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Updated May 2nd, 2021 at 18:14 IST

Delhi HC hears recall application of Centre after contempt warning on oxygen quota

The Delhi High Court held a 'Special Sunday Sitting' to hear the application filed by the Centre to recall the order, relating to the delivery of oxygen

Reported by: Sudeshna Singh
Delhi High Court
PTI/Representative Image | Image:self
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In a key development, the Delhi High Court held a 'Special Sunday Sitting' to hear the application filed by the Centre to recall the order passed on Saturday, in which it had, putting the charges of contempt, directed the Centre to supply the allocated 490 MT of oxygen to Delhi. The order was passed by the court, taking cognizance of the loss of lives at Batra hospital due to oxygen shortage, emerging due to the late delivery of oxygen by the Centre. 

Minutes of the 'Special Sunday Sitting'

During the hearing, Solicitor General Tushar Mehta objected to shifting the liability on the Centre. Pointing out that the other non-industrial states were arranging tankers, he asserted that Delhi should resort to some innovative thinking and arrange for some tankers. Calling it a systemic failure, he requested the Court to urge the government of the Union Territory to augment its efforts to get tankers. On this, Delhi's Standing Counsel Rahul Mehra retaliated, saying," the systematic failure is on the part of the Centre." After which Solicitor General Tushar Mehta explained, "Mapping of requirements can be done, GPS on tankers can be put. There has to be a system in place. That's what I mean by systemic failure." He went on to clarify that it was not a political statement."

Solicitor General Tushar Mehta also pointed out that Delhi was not making the best use of the oxygen provided. Highlighting that some states with more beds were getting less oxygen than the Union Territory, he said, "It is not that the oxygen is not sufficient. If the oxygen allocated to Delhi is properly channelized and judiciously utilized, this situation can be avoided."

On this Delhi' Standing Counsel Rahul Mehra retaliated, "To say that we are not using oxygen judiciously means, that the doctors are not using oxygen judiciously. The state is not using oxygen. Doctors are. Neither I nor the Solicitor General is experts to say what Doctors should do."

Hearing both sides, Justice Sanghi outlined, "it is no solace for a patient that the oxygen is in transit." "In transit can also mean 1000 kilometres away", Justice Rekha Palli added. Solicitor General Tushar Mehta asked why no other State except Delhi was making such allegations, on which Justice Sanghi said, "Because they were being provided oxygen."

After a series of arguments, the bench issued notice on the present recall application filed by the Centre and asks Delhi Government to respond to it by Tuesday. The next hearing in this matter has been placed on Wednesday.

COVID-19 and oxygen shortage in Delhi 

As soon as the COVID-19 cases in Delhi began to rise, there emerged an acute shortage of oxygen, with reputed hospitals like Gangraram, complaining of shortage and asserting that they were left with no means but to 'beg-borrow and steal' and get the patients some relief. There were other hospitals, who couldn't manage, and there were deaths reported, among which are Jaipur Golden hospital that reported 25 deaths last week, and Batra Hospital that reported 8 deaths today, May 1. While the Centre has maintained that it is leaving no stone unturned to meet the requirement of the region, the administration seems unhappy and has time and again been complaining of oxygen insufficiency. 


(Credit-PTI/Representative Image)

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Published May 2nd, 2021 at 18:14 IST

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