Delhi High Court directs Centre to ensure the capital receives 490 tonnes of oxygen
'Much water has gone above the head. Now we mean business. Enough is enough,' the court said
“Much water has gone above the head. Now we mean business. Enough is enough,” the court said, warning that failure to comply could lead to contempt action.
The bench of Justices Vipin Sanghi and Rekha Palli asked the senior officials concerned to be present at the next hearing on Monday if Delhi did not receive its full share of oxygen by Saturday night.
“We direct the central government to ensure that the NCT of Delhi receives its allocated supply of 490MT (metric tonnes) positively today by whatever means,” the court said during a four-hour special hearing on a holiday on the oxygen crisis and other Covid issues Delhi is grappling with.
“Considering the fact that Delhi is not an industrial state and does not have availability of cryogenic tankers of its own... it falls upon the central government to arrange the tankers as well so that the allocation made to Delhi could be fulfilled, lest it remain only a paper allocation.”
The bench noted that since April 20, Delhi had not received its full quota of oxygen, which was 480 tonnes to begin with but was later raised to 490 tonnes. “We may even consider initiating contempt proceedings in case of non-compliance. Amit Mahajan (the Centre’s standing counsel in Delhi High Court) shall ensure the communication of this order to the officers concerned forthwith,” the bench said.
The court rejected additional solicitor-general Chetan Sharma’s request to defer its order till May 3 or at least by half an hour, especially the warning about initiating contempt proceedings.
“You (the Centre) made an allocation, you fulfil it. Do you mean we will shut our eyes to people dying in Delhi? Enough is enough now. Who is asking for a gram more of oxygen than is allocated? If you cannot supply, do not supply. We will see your explanation on Monday,” the bench said.
“This is a new way of arguing — telling us, ‘Do not do this, do not do that’. We do not appreciate it. We know what to do.”
Sharma said solicitor-general Tushar Mehta would inform the court on Monday about the oxygen allocation and supply to Delhi.
The court, however, said the subject that Mehta would be informing the bench about was an increase in the oxygen allocation to Delhi.
“We have passed the order. You comply with the order,” Justice Sanghi said and logged off from the proceedings.
Senior advocate Rahul Mehra, representing the Delhi government, had earlier told the court that several suppliers — Linde, INOX and Air Liquide — were either not supplying the oxygen they were supposed to or were providing it in smaller amounts.
The court directed the lawyers of these suppliers to be present at Monday’s hearing.
It asked the Centre why the four cryogenic tankers meant for Delhi that the Rajasthan government had held up had not been released despite the court’s earlier orders. It sought a compliance report on Monday.
When the Centre’s counsel urged the court to seek an explanation from the Rajasthan government, the bench said: “This is the Centre’s problem. The SG (solicitor-general) made a statement before us (on April 26, assuring release of the tankers). Why should we call the state of Rajasthan?
“Those four tankers or something in their place has to come. What is the sanctity of these statements?”
The bench directed the Delhi government to seek help from the armed forces in getting oxygen and enhancing the Covid infrastructure.
The bench asked Mehra why nothing had been done till now despite the court having asked the Delhi government to seek army help two to three days ago.
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