New Delhi: As Delhi's Batra Hospital kept pleading in the Delhi High Court for medical oxygen, at least 12 patients, including the HoD of the hospital's Gastroenterology department died due to a lack of medical oxygen, prompting the bench of Justices Vipin Sanghi and Rekha Palli to threaten contempt proceedings against the Centre if it failed to keep its word of supplying the allocated 490 MT of liquid medical oxygen to the Capital by Saturday night, all the while noting that not even for one day throughout the oxygen crisis had the Centre honoured its paper commitment of oxygen supply to the city.
"Enough is enough. Water has gone above our heads... we are here to take care of business... Mr (Chetan) Sharma (ASG for the Centre) eight patients have died in Batra Hospital due to lack of oxygen... Can we shut our eyes to people within Delhi? If you don't comply, we will have to take into consideration the contempt part," the court noted during the hearing.
In the order, the court directed the Central government to "ensure that the NCT of Delhi receives its allocated supply of 490 MT positively today (Saturday), by whatever means". The court went on to make it amply clear that it might consider contempt action against officers of the Central government responsible for ensuring oxygen supply to states and UTs if its orders are not implemented.
"Considering the fact that Delhi is not an industrial State and does not have availability of cryogenic tankers of its own which could be requisitioned under the Disaster Management Act — like other States have done, it falls upon the Central Government to arrange the tankers as well, so that the allocation made to Delhi can be fulfilled, lest it remains only a paper allocation. The Central Government shall ensure availability of cryogenic tankers as well for the said supply," it ordered.
The court went on to say that if this order is not implemented, then officers of the Ministry of Home Affairs and Ministry of Commerce and Industry — Additional Secretary Piyush Goyal and Additional Secretary Sumita Dawra respectively — shall be present at the next hearing on May 3. It said: "We make it clear that we may even consider initiating contempt proceedings in case of non-compliance."
During the hearing, the court noted that as of that time, eight people, including a doctor, had died at the Batra Hospital in Delhi due to a lack of medical oxygen and that the Delhi government had informed it of the oxygen crisis only getting worse and that it had exhausted its reserve supply of oxygen. The Delhi government also informed the court that both Linde and Air Liquide plants had not yet supplied to Delhi on Saturday.
Senior advocate Rahul Mehra, on behalf of the Delhi government, to the court during the hearing said that the suppliers were not adhering to their contractual obligations. "My officers will have a nervous breakdown. I am apprehending that the oxygen is being supplied by the suppliers to other states under some pressure," he said, adding that Delhi's tankers are not getting prioritised and keep waiting for hours.
Advocate Abhinav Tyagi, on behalf of Linde, said they would not even be able to supply the 10 to 12 MT oxygen for the day as Goyal Gases informed the court that it was already supplying more than it is meant to.
On the other hand, Advocate Aseem Chaturvedi for INOX complained to the court that its allocation to Delhi hospitals kept changing and that its trucks were being stopped in Haryana regularly. "My officers are fire fighting. I cannot contact Mr Mehra or Mr Rao (Amicus curiae) at 12:30 AM at night. I have taken a conscious call to supply the best that I can," INOX said.
In fact, even Linde said its trucks were being held back in Rajasthan and were unable to ensure supply and when Seth Air also said it is not getting its supply from Linde and will not be able to distribute further, the court shot at the Centre, saying that it had itself made the allocation and now it was its responsibility to ensure it is supplied. The Delhi government went on to inform the High Court that it had only received 312 MT in the last supply cycle and added that "unless we put some fears on the suppliers, they would take the city on ransom. Let their swords hang on their heads & that's when they will perform their obligations", following which the court asked the Amicus Curiae to look into it.
After desperate pleas from senior advocate Mehra for directions to the Centre given that the Capital was reeling under the acute oxygen crisis for the 10th day now and submissions by the Amicus that the Centre should also arrange for tankers, the court came down on the Centre, holding it to its own word on paper allocation to the city.
Interestingly, Mehra also referenced Justice DY Chandrachud's remarks on Covid-19 in the SC on Friday, saying the Centre had certain Constitutional obligations.