Intervention in supply of oxygen would tantamount to endangering hundreds of human lives: Delhi High Court

In the suo motu case on oxygen shortage in Delhi hospitals during the COVID-19 crisis, the Delhi High Court appealed to states to refrain from obstructing the transport of oxygen tankers to the national capital..After the Bench of Justices Vipin Sanghi and Rekha Palli was informed that authorities in Rajasthan had stalled the transport of oxygen in tankers to Delhi, the Court noted in its order,"We hope and expect Rajasthan to honour the order passed by Centre and this Court. Intervention in the matter of supply of oxygen would tantamount to endangering hundreds of human lives. Serves no purpose to anyone to obstruct.".Solicitor General Tushar Mehta, appearing for the Centre, replied that strict action would be taken against such persons involved..The Court also directed the Centre to take steps to prioritise the clearance of customs for the import of RT-PCR testing kits from abroad.When the Court called for a report on the number of imports which are held up, SG Tushar Mehta objected to the same. He argued,"I've nothing to hide...monitoring is something that is being looked into...it becomes an open forum. Everybody starts discussing...We have an issue in it becoming part of court record...".The Court then directed for the said information to be placed before it in a sealed cover..On the issue of oxygen, the Court recorded SG Mehta's submission that distribution of oxygen is with the Central government only. It further took note of a communication sent by the Delhi government to Sajjan Jindal, Chairman of the JSW, regarding the supply of cryogenic tankers for oxygen..During the hearing, the Court was told that an offer by Maharaja Agrasen Hospital to assist the Delhi government in transporting oxygen was neglected. Advocate Alok Aggarwal, appearing for the Hospital, said,"We can try and help to the best extent. It shouldn't be that we are offering help but they are not...".The Court took a dim view of this, stating,"If communication was sent, share it before us. If State government ignored your offer, that is something which is very serious.".While the Court directed Agarsen Hospital to take up the issue with the Chief Secretary, Delhi, it added, "We are not attributing motives. Fact remains that there has been a lapse. It can be rectified.".Earlier during the hearing, Senior Advocate Sachin Dutta appearing for Jaipur Golden Hospital claimed that the oxygen supply chain was being disrupted by the Delhi government. He said,"Enormous SOS calls were made. They arranged something from AIIMS, but it was (some minutes) late. There is shortage and uncertainty. Delhi government doesn't understand the supply chain...how long after a patient dies should hospitals issue SoS?Inox (oxygen manufacturer) should directly send me the dispatch note. The bureaucratic machinery of Delhi government has completely failed.".Siddharth Jain, Director, Inox, also brought to the court's notice the difficulties being faced by suppliers. ."My factories are working 24x7. When my truck leaves, it is working like a milkman (dropping off small quantities at several hospitals). Our trucks are diverted midway.. Why would I not want to give oxygen? It is my business. Nobody has complained except for Delhi hospitals. I wonder why!", Jain remarked. .Jain also urged that some clarity should be given to it on whom it should supply and what the arrangements made for those hospitals that are not included in the list. .Considering the issues being faced by stakeholders, the Court ultimately directed that the Chief Secretary, Delhi hold a meeting with hospitals, suppliers, re-fillers in order to work out the modalities on the supply of oxygen. .The meeting is to be held at 5 pm today. .An exchange between the Court and SG Mehta on the responsibility of the Central and State governments in providing oxygen to hospitals followed."Delhi government has hardly been able to arrange any tankers...they are requested to take action in this regard," SG Mehta said."You don't seem to be taking into account the established supply chains. They were supplying to Delhi. You've made it 85MT. Why should their tankers be held up in spite of your order?" the Court asked.Mehta then told the Court that criminal action can be taken and that the Home Minister had said that tankers carrying oxygen should be treated like ambulances.The Court then shot back,"We fail to understand. We asked you to consider re-working allocation...all that was not done. 21 lives have been lost.""Not because of non supply by me," was Mehta's reply.The Court went on to state that it was the responsibility of both governments to ensure that oxygen reaches Delhi."Once you make an allocation, it should be workable," the Court said."I'm not an expert. I don't have details of all national problems," was Mehta's response..In view of the instances of black marketing of oxygen cylinders, the Court directed that all re-fillers in the city be present before it tomorrow. .Towards the end of the hearing, Senior Advocate Malvika Trivedi attempted to make a submission on the acute shortage of COVID-19 medicines. The Court said that it would look into that aspect tomorrow..Last week, the High Court had directed the Central government to ensure that the order allocating oxygen to the capital is strictly complied with..This, after it was informed that the Union Home Ministry passed an order under provisions of the Disaster Management Act with regard to transport and supply of medical oxygen to the capital..Following the plea filed on by Max Hospitals regarding shortage of oxygen, Saroj Super Specialty Hospital at Rohini and Sri Balaji Action Medical Institute, Paschim Vihar moved the Delhi High Court seeking urgent supply of oxygen to it.On Saturday, the High Court hearing another plea concerning oxygen shortage at Maharaja Agrasen Hospital..Read the order: