The Supreme Court on Wednesday, 5 May, stayed the contempt notice issued by the Delhi High Court to the Centre over oxygen supply.
Putting officers in jail or hauling officers for contempt will not bring oxygen, the Supreme Court observed earlier on Wednesday, after the Centre moved the apex court against the Delhi HC's order a day before, on the oxygen supply in the national capital in wake of the COVID-19 crisis.
The high court on Tuesday had told the Centre that it had failed to meet its assurance on oxygen supply. The court had questioned the Centre to show cause as to why contempt proceedings should not be initiated against it for violating the order pertaining to the supply of medical oxygen to Delhi.
What Happened in the SC?
"The idea here is not to haul up officers for contempt and that will not bring oxygen," Justice DY Chandrachud of the Supreme Court said on Wednesday. "Contempt does not help," Justice MR Shah said.
The Supreme Court added that for the time being, there is no reason to exercise contempt of court jurisdiction against government officers, but directed the Central government to submit a tabulated plan to meet the 700 MT Oxygen target by 10.30 am on Thursday, Bar and Bench reported.
“This stay will not be a restraint on Delhi HC to monitor the on ground situation on other heads," the court ordered, Bar and Bench reported.
The court cited the the success of the Brihanmumbai Municipal Corporation (BMC) in managing the the pandemic situation in Mumbai, and asked the Centre to hold a meeting with municipal commissioner Iqbal Singh Chahal to adopt measures in Delhi.
The court ordered, "Delhi must have a hoarding of 700 MT. You can tell us by 3 pm how much will you go up to till midnight today. We need to inch as close a possible to 700 MT and not be at 550 MT as stated.”
At the hearing, Solicitor General Tushar Mehta had said they were in the process of procuring 700 MT of medical oxygen for Delhi, and on Tuesday, they reached 585 MT. “Thus, there is no question of non-compliance.”
‘Oxygen Allocation Formula Based on Assumption’
SG Mehta went on to say that the Centre has to allocate oxygen to the whole country and thus reach a formula which can be implemented in all states.
“On-ground medical facilities available will be 505 MT for Delhi and a team has stated that there is no justification for 700 MT. This is based on calculation sheet for states,” Mehta said.
To this, Justice Chandrachud rebuked, “Entire formula is based on assumption. First is 100 percent ICU beds need oxygen and 50 percent non-ICU beds need oxygen. But it depends on state-wise pandemic scenario,” Bar and Bench quoted.
The justice of the Supreme Court also noted that different states are peaking at different times, and thus a general assessment is not possible.
Further, the court questioned the basis on which the Centre had assessed state-based oxygen requirement, and Justice Chandrachud queried about Delhi’s daily supply, calling for an "upfront display" of where its oxygen was coming from.
Earlier in the day, the apex court had agreed to consider the Centre's plea, with Chief Justice NV Ramana directing that it be listed before a bench headed by Justice Chandrachud.
The hearing comes as Delhi is crippled by a shortage of hospital beds, medical oxygen and medicines, with citizens taking to social media to appeal for help amid the devastating second surge of the COVID-19 pandemic.
(At The Quint, we are answerable only to our audience. Play an active role in shaping our journalism by becoming a member. Because the truth is worth it.)