[COVID-19] Beg, borrow to provide Oxygen to hospitals; we cannot see people dying because of Oxygen shortage: Delhi High Court to Central govt

In view of the dire situation faced by hospitals in Delhi on account of shortage of Oxygen for COVID-19 patients, the Delhi High Court exhorted the Central government to explore all available means to manage the crisis and avoid catastrophe. .At a special sitting held late evening at 9.20 pm on Wednesday, a Bench of Justice Vipin Sanghi and Rekha said that the Central government should explore all possible alternatives to ensure that all hospitals in the national capital get Oxygen. ."We want you to undertake maximum procurement from all sources. Beg, borrow, steal, whatever, you have to provide (Oxygen). You have plenary sovereign power. No industry will say no to you. You must take over," the Court said. .The Court was hearing an urgent plea filed by Max Hospitals in Delhi seeking urgent replenishment of Oxygen supply so that lives of over 1,400 COVID patients who are admitted to the hospital are not endangered. .When the matter was initially heard at 8 PM, the Court had ordered Centre to ensure that Oxygen supplies reach the hospital without delay. .The matter was then posted for further consideration at 9.20 PM..When the Bench re-assmebled at 9.20 PM, Solcitor General Tushar Mehta, representing the Central government told the Court that Oxygen supply is on the way and will reach the hospitals soon. "If the emergency has subsided, I can take instructions and address the Court tomorrow," Mehta said. The Court, however, did not relent stating that there are other hospitals besides the petitioners which are also in need of Oxygen. ."We are saying that you are not exploring other alternatives. You may have only found out from industries if they can provide excess oxygen they produce. You have to procure every metric tonne that is required for patients. It is your responsibility, you have to go a step further," the Court said. .Additional Secretary Sumita Dawra, in charge of oxygen supply, told the Court that while the country's production capacity, both industrial and medical is around 7,200 Metric Tonnes (MT) a day, the requirement is over 8,000 MT due to the COVID situation. "Stock from steel plants being added for medical use. When cases have increased rapidly, there were conflicting demands for oxygen. We have been doing intensive meetings with states, based on which we have done mapping for oxygen need. There are more cases in some states, where oxygen is not produced. So there are logistical issues," Dawra said. .The Court emphasised said that no person should die because of shortage of Oxygen. "We cannot see people dying because oxygen is not there....Our concern is that nothing should happen in the night. In the meantime, if there are any casualties, you will have to take responsibility," the Bench remarked..Solicitor General Tushar Mehta told the Court that allotted quantity of Oxygen for Delhi has been increased to 480 MT.He proceeded to share a Tweet of Delhi Chief Minister Arvind Kejriwal in this regard. "Allotted quantity has been increased from 370 MT to 480 MT. It is for Delhi government to internally distribute oxygen. Transportation has to be facilitated by state government," Mehta said. .Delhi government counsel, Rahul Mehra requested paramilitary assistance for transportation. "Centre can facilitate corridor with paramilitary forces for transport of oxygen," Mehra said. .The Bench then proceeded to record the submissions made by the Central government including the aspect on increase in allocation of Oxygen to Delhi. ."Centre has assured that there will be unobstructed supply of oxygen to Delhi. We hope that the requirements of hospitals and oxygen supply will continue to COVID patients and others until we take up the matter tomorrow," the order said. The matter will be heard at 3 pm on Thursday.