A bench of Justices D Y Chandrachud and M R Shah also called upon the Centre to ensure that Delhi continues to get 700 Metric Tonnes of Liquid Medical Oxygen (LMO) and reiterated the need to have a relook at the current formula for supplying oxygen, which is based on the number of ICU and non-ICU beds.
“We know people die, and we understand everybody who dies are not dying due to lack of oxygen. But can it be denied that oxygen is not a critical component,” the court bench said while hearing a plea by the Centre against the contempt notice issued to its officers by the Delhi High Court in the matter of LMO supply to Delhi.
Solicitor General Tushar Mehta, appearing for the Centre, submitted that supplies had to be diverted from other states to meet Delhi’s demands.
“We may enter stage three [third wave] and if we prepare today we may be able to handle it. Whatever stocks procured needs to be sent to hospitals. It’s not about allocating it to the state but also the logistics to see that it is distributed to hospitals,” Justice Chandrachud said.
He said the third wave of the pandemic, which according to experts “is around the corner”, would affect children. “So when a child goes to hospital, a mother and father will go, too,” Justice Chandrachud said. “That is why vaccination will have to be over for this group of people. We need to plan for this in a scientific way and make arrangements.”
The hearing also saw the Delhi government and the Centre spar over oxygen supplies to the national capital, with the Cente saying that an expert group comprising Niti Aayog member V K Paula and AIIMS director Dr Randeep Guleraia, among others, had said that the demand for 700 MT was unrealistic and pressed its demand for an oxygen audit to have a realistic assessment of the needs of various states.
Solicitor General Mehta said the audit committee will look at the actual demand for oxygen, how it is being distributed from suppliers, and problems faced by Delhi in accessing the supply.
The court, which had on Wednesday said that it was ready to consider the need for an oxygen audit, on Thursday said that it does not want to make the issue Delhi-centric. “We are looking at it from everyone’s point of view,” the bench said.
Appearing for Delhi government, advocate Rahul Mehra said he was not treating the issue as adversarial. Referring to oxygen received by Delhi, he said that on Wednesday, it had received 730 MT, and this was the first time it was receiving the full quota.
He took exception to Mehta’s statement that supplies to other states will be affected if all 700 MT is given to Delhi and said that the Centre is trying to wriggle out of its obligation.
Mehra said all its officers report to the Centre and have to respond to the Delhi L-G. “So the Centre knows on a real-time basis what is happening in Delhi. We are even struggling for cylinders and this mathematical calculation can wait compared to misery of patients,”
Oh oxygen audit, he said, “All our doctors and officers are trying to help in the crisis. If even one such person is made a part of the committee, it will be injustice to the life of a person.”
Accusing the Centre of “non-appliation of mind”, he said many states had got more than what they asked for, and contended that the Centre should have taken over the tankers for equitable supply of oxygen. “People of Delhi are dying and the Centre should not be allowed to dilute the solemn assurance of 700 MT”, he told the bench.
S-G Mehta said the Delhi government had made it a Centre versus state issue even while saying it is not adversarial. He repeated the demand for an audit and said there is a “systemic failure”, which was contributing to the oxygen shortage in the national capital. Countering Mehra, he said the Centre had been given mandate twice and knew its responsibilities and did not need counsel from the NCT counsel about what the people are going through.
The court, he said, can consider having a large body which will look at state-wise allocation of oxygen. The committee can form a smaller committee comprising one officer each from state and the Centre and two doctors for auditing each state government.
The bench said that its order will not be a witchhunt of any side. Just like the court didn’t allow recriminations against the Centre, it won’t allow the same for Delhi government, the bench said. It added, “You may have ideological differences but that is of no concern for us”.
The court also called upon the Centre and states to make use of the 1.5 lakh doctors who have finished medical course and are waiting for NEET exam. It said giving grace marks would be a good incentive to prepare for the third wave of Covid-19. “The current crop of doctors are completely fatigued and is at the end of their tether. You can call them corona warriors, etc, but they are humans,” Justice Chandachud said.
Family members of COVID-19 patients wait to fill their empty cylinders with medical oxygen outside an oxygen filling centre, at Bhogal, in New Delhi. (Express Photo By Amit Mehra)
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