[Breaking] Show cause why contempt action should not be taken for non-compliance of SC, HC orders on oxygen supply: Delhi High Court to Centre

The Delhi High Court today directed the Central government to show cause as to why contempt of court should not be initiated for non-compliance of orders passed with respect to the supply of oxygen to the national capital. (Rakesh Malhotra vs GNCTD)

A Bench of Justices Vipin Sanghi and Rekha Palli ordered,

"We direct Central government to show cause why contempt action should not be taken for non-compliance of our order of May 1 and Supreme Court order.."

The Court has accordingly directed the the presence of Central government officers, Piyush Goyal and Sumita Dawra, on the next date of hearing.

The Court recorded that it was matter of fact that till date, oxygen had not been supplied to the national capital either in terms of the Supreme Court order on 700 MT supply or its order on 490 MT supply.

As the Additional Solicitor General Chetan Sharma argued that the Supreme Court had not directed the Central government to supply 700 MT to Delhi, the Court opined,

"We disagree. A plain reading of the Supreme Court order shows that the Supreme Court has directed the Centre to supply by making good the deficit.."

The Court further rejected Centre's stand that Delhi's demand of 700 MT could not be accepted as it noted,

"We reject the submission that GNCTD is not entitled to receive 700 MT per day in light of existing infrastructure. It pains us that the aspect of supply of oxygen should be viewed in the way is done by the central government.."

It added,

"We see the grim reality everyday.. the situation has come to this that hospitals have had to reduce the number of beds..On one hand, there is need to augment capacities to meet the rising numbers, while on the other, the existing infrastructure is crumbling and available bed can't be put to use.."

The Court also opined that the assurance given by the Solicitor General Tushar Mehta to the Supreme Court that the demands of Delhi would be taken care of has not been fulfilled.

"..(the) assurance has not been fulfilled as small and large nursing homes and individuals are running to us..(with SoS calls)"

The order was passed after Senior Advocate Rahul Mehra for Delhi government once again reiterated that in spite of judicial orders, Delhi was not receiving oxygen as per demand.

ASG Sharma stated that the supply was "very substantial" and that the Central government will file a "compliance affidavit" before the Supreme Court.

Clarifying that even the High Court was entitled to assess the aspect of supply of oxygen to Delhi, the Court thundered,

"Contempt may be the last thing but it is there. Enough is enough. We are not going to take no for an answer.. There is no way that you won't supply 700 right away."

Even as Advocate Aishwarya Bhati took the Court through the Supreme Court order and the demands made by Delhi government from time to time, the Court remarked,

""Because they made a demand of 300, people should suffer? Central govt is doing to quibble about these little things and let people die?..You don't know (about the situation in Delhi)? You may put your head like an ostrich in the sand...we will not.."

On May 1, the Court had directed the Centre to ensure that the national capital receives its allocated share of 490MT of oxygen.

The Court also noted that Delhi has no cryogenic tankers that could enable the supply of oxygen. Thus, fixing responsibility on the Central government, the Court said,

"It falls on the Central government to arrange tankers ..(else) it only remains a paper allocation. The allocation to Delhi has been in force from April 20 and not for a single day Delhi has received allocated supply."

Read the order:

Read the full account of today's hearing here: