Won’t put lives at risk: SC rejects Centre plea
Court dismisses plea against K’taka HC order asking Centre to increase O2 supply
NEW DELHI : Stating that it “will not put the people of Karnataka in the lurch”, the Supreme Court on Friday turned down the Central government’s plea to the Karnataka high court order that has directing it to immediately increase the supply of medical oxygen to the state from 962 metric tonnes (MT) per day to 1,200 MT per day in view of the spurt in the active Covid-19 cases. The state currently has more than 5.17 lakh active cases.
“It is a well calibrated and judicious exercise of power by the high court. It is not an arbitrary order but based on adequate reasons. The high court order is a well-considered order... We will not keep the people of Karnataka in the lurch by interfering with this order,” the bench of justices Dhananjaya Y Chandrachud and MR Shah told the Central government, represented through solicitor general Tushar Mehta.
Discomfited by the remarks of the bench, Mehta retorted that the Centre was willing to “walk out” of the oxygen allocation process if the high courts were willing to decide the quantity of oxygen each state should get.
“We are willing to give the entire quantity of oxygen to the high courts. Let high courts distribute it. We will be out,” said the S-G.
The bench, however, replied: “That may not be the correct attitude. We understand the issues involved and we are constituting a committee that will go into the criteria of allocation. But that does not mean that our high courts will shut their eyes, put blinkers on and will not say anything even if people are suffering.”
At this, Mehta sought to persuade the bench not to record statements in the court order on quantity of oxygen demanded by the Karnataka since the Union government was going to resolve it through talks. He also urged the bench to add that the Karnataka high court order should not act as a precedent for other high courts to also start passing order on allocation of oxygen by Centre to the respective states.
But the bench told Mehta that the Karnataka high court order was based on the norms laid down by the Centre’s own expert committee on requirement of oxygen on the basis of active cases and the number of beds available. “You may have difficulty in procuring the oxygen but the 1162 MT per day is the requirement of Karnataka based on your own norms,” it told the S-G.
In its order, the bench the recorded that while the allocation was increased to 856 MT to 965 MTS from May 5, the minimum requirement of the state, as projected by the state government on May 5 was 1162 MT per day. “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 not taken. 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 order stated.
It added that the high court has furnished adequate reasons for issuing a calibrated ad-interim direction without precluding a mutual resolution by the Centre and Karnataka government.
On May 5, the high court, while hearing a PIL , had recorded a statement of Karnataka’s additional chief secretary that requirement of oxygen in the state was likely to go up to 1,792 MT by May 5, and directed the state government to submit a representation to the Centre in this regard. It further ordered that till this representation was considered, the Centre will supply 1200 MT of oxygen per day to the state. Challenging this order before the top court, the Centre said that such a direction by the high court will “have a cascading effect and result in the total collapse of the system.