KARNATAKA IMPOSES STRICT CURBS FROM MAY 10 TO MAY 24
The Supreme Court on Friday said it will not leave Karnataka citizens in the lurch as it refused to interfere with the Karnataka High Court order asking the Centre to increase the daily oxygen allocation for the state from 965 MT to 1200 MT for treating COVID-19 patients.
A bench of justices D Y Chandrachud and M R Shah said the high court's interim order of May 5 is a "well calibrated, deliberated and judicious exercise of power”, and does not preclude mutual resolution between the Centre and the state government.
The apex court said: “The order of the High Court is based on the need to maintain at least a minimum requirement as projected by the State Government until a decision on the representation is taken and the High Court is apprised. "Hence, without enquiring into the wider issues sought to be raised at this stage (and keeping them open) there is no reason to entertain the Special Leave Petition. The Special Leave Petition is disposed of ”.
The bench said it was looking at the wider issue and “we will not keep citizens of Karnataka in lurch”.
It refused to accept the Centre's contention that if every high court starts passing orders for allocating oxygen, it would make the supply network of the country “unworkable”.
The bench told Solicitor General Tushar Mehta, appearing for Centre, that it has read the sequence of events and it can say that it is “well calibrated, deliberated and judicious exercise of power after taking into account the number of COVID-19 positive cases. We will not interfere with it”. It bench further noted, “The allocation for the State of Karnataka stood at 802 MTS prior to 30 April 30, 2021 and has been increased to 856 MTS from May 1, 2021 and 965 MTS from May 5, 2021. The minimum requirement of the State, as projected by the State on May 5, was 1162 MT”.
The bench said, “The High Court has furnished adequate reasons for issuing a calibrated ad-interim direction. The direction of the High Court is evidently an ad-interim direction, subject to such calibration as would be necessitated after Karnataka and the Centre have mutually attempted to resolve the issue”.