Delhi HC pulls up hosp for holding O2 tanker to ransom

NEW DELHI: Even as Delhi High Court continued hearing a suo motu case on issues related to the pandemic, including oxygen and Covid-19 resource management, it pulled up Batra Hospital on Monday after learning that it had detained an oxygen tanker and driver on its premises in a bid to get more oxygen from the supplier.
Justices Vipin Sanghi and Rekha Palli noted that against the 2.5 metric tonnes of oxygen Goyal Gases was to have delivered to Batra Hospital, it was forced to deliver 4.8 MT on Saturday. “We have made it clear to the executive director of Batra Hospital, who appeared with his counsel, that such conduct will not be tolerated. If this kind of conduct is adopted by anyone on the chain, others will be affected. The executive director of Batra Hospital has given us an assurance that such conduct will not be repeated.”
The issue was brought to the court’s notice by advocate Rohit Ranjan of Goyal Gases. He said that Goyal Gases had supplied Batra Hospital more than its allocation on Friday, and such acts were uncalled for.
Tushar Thareja, the hospital’s counsel, argued that Batra was allocated 5 MT, but only received 2.9 MT. “I shouldn’t have to come on a daily basis. Some timetable should be given,” he said.
The court, however, reprimanded the hospital and said it couldn’t resort to this kind of arm-twisting. “They went to deliver liquid medical oxygen to you and you insisted and bogged them down to deliver more… You can’t seize the vehicle and driver. If this happens, the whole system will collapse,” the court told the counsel for Batra Hospital.
The bench continued, “This will not do. It doesn’t give you the right to forcibly detain tankers or threaten them. You are breaking the discipline. This will not do. Tell us, if everyone were to do this, the tanker wouldn’t even reach you.”
The executive director of Batra Hospital responded that he was “deeply apologetic” on behalf of his institution. “I have just been informed about this. Never in the future will this happen again. This is very critical for other hospitals also. We understand this,” he said.
The court expressed surprise at the senior hospital administrator being unaware of the incident. “Could it happen without your approval?” asked the justices. The executive director assured that he hadn’t approved any such measure.
The court noted too that the allocation of oxygen to healthcare facilities was being done on the basis of what was in supply. “We all know there is a shortage. Hospitals are not getting oxygen as per requirement. Following the Supreme Court’s order, the central government is bound to supply 700 MT to Delhi right away. Till they get that, it is a problem no doubt. Some hospitals have reduced the number of beds, which is again to the detriment of people. Where will they go?” the court remarked.
On other issues such as installation of pressure swing adsorption plants, Delhi government’s senior advocate Rahul Mehra sought time to submit a response. He earlier informed the bench that deputy CM Manish Sisodia had written to defence minister Rajnath Singh seeking the Army’s help. When the court queried about the same, the Centre’s additional solicitor general Chetan Sharma said all aspects of assistance from the Army were being looked into by the defence minister himself.