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The Delhi High Court, in its hearing over a public interest litigation seeking the court to monitor the management of the COVID-19 crisis in Delhi, on Monday, 26 April, instructed the Centre and Delhi government that it is both their jobs to manage the acute shortage of medical oxygen in the national capital.
A division bench of Justices Vipin Sanghi and Rekha Palli heard the matter.
INOX, which supplies oxygen to most Delhi hospitals, said that “Delhi allocation is going down and UP and Rajasthan are going up [sic]. All transport tanks are going there. I don't have excess supply chain.”
The chief of the company, Siddharth Jain, added that from 105 metric tonnes, its allocation to Delhi has further been reduced to 80 metric tonnes.
"The central government asked us to supply 80 MT and GNCTD is asking us to supply 125 MT."
Further, the Delhi High Court on Monday told Solicitor General Tushar Mehta, "You don't seem to be taking into account the established supply chains. They were supplying to Delhi... Why should their tankers be held up in spite of your order?"
Mehta, in return, told the Delhi government counsel that "You intimate us. Criminal complaint can be registered. The Home Minister has issued an order that says treat oxygen tankers like ambulances."
To this, the court replied, "We fail to understand. We asked you to consider reworking allocation. All that was not done. 21 lives have been lost."
However, Mehta argued that it was "not because of non-supply by me" and "it is not my job."
The HC said, "It is both your jobs. You can't say it's not my job."
While appealing to other states to not restrict the supply of oxygen to Delhi, the Delhi High Court categorically stated that such intervention in the supply of oxygen would amount to endangering hundreds of human lives.
The court also directed the Centre to take steps to prioritise the clearance of customs for the import of RT-PCR testing kits from abroad.
When the court called for a report on the number of imports which are held up, SG Tushar Mehta objected to the same. He said:
In light of this submission, the court asked the central government to submit the said information in a sealed cover.
Earlier during the hearing, Senior Advocate Sachin Dutta appearing for Jaipur Golden Hospital claimed that the oxygen supply chain was being disrupted by the Delhi government.
Siddharth Jain, Director, Inox, also brought to the court's notice the difficulties being faced by suppliers. He said:
Considering the issues being faced by stakeholders, the court ultimately directed that the Chief Secretary, Delhi, hold a meeting with hospitals, suppliers, re-fillers in order to work out the modalities on the supply of oxygen.
“We fail to understand. We asked you to consider re-working allocation...all that was not done. 21 lives have been lost,” the court said.
In view of the instances of black marketing of oxygen cylinders, the court directed that all re-fillers in the city be present before it on Tuesday.
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