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

Bench: We also think an opportunity be given to Centre to showcase the plan to achieve the 700 MT target for Delhi. 

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Bench: In the mean time, we are firmly of the view that order dated 30th April must be duly implemented. We are of the view that there is no requirement to use the coercive arm of law and contempt should not be taken. We would want the Centre to file a reply.

Justice Chandrachud: An audit can be considered to this extent. 

SG: Can I say something ? You may say requirement and management.

Justice Chandrachud: We will see to that in the afternoon. 

SG: In Delhi, the audit can be done in 3 days. Pan-India can be done in a while.

Bench: - and derive some learning from the modalities followed. On the basis of this, steps can be taken by GNCTD and Centre to replicate the administrative experience arrived upon by Bombay to the extent possible.

Bench: It has emerged before the Court that Municipal Corporation of Mumbai had put some modalities into place at the start of the second wave. There has been a consensus before us that a team of officers with GNCTD and Centre will engage in the next three days with MCGN -

Bench: 3) Actual availability. We are inclined to reflect further which has been urged by SG that some modalities may be put into place to carry out an actual audit - it may reveal a higher demand or otherwise is a matter to be seen subsequently.

Bench: 2) Requirement of managing the resources of oxygen so as to optimise the efficiencyof GNCTD. A proper supply chain and right up to hospitals is needed. A requirement of building buffer stock is needed in the event of an emergency.

Bench: One aspect which needs to be underlined is that if requirement of oxygen is tagged to beds. Apart from a formal institutional framework, oxygen is also being made available to people who are not getting beds. Therefore there is a need for a formula not exclusive to beds.

Bench: It is not to fault the government or expert group. However, we are of the view that in the experience we have gained, it would be necessary for Centre to look at the formula afresh and see if it needs to be further considered.

Bench: It appears to the Court that the problem has four dimensions. 1) Methodology or formula that is to be utilised for allocation of oxygen. The formula which has been arrived by expert group is on the basis of ICU and non ICU beds.