Supreme Court stays Delhi HC’s contempt notice to Centre, asks for oxygen supply plan by Thursday

Photo used for representational purpose. Pic/AFP

The Supreme Court on Wednesday stayed the Delhi High Court's order of initiation of contempt proceedings against the Central government officers for their alleged failure in monitoring oxygen procurement and supply to states, including Delhi.

The Supreme Court was hearing the Union government's plea against a Delhi High Court order on oxygen availability in New Delhi. The matter was heard before a bench headed by Justice DY Chandrachud, which includes Justice MR Shah.

The Centre had approached the Supreme Court against Delhi High Court's order, asking officials monitoring oxygen procurement and supply to states, including Delhi, to be present during the hearing.

Solicitor General (SG) Tushar Mehta, appearing for the Centre, said it is unfortunate that the Delhi High Court had initiated contempt proceeding when the Centre, its officers are doing their best in the issue.

Justice Chandrachud observed that putting officers in jail or hauling officers for contempt won't bring oxygen. "Please tell us what are the steps taken to solve this?" he asked.

"You are running from pillar to post for oxygen," Justice Chandrachud said, and added that ‘you (SG) please tell about the supply and demand of oxygen.'

Justice Shah observed that no one can dispute that some have died due to oxygen shortage and that it's a national emergency.

The Apex Court asked the Centre to apprise it by 10.30 am on Thursday, when the court assembles again, as to how it will make the plan and make available 700 MT oxygen in Delhi.

On Tuesday, the Delhi High Court had directed the Centre to show cause as to why contempt not be initiated against it for failing to comply with order on supply of oxygen to Delhi for treating Covid-19 patients.

"You can put your head in sand like an ostrich, we will not" the high court had said. "Are you living in ivory towers?"

A bench of Justices Vipin Sanghi and Rekha Palli had also rejected the Centre's submission that Delhi was not entitled to 700 metric tonnes of medical oxygen in light of existing medical infrastructure. "We see grim reality everyday of people not able to secure oxygen or ICU beds in hospitals" which have reduced beds due to gas shortage, it said.

The high court had directed two senior central government officers to be present before it on Wednesday to respond to the notice.

It said the Supreme Court's April 30 detailed order shows direction to the central government to provide 700 MT of oxygen per day to Delhi, not just 490 MT.

It further said that the Supreme Court has already directed and now the high court is also saying that the Centre will have to supply 700 MT oxygen daily to Delhi right away by whatever means.