SC Stays Delhi HC's Contempt Notice Against Centre On It's Failure Of Oxygen Supply To Delhi

The Supreme Court observed that Centre and state governments are doing their best amid the oxygen crisis and it is pointless to jail officials for contempt. The top court however directed the Centre to place before it by tomorrow morning a "comprehensive plan" to ensure that Delhi received its quota of 700 metric tonnes of oxygen.

Supreme Court

New Delhi: The Supreme Court of India on Wednesday put a stay on Delhi High Court's contempt notice against officials for failing to supply oxygen to Delhi.  The top court bench comprising Justices DY Chandrachud and MR Shah heard the plea by Centre against Delhi High Court order mulling contempt proceedings against the State and Central government officials as oxygen was not supplied in line with the directions of the Court.

The court observed that Centre and state governments are doing their best amid the oxygen crisis and it is pointless to jail officials for contempt. The top court however directed the Centre to place before it by tomorrow morning a "comprehensive plan" to ensure that Delhi received its quota of 700 metric tonnes of oxygen.

The Central government had approached Supreme Court against Delhi High Court's order asking officials monitoring oxygen procurement and supply to states, to be present during today’s hearing. 

Solicitor General (SG) Tushar Mehta, appearing for the Union Of India , told the court it is unfortunate that the Delhi High Court had initiated contempt proceeding when the Centre, its officers are doing their best in the issue. 

Justice Shah observed no one can dispute that some have died due to oxygen shortage and that it's a national emergency. Justice Chandrachud noted that putting officers in jail or hauling officers for contempt won't bring oxygen. The court asked the Centre to describe the steps taken to solve this. 

Giving a background on it, SG Tushar Mehta said, "We are in the process of procuring 700 MT for Delhi. Yesterday we reached 585 MT. Allotted was 590 MT. Officers of state are working overnight shoulder to shoulder with centre. 

He went on to inform the apex court that a pan-Indian solution is needed. "We need to have a module or mechanism to come to a formula which can be implemented in all states. We have a situation of the pandemic."

The centre argued that Delhi can manage with 500 tonnes of the gas, however Supreme Court disagreed to the claims saying that its own orders were for 700 tonnes and that the 550 tonnes that the city was getting now won't solve the problem.