SC Dismisses Centre’s Plea Challenging Karnataka HC Order On Supplying 1200 MT Of Medical Oxygen To State

An apex court bench of Justices D Y Chandrachud and M R Shah refused to accept the Centre’s contention that it would make the supply network of the country unworkable if every High Court starts passing orders for allocating oxygen and said the Karnataka High Court May 5 order is a well calibrated, deliberated and judicious exercise of power after taking into account the number of Covid-19 positive cases.

File Photo

New Delhi: Refusing to interfere with the Karnataka High Court order asking the Centre to increase the daily oxygen allocation for the state from 965 MT to 1200 MT for treating Covid-19 patients, the Supreme Court on Friday said it will not leave the citizens of Karnataka in a lurch.

An apex court bench of Justices D Y Chandrachud and M R Shah refused to accept the Centre’s contention that it would make the supply network of the country unworkable if every High Court starts passing orders for allocating oxygen and said the Karnataka High Court May 5 order is a well-calibrated, deliberated and judicious exercise of power after taking into account the number of Covid-19 positive cases.

“We will not interfere with it,” the apex court bench told Solicitor General Tushar Mehta, appearing for the Centre.

READ: This 24-Hour Oxygen Helpline Is Proving To Be A Savior For Covid Patients In Delhi-NCR

The apex court said the order does not preclude the Centre from considering the representation of the state government and work out a mutual resolution mechanism of supplying 1200 MT of liquid medical oxygen (LMO), PTI reported.

The Solicitor General on his part said every state needs oxygen but his concern is that if all the High Courts start directing LMO allocation of the said amount then it will be a big problem.

The apex court said it was looking at the wider issue and will not keep the citizens of Karnataka in a lurch.

Stating the High Court had not passed the order without considering the facts and circumstances, the apex court said it is based on the Covid-19 cases projection by the state government itself of a minimum of 1165 MT of LMO.

The Supreme Court said the High Court has furnished adequate reasons for passing the ad-interim order having regard to the fact that projection of demand made by the state was a minimum of 1165 MT of LMO, adding the High Court’s direction is only ad-interim and does not preclude a mutual resolution mechanism between the Centre and the state.

READ: Sonia Gandhi Calls For All-Party Meet On Covid Crisis, Says,' System Hasn't Failed, Modi Govt Has'

The apex court bench further said the High Court has considered the death of people in Chamarajanagar and Kalburgi among other places due to shortage of oxygen, adding the judges are also human beings and they are also seeing the suffering faced by the people. The High Courts will not simply shut their eyes, the apex court added.

The Centre had in its appeal filed earlier on Thursday said the Karnataka High Court has passed the order based on purported shortage of oxygen in Bangalore, adding it will have a cascading effect and result in total collapse of the system of the supply network of LMO.