'Delhi Is Not An Industrial State; How Will It Get Tankers?' : Delhi High Court Asks Centre On Oxygen Supply

A special Sunday sitting held in the Delhi High Court in relation to the issue of oxygen supplies to Delhi hospitals amid COVID surge witnessed discussions as to who has the responsibility to arrange tankers for transportation of oxygen - Centre or Delhi Government.The Central Government has filed an application before the Delhi High Court seeking a recall of the order passed by it yesterday in which the Court warned the Central Government officers of contempt action if 490 MT of oxygen was not supplied to the National Capital Territory of Delhi.The bench had passed the order taking note of the tragedy of eight COVID patients in Batra hospital dying due to lack of oxygen. The bench had also observed in the order that Centre has to ensure the availability of cryogenic tankers for the supply of oxygen.A division bench of Justice Vipin Sanghi and Rekha Palli held a special sitting on Sunday afternoon to hear the Centre's recall application.Solicitor General Tushar Mehta, appearing for the Central Government, argued that the liability of arranging tankers for oxygen transport cannot be shifted to the Centre.Senior Advocate Rahul Mehra, appearing for Delhi government, questioned why Centre can't arrange tankers for Delhi using its resources. Mehra told the bench that despite its limitations as a non-industrial state, Delhi Government managed to get some tankers by requesting certain industrial houses."If we(Delhi Govt) could arrange tankers for its own using its resources, why can't Centre do it using all its might? Why can't Centre do more for Delhi? Can the Central Government not give another 100 MTs than the allocation? There is an allocation shortfall." Mehra remarked.Mehra further stated that it never was and is not the responsibility of Delhi Government to get tankers, and despite that, being a time of crisis, the Government went out of its way to get tankers."Delhi is on a different Constitutional footing. Delhi Govt is also not an industrial state. How will it get tankers? It can only use its good offices to approach industries" the Bench observed during the hearing.Amicus Curiae Senior Advocate Rajshekhar Rao told the bench that this issue requires a legal resolution.The Bench noted that the amicus curiae has given a note on the legal issue of whose responsibility it is to arrange tankers. However, Solicitor General urged the Court to not go into that issue as it will cause a serious harm to entire COVID management."Please don't go into that issue. With folded hands I am requesting. It will cause a serious harm to entire COVID management", Solicitor General said."We are not having the luxury of having a discussion on a constitutional issue. This will seriously affect the nation's efforts against COVID. Please do not go into it." SG said."Would your lordship want a situation where every State says it is not a state subject? Let us respond to the situation as citizens of the country." SG added.SG Mehta urged the Court to not disturb the chain of supply which is functioning very smoothly.Rahul Mehra objected to SG's submissions, saying that if the issue is decided it will strengthen Delhi's position of oxygen, and being in a court of law, things have to be decided legally.The Bench stated that it is keeping the issue open. The bench said that if there can be a resolution to the matter without going into the legal issues, that would be preferred. So, the bench sought suggestions from the amicus in that regard.Centre's application uncalled for, Delhi Govt saysDuring the hearing, GNCTD Counsel Mehra submitted that the Centre's application is uncalled for and that the Solicitor General may withdraw it, as there is no prejudice caused by the order, and that the order will only save lives. "Despite the pressure, is it justified to say that State is not being managed properly? "GNCTD counsel Rahul Mehra asked. Solicitor General clarified that their application doesn't even have a remote suggestion that the Delhi Govt is not doing things properly. He acknowledged, that the officers are working overtime, and he will will make never such an allegation. SG informed the bench that the concerned Delhi Govt officer did not attend a meeting for discussing containers despite being informed. In response to Rahul Mehra's submission that two officers of Delhi Govt were doing a lot of things, Solicitor General said that thrusting too many responsibilities on two individuals may not be a good method of management. SG submitted that in principle, Centre is objecting to the shifting of liability (to the Centre). He added that there are many non-industrial states which are arranging tankers. It only requires some innovative thinking for the Delhi Govt to do it. In response to the Bench's inclination to list the application on Monday, SG requested the Court at least modify the contempt part of the order, as it can have a snowballing effect. The Bench clarified...

'Delhi Is Not An Industrial State; How Will It Get Tankers?' : Delhi High Court Asks Centre On Oxygen Supply

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