E-Paper
Imperative for Centre to act on task force’s proposal on oxygen supply: SC
Additional solicitor general Aishwarya Bhati, who appeared for the Centre, informed the top court that the central government will file its action taken report before the top court.
The Supreme Court on Monday said that it was “imperative” for the Centre to act on the recommendations given by a 12-member National Task Force on oxygen allocation to states and Union territories and directed the government to file an action taken report within two weeks.
The bench of Justices Dhananjaya Y Chandrachud and MR Shah, which had gone through the recommendations of the Task Force, asked the Centre on Monday about the progress on implementing them. “The Task Force consists of experts and senior doctors across the country. It is imperative for the Centre to take steps and ensure that their recommendations are duly implemented.”
The report of the National Task Force (NTF), constituted by the top court in May this year, was submitted in June and included proposals for building strategic oxygen reserves to tide over a possible third wave of Covid-19 infections.
Additional solicitor general (ASG) Aishwarya Bhati, who appeared for the Centre, informed the top court that the central government will file its action taken report before the top court.
The bench posted the matter for hearing after two weeks along with a related suo motu petition on Covid-19 preparedness.
The bench further directed the Centre to supply its report to the two amici curiae - senior advocates Jaideep Gupta and Meenakshi Arora, who are assisting the court in passing effective directions. The bench asked the two senior lawyers to prepare a note indicating the way forward to meet the exigencies of the situation, should there be a third wave of cases.
The top court was hearing a plea by the Centre against a Delhi high court order initiating contempt proceedings against central government officials for not complying with a ruling to supply 700 MT of liquid medical oxygen for Covid-19 patients in the national capital at the peak of the second wave in late April. On May 5, the top court stayed the contempt proceedings.
The NTF report made crucial recommendations on allocation and supply, prescribing a formula of 1.5 metric ton (MT) liquid medical oxygen for a 100-bed hospital with 25 intensive care unit (ICU) beds a day. “Such a formula will be a part of a dynamic, evolving process and open to modification and consultation with states as the situation evolves,” the Task Force stated in its report.
For allocation of oxygen, the Task Force recommended taking into account active Covid-19 caseload in respective a region along with the doubling rate. By applying this standard, the requirement could be addressed for future demand as well, the report said.
Akin to petroleum reserves, the expert panel said the Centre must come out with a plan for strategic oxygen reserves to cover consumption for two-three weeks.
It also proposed that states and UTs should develop a mechanism to predict daily and weekly inventory of oxygen and send the information to an Oxygen War Room maintained by the Centre. The report emphasised that audit of oxygen usage by hospitals should be mandatory and required oxygen committees to be set up at state level to ensure a buffer of at least six oxygen cylinders in rural areas to make up for any delay in arranging last-minute demand for oxygen in remote areas.
In addition to the NTF report, a sub-group on oxygen allocation and usage focusing on Delhi also submitted its interim report to the Court in June this year. Though the final report of the sub-committee, headed by AIIMS director Randeep Guleria is awaited, the findings in the draft showed “gross discrepancy” in recording the requirement of medical oxygen by 183 hospitals in Delhi. The report said that a demand of 1,140 MT was made as against the actual requirement of 209 MT.
The report relied on responses received from Delhi government, a study by Petroleum and Explosives Safety Organization (PESO) and data provided by 183 city hospitals to show that on May 12, actual consumption of oxygen was shown to be 1,140 MT. This exaggeration was denied by Delhi government. Later, the sub-group chairman clarified that the controversy was unnecessary as requirement of medical oxygen is dynamic in nature.
