“Callous attitude of Central govt:” Uttarakhand High Court on Oxygen allocation after govt officer fails to appear for hearing in COVID case

The Uttarakhand High Court on Thursday came down upon the Central government after its representative failed to appear before the Court to answer queries on oxygen allocation to the State. .A Bench of Chief Justice RS Chauhan and Justice Alok Verma also took strong exception to the Central government's attitude towards State of Uttarakhand in allocation of Oxygen terming it “step motherly” treatment and “callous”..When the Court asked the Central government counsel on whether any officer is present before it as was requested by the Court during the earlier hearing, the Assistant Solicitor General Rakesh Thapliyal replied in the negative saying the officer was busy. “They can't be so busy as to not attend court,” the Court said..The Court was hearing cases concerning COVID-19 management in the State. .What irked the Court was that Oxygen produced in Uttarakhand was being given to other States without the meeting the requirements of the hill State.This was apparently forcing Uttarakhand to rely on other States to procure Oxygen to compensate for the shortfall..“Why is it that the government is not conceding to a reasonable request of the State? Instead of diverting our (Uttarakhand's) oxygen to Uttar Pradesh ... all we are saying, instead of asking us to import oxygen from Jamshedpur and Durgapur, which takes time ... costs, why can't we take from our own backyard?," the Bench asked..ASG Thaplayil responded that the Centre is trying to strike a balance between the oxygen requirements of various States. "There are other States without plants… To the extent of 60%, we permit Uttarakhand to collect oxyegn from their own resources … We are also looking at States with no resources", he said. .As the hearing progressed, the Court was irked by the absence of the officer to explain reasons for the same.“Ask the concerned representative of the Central government department to explain. I will not take this answer that I am too busy to attend the court,” the Bench said..The Court had aired concerns over the manner in which oxygen is being allocated to Uttarakhand in the last hearing as well. Today the Court was told that Uttarakhand is being allocated 183 MT of oxygen..[COVID-19] “What can be done if Centre is unmoved?” Uttarakhand High Court flags concern over supply of Oxygen, Tocilizumab.Upon being informed that the State had addressed letters to the Centre on such issues, which had been left unanswered, the Court said that the Central government appears to be showing a callous attitude towards the State of Uttarakhand. .Amit Negi, the Secretary to the Department of Health and Family Welfare informed that the Central government is yet to respond to the communications made on certain issues..“I fail to see why someone in the Central government fails to see the logic. I am surprised to hear that someone has said that he is too busy to appear. If he wants, I will issue summons ... This shows the callous attitude of the central government. What is the chairman sitting for? .... Kulbe, he must be from Uttarakhand. I am surprised he is sitting over the interests of his own State,” the Chief Justice said..The Chief Justice went on to caution that he could also issue summons if it is needed to ensure the presence of the Central government officer. ."I am surprised at the callous attitude of the central government. Every request that the State of Uttarakhand is making is falling on deaf ears," the Court remarked. .In its order, the Court noted that the Central Government is maintaining a studied silence on various issues raised by the State regarding oxygen allocation. ."In a quasi-federal country like ours, it is the constitutional duty of the Central Government to rush to the rescue of the State Government. Therefore, the least that is expected from the Central Government is to respond to the repeated letters being sent by the State Government. However, so far, the Central Government is yet to pay any heed to the request being made by the State Government", the Court added. .The Bench has now directed the Centre to seriously consider the requests made by the State, including the permission sought to lift the limitations restraining the State from meeting its oxygen quota out of domestically produced supply. The Centra has been directed to take a decision on these issues within a week from the date of receipt of a certified copy of the order..The matter will be heard next on June 9. .[Read the Order]