'Enough is enough, water has gone above head'; HC directs Centre to supply 490 MT oxygen to Delhi
New Delhi, May 1: Anguished by the deaths of 12 COVID-19 patients, including a doctor, at the Batra Hospital here due to a shortage of oxygen, the Delhi High Court directed the Centre on Saturday to ensure that the national capital receives its allocated share of 490 metric tonnes of the life-saving gas during the day and said "enough is enough", "much water has gone above the head".
A bench of justices Vipin Sanghi and Rekha Palli said the Centre has to ensure that Delhi receives its allocated amount of oxygen "by whatever means" and warned that a failure to do so could lead to contempt action.
The bench, which held a four-hour-long special hearing on a holiday with regard to the oxygen crisis and other COVID-19 related issues that the city is grappling with, also directed that the senior officers concerned be present before it on the next date of hearing on Monday if the allocated oxygen is not received by Delhi by the end of the day.
"We direct the central government to ensure that the NCT of Delhi receives its allocated supply of 490 MT positively today by whatever means. Considering the fact that Delhi is not an industrial state and does not have availability of cryogenic tankers of its own, which could be requisitioned under the Disaster Management Act like other states have done, it falls upon the central government to arrange the tankers as well, so that the allocation made to Delhi could be fulfilled, lest it remains only a paper allocation. The central government shall ensure availability of cryogenic tankers as well for the said supply," the bench said.
It also noted that since April 20, the entire allocated quota of 480 MT oxygen and thereafter, 490 MT has not been delivered to Delhi even on a single day.
"Looking at the situation, we make it clear that we may even consider initiating contempt proceedings in case of non-compliance. Amit Mahajan shall ensure the communication of this order to the officers concerned forthwith," it said.
When Additional Solicitor General (ASG) Chetan Sharma urged the bench to defer its order till May 3 or by half an hour, especially the warning about initiating contempt proceedings, it declined to accept his request and said, "Much water has gone above the head. Now we mean business. Enough is enough."
"You (Centre) made an allocation, you fulfil it. Do you mean we will shut our eyes to people dying in Delhi? Enough is enough now. Who is asking for a gram more of oxygen than is allocated? If you cannot supply, do not supply. We will see your explanation on Monday," it added.
"This is a new way of arguing -- telling us do not do this, do not do that. We do not appreciate it. We know what to do," the court said in response to the ASG's repeated requests to defer the contempt aspect of the order.
The ASG said Solicitor General (SG) Tushar Mehta would inform the court on Monday about the oxygen allocation and supply to Delhi.
The court, however, said the issue on which the SG would be informing the bench was related to the increased allocation of oxygen to Delhi.
"We have passed the order. You comply with the order," an anguished Justice Sanghi said and logged off from the proceedings.
The court issued the directions in view of the 12 deaths in the Batra Hospital due to an oxygen shortage as well as the concerns expressed by Delhi government officials with regard to their inability to address SOS calls for oxygen from several other hospitals as its reserves of the life-saving gas are exhausted.
Senior advocate Rahul Mehra, representing Delhi government, also told the court that some of the suppliers -- Linde, INOX and Air Liquide -- are either not supplying the oxygen they are supposed to or providing it in lesser amounts.
The court directed the lawyers of these suppliers to be present on the next date of hearing.
It also directed the Centre to ensure that the oxygen that Linde has to provide to Delhi hospitals in accordance with the Centre's allocation plan reaches the facilities.
The bench asked the Centre why four cryogenic tankers, which were meant for Delhi to treat COVID-19 patients and held up by the Rajasthan government, were not released yet, despite the court's earlier orders.
It said let the necessary steps be taken to fulfil the assurance given by the SG on April 26 that these tankers will be released and asked the Centre to place a compliance report of its order on Monday.
When the Centre's counsel urged the court to seek an explanation from the Rajasthan government, the bench said, "This is the Centre's problem. The SG made a statement before us. Why should we call the state of Rajasthan? Those four tankers or something in their place has to come. What is the sanctity of these statements?"
The bench also directed the Delhi government to seek the help of the armed forces in getting oxygen and setting up facilities.
It said when the Delhi government is proposing to increase the number of beds with oxygen support by 15,000 and that of ICU beds by 1,200 by mid-May and it is dependent on an increased oxygen allocation and supply to the national capital, help of the armed forces should be sought.
It asked Mehra why nothing has been done till now when the court asked it two-three days ago to seek the help of the armed forces.
"It can be a collaborative effort with the Army," the bench said. Mehra told the court that he would get back to it on the issue.
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TN Assembly elections: Eight-month pregnant homemaker wins Thiru Vi Ka Nagar seat for TVK
Chennai (PTI): Before giving birth, she had already delivered a mandate—a symbol of hope for Thiru Vi Ka Nagar.
Echoing Delhi’s 2013 “common citizen” political churn associated with the rise of the Aam Aadmi Party (AAP), an eight-month-pregnant homemaker, M R Pallavi, has been elected as an MLA from Chennai’s Thiru Vi Ka Nagar constituency, emerging as one of the notable first-time faces of the Vijay-led TVK in the recently held Tamil Nadu Assembly elections.
In the narrow lanes of Thiru Vi Ka Nagar, a steady stream of media personnel has been making their way to Pallavi’s residence—a scene reminiscent of the result day in Delhi when journalists thronged the modest home of Rakhi Birla, who had won from Mangolpuri on an AAP ticket.
Pallavi, 36, a homemaker educated up to class XII, defeated the DMK candidate K S Ravichandran by a margin of 22,333 votes in the reserved Thiru Vi Ka Nagar Assembly constituency.
Tamilaga Vettri Kazhagam emerged as the single largest party by winning 108 seats, while DMK and AIADMK got 59 and 47, respectively.
Pallavi’s victory has drawn attention due to her personal circumstances. She campaigned extensively while eight months pregnant, going door-to-door to reach voters.
According to local accounts, she even fainted once during the campaign but continued her outreach.
She has not spoken to the media following her victory, as doctors have advised her to rest. Her husband, Rajesh, briefly recounted her campaign efforts.
A self-professed admirer of actor-turned-politician Vijay, Pallavi joined TVK soon after its formation and is now among its first-time legislators.
Doctors have advised her to be hospitalised around May 20, as she is expecting her second child. Ahead of that, voters in Thiru Vi Ka Nagar have entrusted her with representing them in the state Assembly.
Political observers say the rise of candidates like Pallavi signals a possible shift in Tamil Nadu’s political landscape, with voters backing a new party and candidates from non-traditional backgrounds.
