New Delhi: The apex court on Friday adjourned the hearing on the suo motu case related to the distribution of essential supplies and services, including oxygen and drugs during the COVID-19 pandemic, to April 27.
A bench headed by Chief Justice S A Bobde and comprising Justice L Nageswara Rao and Justice S Ravindra Bhat heard the matter.
Chief Justice of India, Justice S A Bobde, who is demitting office as the CJI on Friday, said that the whole point of this exercise is to address the need of every citizen. Solicitor General Tushar Mehta put forth that the country is in dire need of oxygen supply. A single state cannot be held responsible for itself. We have the potential to manufacture oxygen, he said. Mehta also raised the question as to why the potential is not utilized when every tonne matters.
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The Supreme Court lashed out at Tamil Nadu for being hesitant in allowing Vedanta Sterlite plant in Tamil Nadu to reopen and start manufacturing of oxygen. Tamil Nadu contended before the court today that there will be law and order issues if they allow and they do not want the "remedy worse than the disease".
Senior Advocate CS Vaidyanathan for Tamil Nadu said that the state government is trying to do its best and added that what happened in 2018 should not be repeated.
CJI responded stating that the court is not bothered if Vedanta or ABC manufactures it. We want a plant which is capable of production now. The state cannot say that they cannot allow the plant to run as law and order problem persists, added CJI.
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The bench granted time to the Centre to file a response in the case and posted it for hearing on April 27. Tamil Nadu government was asked to file an affidavit on Monday.
CJI allowed senior advocate Harish Salve to withdraw as amicus curiae. CJI rapped some senior advocates for making statements without reading its order passed on Thursday and observed that it did not stop high courts from hearing cases related to COVID-19 management in the country.
You have imputed motives to us without reading our order, the bench told senior advocate Dushyant Dave, who was appearing in the matter. We are also pained at reading what some senior lawyers have to say on Salve's appointment as amicus in the matter, the bench said, adding that it was a "collective decision" of all the judges at the bench.
Salve said it is a very sensitive matter and he did not want the case to be decided under the shadow that he knew the CJI from school and college days.
Solicitor General Tushar Mehta requested Salve not to withdraw from the case as the amicus on the ground that no one should succumb to such pressure tactics.
Taking note of the grim situation created by the massive surge in COVID-19 cases and deaths, the Supreme Court had on Thursday said it expects the Centre to come out with a national plan to deal with proper distribution of oxygen and essential drugs for the patients.
The court yesterday sought the Centre's response on coordination of logistical support for inter-state and intra-state transportation and distribution of oxygen and essential drugs.
(With inputs from PTI)
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