"Augmentation of oxygen supply is going on at a war footing" Solicitor General tells Delhi High Court in COVID-19 hearing [LIVE UPDATES]

Over the last few days the Court was approached by many hospitals who were running short on Oxygen supply. The Court came to the rescue of many such hospitals in need while questioning the State's preparedness on various issues..The Delhi High Court is hearing a petition concerning the COVID-19 situation in the national capital region..Solicitor General Tushar Mehta: It is wider and safer to rely on wisdom of State governments in this matter. State is in the best position..Counsel mentions an application concerning COVID-19 testing..Solicitor General Mehta asks counsel for share a copy of the plea with him and Rahul Mehra and the same would be looked into..Solicitor General Mehta says there are various administrative issues also that are taken care of by the State Government..Court suggests SG Mehta to call for status reports from various quarters..Court says it has already passed directions to Customs for priority clearance of imports related to COVID testing..Court also observes that testing labs have constraints such as staff shortage, strict times..Position is this that the fire fighting on an hourly basis by virtual control room is required to be done on daily basis. It is not the end.. the dusty should work itself. Nature of problem is such that dynamics might change: SG Mehta.Even for the highest executive, to know whether it is working or not, data is important: Court.State has very positively responded to Centre suggestions. We are in the process of ironing out.. difficulties of Delhi citizens: SG Mehta.I read news reports. State govt has done exemplary things. I've chosen not to file an affidavit. Just placing orders. Affidavits may give an impression of adversarial litigation: Solicitor General Tushar Mehta.Empty tankers have also been airlifted, deployed special trains : SG Mehta.SG Mehta adds that augmentation of oxygen supply for medical use is going on on war footing..480MT alloted quantity to Delhi.. even if we supply 340 MT, situation would become better ..even contemplating increasing over 480 MT: SG Mehta.Substantially something is done : SG Mehta as he reads a communication from Centre..Delhi government has hardly been able to arrange any tankers.. they are requested to take action in this regard: SG Mehta reads as he clarifies that it is not adversarial..Alternative arrangements for left out hospitals not done by Delhi government : SG Mehta reads.State government should consider creation of an effective war room.. : SG Mehta reads. .There is now a system.. a war room. It needs to be continued and made functional .. it is a very welcome step: SG Mehta.Delhi government has decided to depute on official with each hospital.. the supply chain would be smoother : SG Mehta.They have taken this letter very positively : SG Mehta.SG Mehta shares letter from Health Ministry to all State governments..Rational use of oxygen is the burning need of the day : SG Mehta Kerala, Tamil Nadu was successfully implemented : SG Mehta.GOI is not going by AAP government or left government.. we are for the citizens.. Kerala, Tamil Nadu have done an excellent job : SG Mehta.All States are directed that wherever we have allocated oxygen, no other State would come in the way : SG Mehta refers to a letter.We procure at a national level. In consultation with States, we allocate.. : SG Mehta.SG reads another letter on targeted and prompt action..SG Mehta shares allocation plan of various States. .Sometimes Maharashtra records highest. Today Bangalore has spiked. We have to redistribute in a way that they are taken care of. This is a need based exercise: SG Mehta.SG Mehta refers to more central government communications..We directed State government to undertake audit on daily basis and undertake training : SG Mehta reads a letter on rational use of oxygen without taking away the discretion of doctors..Sometimes a patient requires 3 hours.. and is given 5 hours. It is a matter of informing them that there is a scarcity. One has to be given what is needed so that there is no wastage: SG Mehta.I'm not taking away the discretion of doctors.. : SG Mehta.The Delhi CM wrote this letter to an industrialist (Sajjan Jindal). .Procurement has to be done at national level else there will be complete chaos. State government can procure tankers but not oxygen tankers : SG Mehta.So this request can be considered to be request for tankers and not oxygen filled tankers : Court .Yes, this letter is for tankers... : Senior Advocate Rahul Mehra for Delhi government, clarifies that request for oxygen was if they have any spare oxygen after centre allocation.Even spare has to come to Central Government : SG Mehta.You were given free hand to ask for tankers. This communication to Mr Jindal can be treated as request for tankers. If there is any source that centre has not tapped, you can tell. They may take that into consideration while allocating : Court.We are only talking about supply and movement of tankers: Mehra.If any supplier has 800MT extra oxygen, that must also come to the Central government : SG Mehta.If States start procuring in own way, there will be no extra. Whatever you have, has to be surrendered in national interest: SG Mehta.I would urge that if they have extra capacity, the court may direct Centre to take that also : SG Mehta.If there is excess with Centre and we find out oxygen is lying in some plant, we will ask Centre to hand it over to Delhi : Mehra.None of us should dramatise by ending every sentence with human lives : SG Mehta Centre has moved heaven and earth. .Without your personal intervention, this would not have been possible: Mehra.Long and short is that this request is for tankers.. and so far as oxygen is concerned, we will say Centre will look into it and procure it and distribute it equitably : Court.Centre can make an appeal to all industrialists who may be willing to come forward: Court .Centre has issued direction that whoever has oxygen, each drop will come to it for medical use. Jindal cannot have any additional capacity: SG Mehta.SG Mehta points out a communication sent by Delhi government to suppliers. .In the letter, Delhi government asks suppliers to show cause why action should not be taken against them for not following High Court order..Senior Advocate Sachin Dutta for Jaipur Golden Hospital: I got 3.6MT. I was supposed to get at 5 pm. I didn't. I'm normally in touch with my supplier. Supply chain is disrupted by Delhi government..Enormous SOS calls were made. They arranged something from AIIMS but it was (some minutes) late. There is shortage and uncertainty. Delhi goverment doesn't understand the Supply chain : Dutta.Yesterday the Minister said hospitals are unnecessary SOS.. how long after patient dies should hospitals issue SOS: Dutta.Inox has tie up with hospitals: Court Inox was our supplier: Dutta Today this is not a normal situation : Court.Supply is not hospital wise but entire Delhi. So whatever supply is coming from Inox should then go to these 27-28 hospitals and not all 140: Court.Let me deal with my supplier. let them not come in the way: Dutta.Mr Dutta endeavour since yesterday has been to malign and politicise: Rahul Mehra.Inox should directly send me the dispatch note. The bureaucratic machinery of Delhi govt has completely failed: Dutta.Whatever is killing me equally is the uncertainty: Dutta.I don't wish to score any point. Hold a virtual meeting. How to put a system in place. They will exchange ideas, suggestions. You work out a scheme : SG Mehta.As suggested by Home Secretary, best solution that I'm giving is that the Delhi govt should have a joint meeting of hospitals and suppliers: SG Mehta.If postions remains as it is, we have enough for hospitals in Delhi : SG Mehta.Hospitals without this infrastructure.. bigger hospitals have buffer stock. Right now we have enough if distributed properly: SG Mehta.SG Mehta raises the issue of storage of oxygen in hospitals which do not have capacity to do so. .Advocate Alok Aggarwal for Maharaja Agrasen: Problem is we are not aware of how much we will get and when. It would reduce the anxiety of hospitals. We can report to nodal officers..We can have only those patients that we can cater to. My people arrange a tanker. We sent messages saying we can assist.. you allot to us what we want: Aggarwal .Aggarwal says there should be one person who would be responsible for facilitating transport of tanker for oxygen..We can try and help to the best extent. It shouldn't be that we are offering help but they are not : Aggarwal .Aggarwal says that tanker has now been taken over by another State..If communication were sent, share it before us. If State government ignored your offer, that is something which is very serious : Court I sent messages to Mr Vidhuri.. : Aggarwal Send it to us : Court.Please accept the help that businessmen are willing to give you. We will only use the allocated quantity: Aggarwal.There is a suggestion. I know people are arranging and offering tankers in other States. Let Mr Mehra consider designating an officer for this purpose: SG Mehta.Ms Rasika Chaubey from Central Government: No state government needs to go scouting for oxygen. We maintain data on real time basis..We maintain data in a very granular way: Chaubey. We are on tankers not oxygen: Court.Senior Advocate Viraj Datar for Shanti Mukand : I have 96 patients on oxygen support. I'm having to turn away patients. I've sent WhatsApp, calls. My buffer stock will also run out.From a supplier we have become transporter. Why should I be asked to transfer from Air Liquide : Senior Advocate Rajiv Nayar for Inox.For a third party, State should supply : Nayar.Out of 45 serviced by Inox, first Delhi government says you supply 17 then made it 24. Supply 125 tons. As per Center, it is 85. What do we do : Siddharth Jain from Inox.We've asked for directions on supply to left out hospitals. We are getting SoS calls from hospitals. Please appreciate the supplier's stand as well.. State government should either tell suppliers to send or arrange.. we can't sleep. We need some directions: Jain.My factories are working 24x7. When my truck leaves, it is working like a milkman. Our trucks are diverted midway : Jain.Why would I not want to give oxygen. It is my business. Nobody has complained except for Delhi hospitals. I wonder why : Jain.SG Mehta says Chief Secretary should join..Chief secretary couldn't join last time. Today he is at PMO: Mehra.I can ask him. Mr Mehta can put in a word that he be relieved (from PMO): Mehra.I had a conversation with him. If there is a direction of the court, he will be here : Mehra.This allocation from suppliers.. : Court We have attempted to all address all concerns.. issued on 24-25th: Mehra.PMO meeting is over : SG Mehta.Let him come : Court.Mehra reads the order. Order is on allocation to hospitals..Because of crisis and SOS calls , a lot of swapping is happening.. Inox has entire chain in place.. since 50% capacity (of Inox) is gone to others, everybody is looking for tankers: Mehra.Allocation is based on 490 MT. But actual supply is based on actual delivery: Mehra.Suppliers may pick up oxygen from any other manufacturers as per the allocated amount : Mehra.Inox is the best placed oxygen supplier. On humanitarian basis or GOI order basis, if Inox can, they should pick up oxygen : Mehra.You have your chain of tankers. This additional duty of transferring from Air Liquide, you are in the position to? Is it doable by you? Then we would request you to do it : Court to Inox.Please co-operate if you can supply from other plants : Court.We are more than willing to take on this national service. Yesterday we located our tankers at Bhiwadi. Tankers were taken by Government of Rajasthan and I'm unable to provide the service : Jain.Delhi allocation is going down and UP and Rajasthan are going up. All transport tanks are going there. I don't have excess supply chain: Jain.I'm willing to provide .. but I'm requesting for help : Jain.I'll pick up from Panipat but I need clear directions on whom to supply in Delhi : Jain.Request Delhi government to ask other suppliers also to step up : Jain.You don't seem to be taking into account the established supply chains . They were supplying to Delhi. You've made it 85MT. Why should their tankers be held up in spite of your order : Court to SG Mehta.You intimate us. Criminal complaint can be registered. HM says treat oxygen tankers like ambulances: SG Mehta to Jain.We fail to understand. We asked you to consider reworking allocation.. all that was not done. 21 lives have been lost: Court Not because of non supply by me : SG Mehta But not reaching Delhi: Court It is not my job : SG Mehta It is both your jobs : Court.I don't wish to make it adversarial. Please put your system in place : SG Mehta Same can be said about you.. : Court.Once you make allocation, they should be workable: Court I'm not an expert. I don't have details of all national problems: SG Mehta.Ms Sumita Dabra from Central Government: 140 at Panipat is now 170 Let's talk of Inox .. Delhi doesn't have tankers. .You are giving allocation which doesn't have tankers: Court.Air Liquide Panipat is 170MT. Several companies are picking up.. sending tankers to pick up oxygen. Inox has come to bring to Delhi: Dabra.We are looking at Delhi stocks and supply. Stocks with hospitals were 400 and above. They get depleted and replenishment comes from supplies.. some suppliers, re-fillers have not been able to get data: Dabra.All this is.. it's all jumbled kind of reply: Court.We are not suggesting you only supply to Delhi. But look at the problems. Knowing Delhi doesn't have tankers and Inox was the main supplier: Court.It's not just Inox that supplies to Delhi : Dabra.I don't think it is correct exercise of 226 : SG Mehta.Piyush Goyal from Central Government: Delhi government officials said they did not get any distress calls. What went wrong is that on Thursday and Friday, there were directions by Delhi government officers to Inox.They forgot to consult the suppliers. The remaining 28 hospitals including Jaipur Golden, there was no tie up .. I could not sleep at all that night. There was no proper system is place. Next day we spoke to Chief Secretary and it was set right : Goyal.Delhi government officials have worked hard in the last two days. We got four new tankers from Linde and we reached out and arranged for Emergency supplies. Today also a lot of supply is coming : Goyal.Tanker for Roorkee was also arranged. Yesterday a system with GPS tagging was also rolled out, says Goyal.When they go back to fill up, we keep getting real time location. Physically also, staff is placed on borders to check location. Delhi government officials are working : Goyal.We expect Centre to use their power. Tanks should not have been obstructed: CourtConsequences will follow. If any supplier faces this difficulty, please leave on email to central government: SG Mehta.Court says there should be one officer for this purpose. Please put it on website: Court We'll give it to suppliers: SG Mehta.Another counsel says a group of hospital who relies on oxygen cylinders was not supplied oxygen..Supplier totally refused: Counsel We have information that they are being sold in black market: Court.We are also apprehensive : Mehra.Mehra takes the court through Delhi government order..We have distributed pro rata wise allocation: Mehra.Allocation is greater than current demand if 490 comes in.. : Mehra.Every hospital can function if they know what they have for the next three days: Mehra.Mehra reads order on reporting of supply of oxygen..It is fallacious to say that Delhi government has woken in the last two days : Mehra.I've been personally doing this last night (sending SoS calls on Twitter to the Delhi government official): Mehra.No sane person would like to act against people who are lifeline of city. All we are asking is how much are you providing, to whom, what time, who is the driver: Mehra.Basic info is definitely called for. That should come. When are so pressed, if you increase paper work every two hours.. twice a day should suffice: Court .We are receiving so many SoS calls: Mehra.Let it be twice a day.. you are not receiving as many SoS calls for whatever reasons,.. supply is less or occupied beds are less : Court.Mehra says there is one more order. Order is to all suppliers, asking them to give day wise projections..Order is for the time being till the allocated amount actually reaches Delhi..Our officers are only on fire fighting situation: Mehra.Driver will drive or keep answering the calls: Court on direction to give driver's number .Driver has an assistant. We'll bring that change: Mehra.We are yet to reach the optimum of 490. We can only come to the allocation of 300.. suppliers should say they can send additional the next day. They have committed timelines: Mehra.We are only here as a facilitator: Mehra.Root of the issue is supply is 309 and demand is greater. Fact is there is short supply. What we need on fourr hour basis from Delhi govt is how much of 490 will come in : Jain.Court says Delhi government doesn't know..It should not be that one hospital gets larger supply and another gets nothing : Court.Per day requirement is worked out. 490 has not come in. We don't know when it would. You going to supply what is allocated.. you should be in a position to say.. instead of 250, I'll do 200 or 260. It shouldn't be that this is violated : Court.We don't have to increase your paperwork. 2 hour update can be reduced but intimation has to come (for transparency).. supply shouldn't be at the cost of another hospital: Court.We are happy to sit with Delhi govt : Jain.Let us allocate hospitals to each supplier : Jain.I will give uninterrupted supply if given clear directions: Jain.We have lots of people who are down with COVID. We are short staffed. If we could get manpower : Jain says Delhi govt should depute one official at the site..Chief Secretary, Delhi government joins. I request court to put questions and not Mr Mehta. When the Court calls, an All India level officer should come : SG Mehta.Need of the hour is.. how is it being managed and distributed. Some orders have been issued. Everything that appears logical may not be practical. You can have a meeting .. : Court.Have a meeting today itself if possible. Work out a way.. best people who know how to work a system is people who have been working the system: Court.The bottom-line is that all officers and most people in Pvt sectors are trying to help .. people are doing it as humanitarian services.. make it reasonable: Court.Kindly have that meeting today itself.. work out how you want to.. today a lot of hospitals are not taking admissions: Court.Where do the patients go. People will die at home. Due to lack of certainty, hospitals are on the tenterhooks: Court.People take him (Inox) with our suppliers (and have a meeting) : Court .CS Delhi : we have been having meetings. But we'll have a comprehensive meeting..They have existing contracts...it would be better if suppliers are allowed to supply to hospitals they have been. Of course allocation would vary : Court.He is one of the finest officers. He is the most pro active person : Mehra.We are doing what we ought to do. As a goverment, I don't need to highlight it over and over again: Mehra.Mehra thanks SG Mehta for making certain calls. .As a State, I need to thank him.. both govts have worked overtime: Mehra.We have taken initiatives for augmentation of tankers. Proposal has come in writing from a maker. 18 tankers.. proposal has been placed. They will come in 3 batches.. if Indian Air Force can facilitate: Mehra .We don't have to pass an order. Make a request at Government level: Court.Mehra asks for green Corridor once tankers reach from outside India. SG Mehta says that order is already there..Tankers are coming through road from JSPL. That will also help us. All out efforts are being made by Centre: Mehra.Mehra says custom clearance, duty waivers can be provided. .It is done for all States. We are fighting it as a nation : SG Mehta.With respect to availability of tanker through Maharaja Agrasen, Court asks CS to take a call. Counsel raises issue of distribution of cylinder. Court observes that it was informed that one oxygen cylinder was for one lakh..Oxygen cylinder is your baby.. you have power under the Act. If someone is indulging in black market, that person has to be taken to task : Court.Centre has gone out of the way.. any State or UT wanting to import, we said reach out to us : Goyal.It has to be done departmently.. we don't want to get into it : Court.We have made provisions for running of trains : Goyal.JSPL is coming by train. It has been allocated as a special case : Goyal.We are not a post box that you put in your request here.. : Court on Mehra's queries with respect to tank imports..Court begins recording the order..RT PCR testing: We have already directed centre to take steps to prioritise clearance of customs.. :Court Advocate Rakesh Malhotra says there are shortage of kits. What can we do. Labs have to see. Please interrupt if absolutely necessary: Court...and all that is required to set up steps. Mr Sharma brought to our notice the direction to custom officers. SG states that Center would call for report. Let report be called for as to how many such import are pending and how many are held up. Let it be placed.: Court.SG Mehta says let this order be not passed. We should at least know what the numbers are : Court I've nothing to hide.. monitoring something that is being looked into.. is not required..PM himself is ..it is not necessary for the court : SG Mehta.Then it becomes an open forum. Everybody starts discussing.. : SG Mehta Sensitisation doesn't translate...once you call for figures, it facilitates: Court We have an issue in it becoming part of court record. The court may see : SG Mehta Okay, you give in sealed cover: Court.Oxygen supply: Court records submissions and communications between authorities/persons..Court records the Delhi communication sent to Sajjan Jindal. Delhi government also has certain apprehensions: Mehra We are trying to help you : Court.Court records SG Mehta's submissions on the letter and that distribution of oxygen is with the Central government only..Mr Mehra states that communication was in context of Supply of cryogenic tankers, Court records .We permit GNCTD to pursue the communication and procure the tankers. Oxygen supply has to be on Center's direction: Court.Court records Maharaja Agrasen's submission on request to GNCTD on procurement of one tanker not being responded to. Let Mr Aggrawal, hospital interact with the CS, Delhi : Court.It's not as if their supplies were stopped: Mehra We are not attributing motives. Fact remains that there has been a lapse. It can be rectified: Court.Mehra urges Court to record submissions on utilization of excess oxygen. .You bring excess capacity to their notice : Court .Central government knows about each industry: SG Mehta .We don't have to note anything : Court.Court records submissions on point of supply by Inox..Court records submission on tankers being held up by Rajasthan. SG Mehta assures strict action would be action: Court Immediately it was brought to our notice.. and it was immediately released : SG Mehta Some responsibility has to be fixed: Court.Goyal makes submissions in this regard. Rajasthan has its own concerns.. we have been following up. We don't know if it has been released: Goyal.We hope and expect Rajasthan to honour the order passed by Centre and this court. Intervention in the matter of supply of oxygen would tantamount to endangering 100s of human lives. Serves no purpose to anyone to obstruct : Court.Since Centre is mindful of the needs, States should inform the Centre: Court.Mr Mehta you have to ensure that tankers at released.. at political leadership level, this has to be sorted : Court.Court records submissions on supply, distribution of oxygen..Compliance require.d to be made by suppliers are every two hours, court records..Court records submissions on holding a meeting with stakeholders..The CS is present and agreeable to call a meeting today itself with stakeholders : Court.Meeting shall be held today itself at 5 pm. Without waiting for copy of order, intimation be made to all : Court.Whatever resolution is arrived at, should be placed before the Court by tomorrow: Court.Court records submission that refillers are not providing information. We direct all refillers to remain present during the hearing tomorrow..We direct them to comply with our order and present information to GNCTD: Court.Refillers to ensure that all supplies are accounted for else strict action would be taken, Court records...We are informed that GNCTD is in the process of importing 18 cryogenic tankers. 4 tankers have been arranged by GNCTD. We are hopeful that with infra been augmented supplies to Delhi would improve : Court.Senior Advocate Malvika Trivedi points out the order passed by Court on acute shortage of COVID medicines. We made suggestions.. : Trivedi All suggestions are welcome: SG MehtaYou may send to Health Secretary, ICMR : Court And GNCTD: SG Mehta.Trivedi urges Court to look at the suggestions. We'll look at it tomorrow: Court.Mr Mehra, please look into the needs of whoever is there : Court.All the modalities, protocol.. you iron out when you meet with the CS at 5 pm : Court to hospitals.In the meeting, hospitals know their problems, officials know their logistical issues.. agenda should be decided. They must come up with a concrete system that works without interference: SG Mehta.Compliances also have to be a reasonable way.. keep it minimal. Don't try to unnecessarily complicate: Court.We'll take it up tomorrow: Court

"Augmentation of oxygen supply is going on at a war footing" Solicitor General tells Delhi High Court in COVID-19 hearing [LIVE UPDATES]

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