Water Above Head, Arrange Everything Now: Delhi HC Pulls Up Centre On Oxygen Shortage

"Oxygen plants are essential. It is irresponsible not to have them," the Delhi High Court bench said to hospitals in the national capital.

Representative Photo

New Delhi: The Delhi High Court on Saturday questioned the Central government as to why four cryogenic tankers, which were meant for Covid-19 patients being treated in the national capital, are continued to be held up by the Rajasthan government and have not been released despite the court's earlier orders.

A bench of Justices Vipin Sanghi and Rekha Palli asked that necessary steps be taken to fulfil the assurance given by Solicitor General Tushar Mehta on April 26.

The bench is conducting a special hearing on a holiday. The Centre has been directed to place compliance with the court order on May 3.

Addressing the concerns of shortage in Oxygen supply, the Delhi High Court told the centre that hospitals in the national capital must be given its 490 MT oxygen supply today "by whatever means".

"Water has gone above the head. You have to arrange everything now. You have made the allocations. You have to fulfil it. Eight lives have been lost. We can't shut our eyes to it," the high court said taking note of 8 deaths in Batra Hospital.

Besides this, the Delhi High Court also stated that hospitals should learn from their experiences regarding oxygen scarcity during the prevailing Covid-19 pandemic and set up plants for generating the critical supply.

The bench of Justices Vipin Sanghi and Rekha Palli said that for commercial considerations, some hospitals reduce capital expenditures on elements like oxygen plants which are essential in a hospital.

"Oxygen plants are essential. It is irresponsible not to have them," the bench said.

"You (hospitals) should also learn from your experience and put up a plant," the court said while hearing several pleas, on a holiday, with regard to the oxygen crisis and other Covid-19 related issues that Delhi is grappling with.

Meanwhile, reiterating the concerns of Oxygen supply shortage, Delhi Chief Minister Arvind Kejriwal said that there is a major issue. "SOS is coming from all hospitals. We've spoken in courts and written to the Centre that Delhi requires 976 tons of oxygen daily but we've been allotted only 490 tons of oxygen. Yesterday we received only 312 tons. How will this work?" he was quoted as saying.

"I request the decision-makers with folded hands to provide oxygen to Delhi," the CM urged.

'Had Asked States In March To Ensure Covid-Appropriate Behaviour': Centre Tells Delhi HC

Besides Oxygen Supply, the matter of Covid norms violated during election rallies is also being heard in the High Court.

In the hearing on Saturday, the Central government told the Delhi High Court that it had in March asked all state governments and union territories (UTs) to ensure compliance with Coronavirus norms at all gatherings.

This statement by the Ministry of Home Affairs (MHA) has come in response to a plea that seeks to have campaigners and candidates debarred from campaigning in the assembly elections for repeatedly violating the mandatory Covid norms.

In the affidavit filed through central government standing counsel Anurag Ahluwalia, the MHA stated that it always made provisions in guidelines issued to states and UTs under the Disaster Management Act 2005 to facilitate Covid-19-appropriate behaviour and strict adherence to standard operating procedures (SOPs).

The ministry has also stated that it issued the 'Guidelines for Effective Control of Covid-19' on March 23 emphasizing that states and UTs "should strictly enforce test-track-treat protocol, Covid-19-appropriate behaviour and prescribed SOPs on various activities like opening of schools, hotels, eateries, shopping malls, gyms, etc."

"Further, states and UTs, based on their assessment of the situation may impose local restrictions at district/sub-district and cities/ward level," the ministry stated.

The petition by Vikram Singh, the former DGP of Uttar Pradesh, has contended that despite the orders and guidelines of the Centre and EC, "election campaigning is going on in full swing, without any regard to the Covid-19 regulations".

Through other applications, he is seeking that Election Commission be directed to take actions like imposing penalty and lodging FIRs against "star campaigners" and leaders of all political parties for violating Covid-19 norms during the assembly election in West Bengal.

Singh has claimed that there is "indirect discrimination" against the general public as fines are collected from them for violating Covid-19 norms, but no action is taken against politicians when they flout the norms.

(With Agency Inputs)