Your system has not helped, if you can't manage we'll ask Centre to intervene: Delhi HC to govt on COVID

"Our confidence is shaken. Put your house in order," the Delhi High Court slammed the Delhi government as it hauled it up for rampant black marketing of oxygen cylinders and essential drugs in the national capital. The court on Tuesday asked it to submit a report about the deaths which have taken place in Delhi on account of shortage of oxygen.

According to reports, during the hearing, the court said that oxygen cylinders are being sold for lakhs in the black market, and pulled up the government for failing to take action against them. It directed the state to not only check black marketing but also address the issue of oxygen distribution to hospitals as well as individuals.

“Set your house in order. Enough is enough. If you cannot manage it, tell us then we will ask the central government to send their officers. We will ask them to take over. We cannot let people die like this,” the division bench of Justices Vipin Sanghi and Rekha Palli said while hearing a case on shortage of oxygen supply and COVID-19 essentials.

Bench: From hearing today its clear to us that GNCTD has to pull up its socks for aspect of distribution of liquid oxygen to larger hospitals but also cylinders used in smaller hospitals.

— Live Law (@LiveLawIndia) April 27, 2021

The court also directed the Delhi government to file a report on the number of deaths of COVID-19 patients in hospitals and nursing homes due to the shortage of oxygen. Besides, it asked the Delhi government to take account of stock and sale of medicines such as Remdesivir, Fabiflu and Tocilizumab at hospitals' pharmacies, as people are unable to get these drugs which are being sold at much higher rates in the black market.

'Not the time to be vultures': Court to oxygen refillers

In the hearing that continued for over three hours, the bench also directed the government to take over the plant of an oxygen refiller for not supplying gas to hospitals and allegedly giving it in the black market, and made it clear that the same action should be taken with regard to other suppliers who refuse to fall in line. The court also rapped oxygen refillers, saying, it was not the time to become vultures. "Are you aware of black marketing? Is it a good human gesture?" the bench asked oxygen refillers.

Court pulls up Delhi govt

The court also slammed the Delhi govt for a blanket order mandating hospitals to cater to emergency patients and provide them with oxygen and medicine within 10-15 minutes of arrival, saying it was just trying to satisfy its conscience with "a paper exercise". "There seems to be some disconnect.. and as if you're living in a different world, out of sync of how hospitals are dealing with it. Why do you pass these orders?" the court asked before it postponed the hearing till afternoon due to an SC hearing on COVID-19 essentials, according to a report in Bar and Bench.

Bench; If there’s instance of any particular hospital not performing its duty, action may be taken. But issuance of such circular who’s compliance isn’t possible in current situation. #Covid19 #Oxygen

— Live Law (@LiveLawIndia) April 27, 2021

The case pertained to an oxygen supplier Seth Air failing to deliver oxygen to Maharaja Agrasen Hospital in the National Capital.

Commenting on submissions of the supplier, the court observed that the non-accounting of oxygen cylinders supplies by the Delhi government was leading to an artificial shortage of gas and black marketing, and asked the govt to get its house on order.

"Again we are seeing you are only doing distribution of lollipops. This man (Seth Air) is saying he has 20 tonnes but doesn't know who to distribute to! And you say you don't have oxygen."

Advocate Udit Rai, appearing on behalf of the Delhi govt, apprised the court that Seth Air's submission was false and that all the commitments made by the Delhi govt have been honoured, according to a report in Livelaw.

Court orders take over of oxygen refilling plant

The court then ordered: "It is evident that Seth has been diverting that oxygen and possibly selling cylinders in the black market. We direct GNCTD to take note and take over their unit. We direct Seth to not cause any obstruction in the running of the plant under the management of officers of GNCTD.

"We want this unit to be taken over by tomorrow. Let this be an example for others," the court added, according to the report.

Bench: We Further direct GNCTD to file report after taking details with regards to deaths that have taken place at hospitals nursing homes due to shortage of oxygen. Affidavit be filed in 4 days. #Covid19 #Oxygen #DelhiHighCourt

— Live Law (@LiveLawIndia) April 27, 2021

Court seeks report on oxygen stock by 10 am Wednesday The court also slammed the government, saying, "You have the power, take action against those engaging in black marketing of oxygen cylinders and medicines," it said. The Bench said that this is a mess that the state government has been unable to resolve and sought a status report on the status of oxygen stock by 10 am Wednesday.

Bench: GNCTD through affidavit will inform us of Status of stocks of liquid and gaseous oxygen with refillers by 10 am tomorrow. #DelhiHighCourt #Oxygen #Covid19

— Live Law (@LiveLawIndia) April 27, 2021

The court also ordered the state govt to compensate those who lost their lives due to oxygen shortage.
"We will also have to compensate these people for dying due to lack of oxygen. It's the responsibility of the State," LiveLaw tweeted.

With inputs from PTI