No clampdown for asking help, says SC
Top court warns state govts of contempt if social media posts appealing for oxygen or beds are censured
NEW DELHI: Clampdown on social media messages for help is the worst way to deal with the Covid-19 crisis, said the Supreme Court on Thursday as it warned all state governments against taking action against those using online platforms to make appeals for arranging oxygen, essential medicines and other help.
“It is a matter of grave concerns to us. If citizens communicate their grievances either on the Internet or on social media, there cannot be a clampdown. We don’t want a clampdown of information. That’s the worst way of dealing with a crisis,” observed a bench, headed by justice Dhananjaya Y Chandrachud.
The bench, which included justices L Nageswara Rao and S Ravindra Bhat, gave examples of various social media posts asking for help when somebody needed an oxygen cylinder or a bed in a hospital or an essential drug such as Remdesivir.
The top court was hearing a suo motu (on its own) case for devising national policy for Covid-19 management amid an unprecedented surge in Covid-19 in the second wave of the pandemic that has overwhelmed the health case infrastructure.
“To act against someone who is seeking help for oxygen or a medicine is against the basis precept,” said the bench, adding it wanted to caution all the state governments and their director generals of police (DGPs) against any action against those seeking help.
“Let this message go very clearly to all states and their DGPs, we will treat this as a contempt of this court of they want a clampdown on communication. Let everyone understand that we are not projecting anyone in a bad light but looking out for help,” remarked the court.
The bench concluded its discussion on the issue by making it unequivocal: “Let information flow freely. Let us hear the voices of our citizens and not a clampdown on them.”
Solicitor general Tushar Mehta, who appeared for the Central government in the matter, agreed with the court, saying there could not be any action people who were already in distress, asking for help.
The court’s observations assume significance in the wake of a recent case lodged in Uttar
Pradesh’s Amethi against a 26-year-old man for allegedly spreading “false information” on social media over the supply of oxygen. Shashank Yadav made an appeal on Twitter for an oxygen cylinder for his critically-ill grandmother, which the police later claimed was false. Earlier this week, Yadav was booked under the charges of the Epidemic Act and the Indian Penal Code for spreading false information with an intent to create panic in society. Yadav was taken to a police station for questioning, but was later let off.
The bench also took up issues such as projected demand of oxygen in the country at present and near future and as to how the government intended to allocate it to “critically-affected” states and about the monitoring mechanism to ensure supply.
It observed during the hearing that even frontline doctors and healthcare workers were not getting beds for treatment and the healthcare infrastructure inherited over past 70 years was not sufficient and the situation was grim.
The apex court said hostels, temples, churches and other places be opened for converting them as Covid-19 care centres.
It said the Centre should adopt national immunisation model as poor people will not be able to pay for vaccines. “What happens to the marginalised and SC/ST population? Should they be left to the mercy of private hospitals?” it asked.
The court also said the government must consider National Immunisation Programme for various vaccines and must think of providing free of cost vaccination to all citizens.
It said the healthcare sector has come to a breaking point and retired doctors or officials could be re-employed in this crisis.
The top court also said that private vaccine manufacturers cannot be allowed to decide which state should get how much.
It allowed the Centre to give a power point power point presentation on Covid-19 preparation. The Centre said that there is no shortage of medical oxygen in country and supply being augmented for Covid-19 relief.
There is enhanced production of oxygen in country from about 6,000 MT per day in August 2020 to 9,000 MT per day till date, the Centre said, adding that UP has installed GPS devices on its tankers carrying oxygen to ensure that vehicles are moving.
The bench also rapped the Delhi government over the Covid-19 situation in the national capital and said that there should not be any political bickering and it should cooperate with the Centre to deal with situation.
The solicitor general said Delhi is not able to lift the oxygen quantity due to logistical issues. “Politics is for election and at this time of humanitarian crisis each and every life needs to be taken care of. Please convey our message to highest level that they have to keep politics aside and talk to Centre,” the bench said.
It told senior advocate Rahul Mehra, appearing for Delhi government, to ask the chief secretary to talk with central government officials and sort out the problems in the national capital.
The bench on April 22 took note of the pandemic situation due to sudden surge in Covid-19 cases as also in mortality and said it expected the Centre to come out with a “national plan” to deal with distribution of essential services and supplies, including oxygen and drugs.