‘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 of the court,” it ordered.
About 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 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,” noted the bench 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. 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 rued.
It also noted that the expert committee of the government did not include any eminent doctor associated with private hospitals, adding the bench will consider setting up a committee on the next date of hearing for reviewing the formula of oxygen allocation.