Delhi Represents The Nation, Centre Has A Special Responsibility Towards It: Supreme Court On Oxygen Shortage In National Capital

The Supreme Court on Friday observed that the Central Government has a special responsibility as far as the needs of citizens of Delhi are concerned. "Delhi represents the nation and there is hardly any one ethnically Delhite…You have a special responsibility as the Centre", Justice DY Chandrachud observed while hearing the suo moto case pertaining to COVID-19 related issues. Delete "Delhi represents the nation and there is hardly any one ethnically Delhite. Forget about someone not lifting oxygen. You have to push through since you have to save lives Mr Solicitor. You have a special responsibility as the Centre", Justice Chandrachud.— Live Law (@LiveLawIndia) April 30, 2021The Bench also comprising of Justices L Nageswara Rao and S Ravindra Bhat added, "As a national authority which has a responsibility to the national capital you are answerable to the citizens." The Supreme Court was hearing Solicitor General Tushar Mehta on the issue of Oxygen Shortage across the country. The hearing will be continued after lunch. During the hearing, the SG claimed there is no oxygen shortage but availability in some areas, for instance Delhi, might be deficient because of inadequate lifting of oxygen supplies. However, the Bench noted that as against 700 MT demand made by the Delhi Government, Centre had allocated on 490 MT of oxygen. It noted that as many as 500 lives were lost in merely five days and immediate steps must be taken to ameliorate the situation. "Delhi represents the nation and there is hardly any one ethnically Delhite. Forget about someone not lifting oxygen. You have to push through since you have to save lives Mr Solicitor. You have a special responsibility as the Centre," Justice Chandrachud observed.The Bench also asked the Delhi Government to not indulge in 'political bickering' and to work in cooperation with the Central Government during this humanitarian crisis. "Politics is at the time of elections. There has to a sense of cooperation. A spirit of dialogue. Saving lives is the priority," observed Justice Chandrachud while asking GNCTD counsel Rahul Mehra to convey his message to the highest authority in the State.Both Mehra and SG Mehta expressed that the observations of the bench will be followed in letter and spirit. The SG told the Bench that the issue is mostly because Delhi is a non-industrial state and in the absence of any production, it does not have cryogenic tankers for transportation of liquid Oxygen. "Centre is providing more tankers. Some philanthropic industries are being involved to get tankers and oxygen on war footing," the SG submitted. However, citing deficit in supply, Justice Chandrachud said, "If there is a 200 MT deficit then you should give that straight away to Delhi. Centre has an important responsibility as far as citizens of Delhi is concerned. You have said surplus is there in steel sector, then use that and supply to Delhi." Justice Ravindra Bhat added, "Delhi is a non-industrial state like Goa, Uttarakhand and everybody cannot be on same board." The Bench addressed a plethora of issues being faced by people due to shortage of medical facilities amid the second wave of the pandemic. It also put questions to the Centre on its vaccination policy, and differential pricing of vaccines. Shortage of Oxygen During the hearing, Justice Chandrachud also asked the Centre if a mechanism can be developed to show real time updates regarding allocation of Oxygen. "Our hearing must make a difference. Tell us how much oxygen will be made available to critical states," the Bench asked the Solicitor General who in turn informed the Court that a virtual control room is working 24 x 7 to monitor oxygen needs of states. Vaccination Drive & Pricing Policy Inclusion of all The Supreme Court asked the Central Government as to why it is not following a 'national immunization program' for Covid-19 vaccination. Justice Chandrachud flagged concerns about exclusion of SC/STs, disenfranchised people from vaccination coverage. "How Centre will ensure registration for vaccines for illiterate people considering the fact that COWIN app registration is mandatory," he further asked the Solicitor General Control differential pricing During the hearing, the Court also questioned the Government on differential pricing of vaccines. "Manufacturers are charging Rs. 150 from the Centre but Rs. 300 or 400 from states…The price difference becomes 30 to 40,000 crores. There is no point for price difference," Justice Bhat told the SG. The Court asked the Central Government to not leave vaccine pricing to the manufacturers and to invoke its powers under Section 92 and 100 of the Patents Act for compulsory licensing of the COVID vaccines. "Rule 19 and 20 of Drugs Price Control order mandates you to control the price of drugs, whether you procure or not let states get it from you," Justice Ravindra...

Delhi Represents The Nation, Centre Has A Special Responsibility Towards It: Supreme Court On Oxygen Shortage In National Capital

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