Centre vs Delhi in HC as oxygen crisis continues
NEW DELHI: The representatives of the Union and the Delhi governments traded blame over the oxygen crisis afresh in an unusual Sunday hearing at the high court, which a day earlier warned the central government of contempt proceedings if it did not ensure the supply of the full quota allocated to the national capital. The hearing was on an application by the Union government to recall the order, a plea that was opposed by the Delhi government.
“I have made a statement on affidavit,..We are objecting to shifting of liability… Centre is helping. Lakshadweep is arranging tankers. It’s a matter of innovative thinking. Just approach the Central government.. It’s not pointing fingers. I maintain there is systemic failure... every hospital at the last minute comes to court and we’re fire fighting,” said solicitor general (SG) Tushar Mehta, who added that systemic failure did not mean failure of leadership
Responding to the arguments, senior advocate Rahul Mehra, for Delhi government, said that the systemic failure was at the Centre’s end which did not consider as to how the allocated supply would reach the national capital. He said the Delhi government sought information every two hours from the suppliers, but the requests were objected.
Mehra also opposed the Centre’s application against the HC order. “This is an uncalled for application. My senior colleague may withdraw it. No prejudice would be caused with the order passed by the court... It was only because of the order that lives were saved,” he added.
The bench after hearing arguments from both sides, issued notice to the Delhi government on Centre’s application and asked them to file a reply within three days, posting the matter for hearing on Thursday.
The Centre on Friday increased Delhi’s oxygen allocation from 490 MT to 590 MT after the repeated demands by the state government and an observation by the Supreme Court. However, at least three hospitals -- Sita Ram Bhartiya Hospital, Venkateswara Hospital, Maharaja Agrasen Hospital -- moved the high court on Sunday to raise SOS calls citing precariously low stocks of medical oxygen. Solicitor general (SG) Tushar Mehta said while other states have arranged for tankers and are not facing any problem, Delhi hospitals were raising SOS calls at regular intervals.
He contended that senior advocate Rahul Mehra, appearing for the Delhi government, made wrong statements in the high court with respect to the proceedings that took place in the Supreme Court in connection to the allocation made by the Centre to Delhi. He said that the suppliers were not given accurate and definite information about the supply which leads to confusion when the details are changed last moment every time.
Mehra said the systemic failure was at the Centre’s end which did not consider as to how the allocated supply will reach the national capital, referring to the solicitor general’s remarks about there not being enough tankers. He also said Delhi government sought information from suppliers every two hours, but they objected to it.
“….Delhi officers are transferred in a second. To throw mud in the open...it is easy to say officers are not cooperating..They are not super humans. Please respect officers. They are weathering crisis minute by minute. Yesterday, there was SOS from every single medical facility,” Mehra said as he displayed an SOS call from a Delhi government officer on the shortage of oxygen last night.
The court observed that Delhi is on a very different footing and said, “This is something [that] are allegations or counter allegations... We are dealing with lives of many people. Delhi is on a very different footing. You issued a notification saying Delhi government is L-G... Look at the constitutional scheme. Delhi is not an industrial state...”
To this Mehta said, “Let’s not get into it. It is different matter. If they think that they can’t do it, the L-G will do it”. He also objected to the court getting into to legal obligation as to who would provide tankers for the supply of oxygen to the city.
The bench also chose not to press the contempt action against the Central government officials for not supplying the promised amount while stating that “that is the last thing on our mind”, owing to the pressure on the officials who were stretched beyond capacity.