Centre's Appeal Against Delhi HC's Contempt Show-Cause Notice Over Oxygen Non-Supply : Live Updates From Supreme Court

SG: We have been able to augment. We stopped industrial use of oxygen. Several philanthropies came and gave oxygen. We diverted use of industrial oxygen. The question was how to divide this amongst various States and it cannot be at the sweet will of the Centre.

SG: We have a situation of pandemic. The initial quantity available was 5000 MT which was inclusive of industrial oxygen. You may be aware that there are several hospitals where rarely oxygen is required due to the nature of activities, therefore medical oxygen was not in demand.

SG: The issue has popped up before other HCs. We need to have a module which can be replicated and applied to others. Give me ten minutes. 

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Justice Chandrachud: How much have you allocated ? 590 was for Delhi. 

SG: I am not pointing fingers at the State. They are doing their best, the officers are doing their best. But, please allow me to explain the situation. The spirit of cooperation is needed.

Justice Shah: Nobody can dispute that this is not a national pandemic, that people are not dying, that the Central Govt. Is not doing anything. If you get oxygen from other State, they will also be needing it. It won’t be fair to them. What is your plan for distribution ?

Justice Chandrachud: Ultimately putting officers in jail and hauling them up for contempt will not help. There should be a spirit of cooperation and the lives of people are at stake. 

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Justice Chandrachud: We accept your interpretation of the order, but why does your ASG say that it has not been asked for ? After the SC order, the effort has to be to comply. 

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SG: 590 was the allocated quantity. I will place the difference between allocation and - 

Justice Shah: What is the duration for this quantity can be used ?

SG: 24 hours. 

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SG: Before I take you to the orders I am about to challenge, despite what is argued before the HC, we are in the process of 700 mt. Yesterday, we could reach 585. The allotted quantity was 590, but we stretched. 

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SG: I’ll just briefly outline the issues. This is not adversarial, this is not Centre v. GNCTD. State of Delhi is doing its best and Centre is doing its best. 

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