Oxygen allocation: SC rejects Centre's plea against Karnataka HC demanding increased quota

The Supreme Court (HT_PRINT)Premium
The Supreme Court (HT_PRINT)
2 min read . Updated: 07 May 2021, 11:51 AM IST Staff Writer

The central government had on Thursday moved the apex court against an order of the Karnataka HC asking it to increase daily liquid medical oxygen (LMO) allocation for state from present 965 MT to 1200 MT

Calling it a well-calibrated exercise, the Supreme Court on Friday dismissed the Centre's petition against Karnataka High Court demanding it to increase the allocation of oxygen to 1,200 MT.

"It is a well-calibrated, well-considered judicial exercise by the HC and we see no reason to entertain the Centre's appeal," said Justice DY Chandrachud.

"We will not leave the citizens of Karnataka in the lurch," he added.

The central government had on Thursday moved the apex court against an order of the Karnataka HC asking it to increase daily liquid medical oxygen (LMO) allocation for state from present 965 MT to 1200 MT.

An SC bench was told by Solicitor General Tushar Mehta that the state is being supplied 965 MT LMO presently and the order needed to be stayed urgently.

Mehta stated in Friday's hearing that his objection was to the HC interfering with the Centre's oxygen allocation plan in a time of crisis.

"Every state needs it, but my concern is only with the HC directing it. If every HC starts doing it, it will be a problem," said the SG.

"We have a limited quantity and we can sit together," he added.

However, the SC bench said that the Karnataka HC's demand was not "reckless".

"Even with 3.95 lakh cases", Karnataka had requested 1,700 tonnes of oxygen and 1,100 MT was the minimum requirement, it said.

Justice Chandrachud also observed that the HC had passed the order taking note of the deaths in Chamrajnagar and Kalburgi, among other places, due to a shortage of oxygen.

The Supreme Court has for several days been hearing disputes between the centre and various states over the supply of oxygen and other essential resources amid the raging second wave of coronavirus.

On Delhi oxygen supply

Prior to hearing the case against Karnataka HC's order, the Supreme Court ordered the Centre to supply 700 metric tonnes of oxygen to Delhi everyday "till further orders".

"Don't force us to take coercive steps. Tell your officers to comply with our order of 700 MT of oxygen every day," the SC told Mehta.

The apex court had on Thursday told the central government that Delhi must get at least 700 tonnes of oxygen every day to meet the needs of Covid-19 patients.

"If nothing is to be hidden, let it come before the nation how allocation and distribution is done transparently by the Centre," the court said.

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