Delhi gets 700 MT O2 every day: Top court to Centre
The oxygen crisis in the Capital has been due to the lower allocation by the Centre despite demands from the Delhi government for an enhanced oxygen quota, and the Delhi government’s failure to arrange for cryogenic tankers and trucks to lift even that allocated oxygen
The Supreme Court on Wednesday directed the Union government to ensure 700 metric tonne (MT) of medical oxygen is supplied to Delhi every day, stating that even its judges feel “helpless” after hearing cries of people suffering due to shortage of oxygen, beds, and essential medicines in the national capital. It asked the Centre to submit a plan in the court by Thursday morning detailing how this target would be met, including logistical details.
The bench of justices Dhananjaya Y Chandrachud and MR Shah also stayed the contempt proceedings initiated by the Delhi high court against the Centre on Tuesday over deficit in oxygen supply, but not before clarifying that this is contingent on the Union government’s admission that the court order of May 2 required the Centre to supply 700 MT of oxygen to Delhi until further orders.
“We are not only judges but also citizens of this country. I and justice Shah have been continuously on phone trying to come up with some solution by using our good offices. But we are also helpless. So, we can understand what a common man and citizens feel. We are ultimately answerable to the people,” the bench told solicitor general Tushar Mehta, who represented the Centre.
Mehta requested that the court not insist on 700 MT for Delhi, adding that the Centre will try to supply as much as possible,but the bench declined to accept such a suggestion.
“We can’t accept this as an institutional response. Situation of Delhi is really critical. We are answerable to the citizens, and we know with 550 MT (the amount that reached Delhi on Tuesday), what is happening on the ground. Our friendships are limited because of our positions, but our offices are getting numerous calls, and the lawyers and others are crying. They plead ‘please do something’. When 550 MT is not solving the problem of Delhi, we cannot review our orders... there is tremendous anxiety on the part of the citizens to run from pillar to post for oxygen and cylinders,” it told the S-G.
Mehta, on his part, pressed for an audit to figure out the real requirement of Delhi and optimal utilisation of medical oxygen before determining the final number. While the bench accepted the suggestion for having an audit and asked the Centre and Delhi government to suggest some names by Thursday morning for a panel that would examine this, it made it clear that the May 2 order on supplying 700 MT shall remain in force till the time this order is modified by specifying a higher or lower quantity.
The Centre has consistently claimed that it cannot supply as much oxygen as Delhi wants, and also said that the Delhi government has not been able to transport supplies of oxygen allocated to it -- which is true; Delhi does not have the tankers required to do so.
The oxygen crisis in the Capital has been due to the lower allocation by the Centre despite demands from the Delhi government for an enhanced oxygen quota, and the Delhi government’s failure to arrange for cryogenic tankers and trucks to lift even that allocated oxygen and seamlessly distribute it to its hospitals.
‘National disaster’
“Nobody can dispute it is a national disaster. Nobody can dispute there is a deficit of oxygen. Nobody can dispute some people have lost their lives due to shortage of oxygen... so, now let us ensure that lives are saved. We want you to ensure 700 MT is given between today and Monday (when the special bench takes up the matter initiated on its own) so that it takes the sting off the immediate humanitarian crisis in Delhi,” it said.
The bench asked the S-G to submit a tabulated statement by 10.30am on Thursday, indicating the manner in which its order of supplying 700 MT oxygen to Delhi shall be complied with, and the details on sources of supply, transportation and other logistical arrangements. “This plan will remain in operation till further orders,” it ordered.
Referring to the contempt proceedings initiated by the high court on Tuesday, the bench expressed displeasure at the Centre’s law officers trying to misinterpret the Supreme Court’s order on 700 MT (on Sunday) to wriggle out of the liability.
“Why did your additional solicitors general tell the high court that we didn’t order for 700 MT? The problem is when your law officers argue like this and then you get into a crossfire. Tell your ASGs not to misinterpret the orders of the Supreme Court. The effort has to be to comply after our orders. Hauling up anyone in contempt will not get anybody oxygen in the country. We want the oxygen to come,” it told Mehta.
“It must be clarified that taking recourse to contempt will not resolve the problems. The country is faced with a serious pandemic of unprecedented humanitarian crisis, the efforts of courts should be to have active engagement and cooperation of all stakeholders,” the bench noted in its order, as it stayed the contempt proceedings against the Centre. At the same time, the bench clarified that the Delhi high court shall continue to monitor the case before it relating to the supply of oxygen and other essential resources.
‘Examine Mumbai model’
The court also asked the officials of the Centre and Delhi government to have a meeting on Wednesday evening for a deliberation on supply and distribution of oxygen, besides also examining the “Mumbai model” of optimal utilisation of oxygen.
The S-G cited the “Mumbai model”, pointing out that despite having a case load of 92,000 cases as on April 10, Mumbai made do with just 275 MT of oxygen. The city also made arrangements for a buffer storage for imminent requirements. The court said that the Delhi government should consider replicating this model for the national capital.
The top court also urged the Centre to revisit its oxygen allocation policy, saying the existing quantum of allocations were chiefly linked to the number of ICU and non-ICU beds in a state but did not consider the requirement of patients who could not get beds in hospitals but required oxygen support. “Your allocation formula is not scientific but based on some generic assumptions,” it said.
The bench also noted that the expert committee of the government did not include any eminent doctor associated with private hospitals, adding that it will consider setting up a committee on the next date of hearing for reviewing the formula of oxygen allocation.
Raghav Chadha, MLA in-charge of overseeing the oxygen supply in Delhi, said that after the high court’s rebuke, the central government has given a maximum of 555MT oxygen a day to Delhi till date, while the city’s requirement is 976MT. He said that the Centre’s responsibility doesn’t end there and added that it should also provide cryogenic tankers to ensure the transportation of liquid medical oxygen.
“The oxygen supplied to us yesterday (Tuesday), only 57% (555MT) of the needed amount of 976 MT, was not done via regular sources, but on ad hoc basis. It was a result of ‘jugad’ done by the Centre. It was not supplied to us via our identified sources... However, it was supplied only after the HC’s reprimand, through ad hoc and temporary means, like for example the trucks which were supposed to go to another state were diverted to the national capital… We really hope that we receive the oxygen with full certainty, and the plants which are designated to supply to us, must do so on a regular basis. It shouldn’t be occasional, wherein whenever the HC denounces the central government, they supply the oxygen to us on that same day or the next day…,” he said.
