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

Bench: We are aware that DHC is engaging with the matter on a day to day basis. We cannot look at the problem from one area alone, but from the perspective of the entire country. We cannot be oblivious to the needs of NCT of Delhi. It is with that view we had directed 700 MT.

Bench: At the outset, it needs to be clarified that taking course to contempt proceedings will not be enough to address the problems facing the country. The country is faced with a pandemic of unprecedented nature. Active engagement and cooperation of all stakeholders is needed.

Bench: Data has been provided by Mr. Mehra on the allocation of oxygen to Delhi and he states that there has been a substantial increase in allocation, but target of 700 MT is yet to be achieved. 

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Bench: He has submitted that a virtual control room has been established, and that extra capacity has been sourced from Gujarat. Having regard to shortage of containers, arrangement has been made with the Railways for a complement of trains to carry stock of oxygen to Delhi.

Bench: They can come up with a method for allocation. Some scientific basis can be demonstrated. Apart from SG, we also had the benefit of engaging with Piyush Goyal who has indicated the steps that have been taken on proactive basis for augmenting supply by Centre.

Bench: Mumbai managed in a planned manner. The fourth submission urged by SG is that if a proper audit is conducted of the oxygen in Delhi by a broadbased committee with members from Sttae and Centre, and experts from public and private hospitals. 

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Bench: It has been urged that if a comparison is drawn between city of Mumbai, it was submitted that at the peak of case load in Mumbai when it had an active case load of 92000, the oxygen consumption was 275 MT LMO. Hence it has been urged that Mumbai was able to manage.

Bench: The group suggested 50 litres oxygen per minute for ICU beds and 25 litres for non icu beds and on the basis of this it was submitted by the group that 700 MT demand by Delhi was not as per the actual demand.

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Bench: however, it was submitted that contempt was not warranted. It was submitted that an expert group was constituted by the Centre to evaluated the requirement of oxygen pan India. 

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Bench: Aggrieved by directions of Hc, the Union of India is in appeal. At the outset, the SG has submitted that the Centre accepts its obligation to comply with order of this Court accepting the interpretation that 700 MT be provided to GNCTD. 

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