'We Can't Dilute Our Orders': Supreme Court Says Centre Must Implement Its Direction To Supply 700 MT Oxygen Per Day To Delhi,Asks SG To Submit Plan By Tomorrow

In staying the contempt notice issued to the central government officials by the Delhi High Court over oxygen supply to the NCT of Delhi, the Supreme Court on Wednesday required that the UOI make all efforts to comply with its direction regarding supply of 700 MT of oxygen per day to the National Capital Territory of Delhi.The bench of Justices DY Chandrachud and MR Shah directed that until the exercise of carrying out an expert audit to scientifically assess the actual requirement of oxygen in the city is conducted, the direction of the court of April 30, to ensure supply of 700 MT of oxygen, will be duly implemented. Justice Chandrachud opined that the conduct of the audit is a matter for the consideration of another bench which is hearing the suo motu COVID matter and until such time the exercise is conducted and modified requirements of oxygen in the NCT of Delhi become apparent, the court is "answerable to the residents of delhi"."In the meantime, until the above exercise(audit) is carried out, the directions which are contained in the order of this Court dated 30 April 2021 must be duly implemented. It is prima facie not expedient at this stage to take recourse to the coercive arm of the law by invoking the contempt jurisdiction against the two officials of the Central Government and an opportunity should be granted to the Central Government to place before this Court a plan specifically indicating the manner in which the requirement of the NCT of Delhi of 700 MT in terms of the order of this Court dated 30 April 2021 will be complied with, pending further directions of this Court. In order to furnish an opportunity to the Central Government to place a tabulated statement before this Court, we adjourn the proceedings to 11.00 am tomorrow when this Bench will assemble for its regular assignment of work. We accordingly direct that by 11.00 am tomorrow, the Central Government shall place a comprehensive plan before this Court indicating the manner in which the direction for the allocation of 700 MT of LMO to Delhi shall be complied with", the bench ordered.The bench has required that the plan shall show: one, the sources of supply; two, the provisions for transportation; and three, other logistical arrangements to fulfil the requirements of the order.In order to enable the Union of India to place the plan for supply and distribution of oxygen to the NCT of Delhi, the bench directed that the Chief Secretary and the Health Secretary of the GNCTD shall meet with the Union of India officers today evening.Justice Chandrachud observed during the hearing that that 500 MT allocation for Delhi was not sufficient.The judge made this remark after the Solicitor General said that Delhi will be able to manage with 500 MT."According to me, if they have 500, they will be able to manage. We don't have unlimited oxygen, we will have to rationalize", the SG said.The bench said that it cannot accept this."No, we cannot dilute our own order like this...Institutionally, we can't accept this. Our order was for 700 MT. We cannot go behind it. We are answerable to the citizens. We don't know what is happening on the ground with the 550 MT (as supplied to Delhi on May 4). We are not in touch with private citizens as much as you are. Our friendships are limited. But the lawyers are saying every day, 'Do something. We are dying'. We cannot just go by the number of beds (to determine O2 requirement). There are patients outside hospitals also and at their homes who have been unable to secure a bed. We have to look at the practical requirement. 550 is not resolving the problem of Delhi. What we do subsequently after the scientific audit is for another day", Justice Chandrachud observed.Click here to read/download the order

'We Can't Dilute Our Orders': Supreme Court Says Centre Must Implement Its Direction To Supply 700 MT Oxygen Per Day To Delhi,Asks SG To Submit Plan By Tomorrow

Mehal Jain

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