Supply 700 MT oxygen to Delhi: SC tells Centre

The bench comprising Justice DY Chandrachud and Justice MR Shah was hearing the Centre's plea against the Delhi High Court order, which issued contempt notice against the officials for failing to deliver 700 MT oxygen to Delhi

New Delhi: The Supreme Court on Thursday emphasised that Delhi has to be allocated 700 metric tonnes (MT) of oxygen. It said the Centre's formula for finding out the oxygen need is a gross underestimation for the national capital.

The court observed that there is a need to conduct an oxygen audit and sought to develop a mechanism to fix accountability on the distribution of stocks.

The bench comprising Justice DY Chandrachud and Justice MR Shah was hearing the Centre's plea against the Delhi High Court order, which issued contempt notice against the officials for failing to deliver 700 MT oxygen to Delhi. The apex court had stayed the contempt on May 5 but directed the Centre to present its plan on the allocation and supply of oxygen to Delhi.

Today, the Centre submitted before the court that if 700 MT oxygen is supplied to Delhi, other states will be deprived of oxygen and the situation could slip out of the Centre's hands. Solicitor General Tushar Mehta argued before the court that the Centre is also answerable to states whose 300MT will be diverted to Delhi and in case the oxygen audit proves that Delhi needed just 400 MT, there could be issues.

The court, however, remained unconvinced that Delhi has sufficient oxygen. Justice Chandrachud cited the death of a doctor because of oxygen shortage. Mehta, in response, said there might be lacunae in the supply of oxygen and therefore an oxygen audit is a must. The court said that allocation alone is not enough and logistics for distribution also need to be checked.

Third wave

The bench expressed its concern over a third wave and said that according to experts, children will be affected and they will have to be accompanied by parents to hospitals. Therefore, it is necessary that the government ensures preparedness and vaccinates children in time.

Justice Chandrachud also suggested using electronic ICUs courting an example of Maharashtra where a group of 11-12 doctors consulted people in rural areas. The court also asked the Centre about 1.5 lakh doctors and 2.5 lakh nurses, who despite completing their respective medical courses, were jobless and awaiting NEET.

"The current crop of doctors are completely fatigued and is at the end of its tether. You can call them corona warriors but they too are humans," Justice Chandrachud said. To this, Mehta said the Health Ministry has sent a letter to all the states pursuing them to let all MBBS graduates help in COVID-19 management and final year MBBS students could give teleconsultations.

The court suggested that such MBBS graduates and students be given incentives in the form of some extra marks in NEET to which Mehta replied that the "government will consider".