Why MP got more O2 than demanded, not Delhi: HC asks Centre
New Delhi: Questioning as to why Delhi has been allocated low oxygen supply compared to other states who have got more than the amount they require, the Delhi High court on Thursday rejected the Centre's submission that the supply to the Capital is "sufficient" and has called for an affidavit in this regard within a day.
This observation was made after a division bench of Justices Vipin Sanghi and Rekha Palli, hearing a batch of petitions regarding the management of the Covid-19 situation in the Capital, was informed by the Delhi government that other states, including Madhya Pradesh, have been receiving more oxygen than what they require at present.
Meanwhile, even the Amicus Curiae appointed in the matter, senior advocate Rajshekhar Rao, told the bench: "There is limited resource... Central government is doing what it can, however, there are two problems... GNCTD needs about 1,000 metric tonnes (MTs). The short question right now is that Madhya Pradesh is getting more oxygen".
Senior advocate Rahul Mehra, appearing for the Delhi government, submitted before the court that the bench's order which directed the Centre to look into the allocation of oxygen to Delhi hasn't been complied with. "They are trying to stop the allocation of oxygen. The Central government has miserably failed the state and the government... with a heavy heart I say, some heavy orders must be placed against the Central government. No single statement has come from the Central government as to how oxygen would be delivered".
Mehra further argued: "...please not allow them to shift the goal post. I never shirk from my responsibility. What has the Central government done in the last eight days? Are they so sacrosanct that people are losing their lives? There is complete apathy by the Central government for GNCTD...enough is enough now, the Central government is being very unfair. We can no longer be mute spectators".
The counsel informed the bench that the Delhi government will be increasing its available beds to 15,000 in order to cater to the rising Covid cases, by mid-May. "...the number of existing ICU beds in Delhi are 4,866. By May 5, GNCTD will add another 500 beds and by May 10, we will add another 700. By May 10, we will add another 700. By May 10, we will have a total of 1,200 beds," Mehra submitted.
He told the bench that with 1,500 beds and 1,200 additional oxygen beds, the Delhi government should get 1,066 MTs of oxygen supply. "We have to increase the bed capacity. If my allocation remains at 490 MT, how would we look into this? We have waited for 7 to 8 days now…nothing is happening. In the larger public interest, I request your lordship to pass an order. Oxygen is a life-saving drug and it is something that can save us," he argued.
Solicitor General Tushar Mehta, on behalf of the Centre, while telling the court that the oxygen supply to Delhi is sufficient, argued: "We are all passing from a very hard time. Such remarks that create panic should be avoided... supply of oxygen we have augmented from whichever source possible and it is sufficient to cater to the needs for today. I don't want to create a situation of panic."
On this, Justice Rekha Palli asked Mehta, "...you will also have to answer for the diversion of oxygen to Madhya Pradesh…"
"We are having a pan India view. As a matter of fact, it has been put to you that demand for a particular state was X and you gave them X+Y when Delhi needed more. Why did you not give the same to Delhi," Justice Sanghi said. On this, Mehta responded that Madhya Pradesh was experiencing a surge in cases and that is why the said amount of oxygen was being provided there. "We are not helping AAP, but we are helping the citizens of Delhi. We are supplying and fire fighting always for Delhi…," Mehta submitted. The bench was informed that Madhya Pradesh received 543 MTs against a demand of 445 MTs while states like Maharashtra and Karnataka too received more oxygen than required. At one point, on being questioned as to why this was the situation, SG Mehta said: "It would although be at the cost of other's lives, but let's allocate the oxygen of MP to Delhi". "Please do not project it like that...we don't appreciate it. Let us take into consideration the facts and figures," the court shot back.
