Thread by @indialegalmedia

#DelhiHC begins urgent hearing over current COVID condition in Delhi.
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Hearing before Justice Vipin Sanghi and Justice Rekha Palli begins

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Senior Advocate Rajiv Nayar for Inox Air - The demand is 5x of what we can produce

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Justice Sanghi - Beg, Borrow, Steal, take it from the industries and make the oxygen available for medical use.

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Senior Advocate Rahul Mehra - If transportation is the issue, Air Force could be brought in to supply oxygen.

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Court starts dictating order.
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#COVIDEmergency #DelhiHighCourt: This petiton is listed for hearing on urgent basis. The petitioner is running the chain of Max Hospitals.

All these hospitals are catering to Covid patients.
@AamAadmiParty @MoHFW_INDIA #COVID19

#DelhiHC: Petitioner has disclosed the tabulation of Covid patients who are in need of oxygen. The tabulation also indicates the current availability of oxygen.

It can be seen that petitioners hospital are left with only few hours of oxygen.

@MoHFW_INDIA @AamAadmiParty

DelhiHC- Yesterday we had filed a detailed order regarding the supply of oxygen and other aspects of COVID....

INOX Air is represented by Senior Advocate Rajiv Nayar who stares that O2 is being produced to its fullest.
@MoHFW_INDIA

The development that we have witnessed that at Nasik where O2 supply was restricted many Covid patients have died. The demand for O2 run by petitioners and others have gone up at a fast pace. @MoHFW_INDIA

DelhiHC- The supply of O2 from the present sources is not able to meet the demand, the responsibility falls to the shoulders of Central goverment. @MoHFW_INDIA @AamAadmiParty #COVID19 @apnnewsindia

DelhiHC: The Central govt shall divert O2 from industrial plants to medical use.

The transportation too is also a challenge, as same takes place only through highways in normal course.
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#DelhiHC- Centre should consider transportation by dedicated corridors or by air lifting so that the supply is not hampered.

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Monika Arora informs court that Delhi's oxygen allocation was increased.

What's the point Ms Arora - Court
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It's no solace to anybody that you are supplying 400 MT.. centre has all the power and resources at their command..

Even Tata is supplying. Mr Tata will be willing to help. Everyone must be willing to help at this moment.

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*MoHFW Joint Secretary Vinayak joins the proceedings* @MoHFW_INDIA @AamAadmiParty #COVID19

Vinayak - The court had passed two directions.

The outcome is that we have amended the banning order (restricting O2 use).

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They have sent an amendment today.. wherein it is said ..all steel were exempted. Now only plants with captive oxygen plants are exempted: Vinayak
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So you're not diverting oxygen produced from plants that are producing their own, Court asks

What's the point: Court says

Court recording Vinayak's submissions

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We are shocked and dismayed that that the Central govt...:#DelhiHC

Director Industries, Senthil Natah has joined : Vinayak
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Yes please look .. why this hesitancy? Is running steel plant so important: Court

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This is taken after discussing with stakeholders. This can we reviewed: Senthil

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Court: How is this that the govt is so oblivious to the ground reality.

We can't have people die .. yesterday we were told you were trying to import. What happened to that : Court @MoHFW_INDIA @AamAadmiParty #COVID19

We have floated a tender: Central govt officer.

Court expresses disappointment
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Whatever is there in the country, you don't want to use that.. divert whatever is there right now: Court

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Court: If Tatas can divert their oxygen, why can't others do it ?

Court: This is the height of greed if we can say that. There is no humanity left or what?

@AamAadmiParty @MoHFW_INDIA @apnnewsindia #COVID19

Vinayak and other official inform about the increase in allocation...

Court: We don't care, the reality is that there is no oxygen on ground....1-2 weeks your industries can wait.

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You've not even thought in that direction. Human lives are not that important for the State it means : Court

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Court dictating order

We are shocked and dismayed that govt doens't seem to be mindful to the extremely urgent need of medical oxygen.

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DelhiHC- The govt can very well divert the supply of oxygen from steel plants, even if these industries run at slower capacity, as medical oxygen is important, nothing is going to fall.

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DelhiHC- The stoppage of medical oxygen on the other hand...the hell will let loose. @apnnewsindia @AamAadmiParty @MoHFW_INDIA #COVID19

#DelhiHC: We direct centre to take over production of oxygen from steel plants, if necessary from petroleum plants for supply to oxygen even if it means that such industries have to stop production (for the time being).
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We also direct all such industries to make over their production of oxygen and make it available to the central govt: DelhiHC

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#DelhiHC records that 2000 cubic mt oxygen is on the way to Max Patparganj. #COVID19 @MoHFW_INDIA @AamAadmiParty @apnnewsindia

DelhiHC while recording that there is suspicion of law and order problem - We direct Centre to provide safe passage .. to that such supplies are not obstructed for any reason whatsoever. @MoHFW_INDIA @AamAadmiParty #COVID19

Hearing adjourned till 9:20 pm

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Hearing resumes,
Solicitor General Tushar Mehta appearing for Center submits, I am aware that My Lordships have heard the matter.

Mehta - Secretary concerned with supply of oxygen is in ICU.

Whatever attempts are required to be made are being made to effectively supply.

So far as procurement of oxygen from other sources are concerned the Additional Secy would assist the court.

Mehta - Very senior cabinet minister was in contact with Delhi CM to ensure that tankers reach.

Mehta: Oxygen is on the way and (urgency has been met)

Considering the large nature of the industries, it's technically not possible to shut down the plants: Mehta

Court- We have been informed that need for oxygen for medical supply has gone up 5 times. We are dealing with lives of thousands and thousands of people.

Court mentions of Nashik incident

Mehta: It was because of an unfortunate accident.

Court: We are mentioning it to show that what can happen if supplies go out. We are aware that it was an unfortunate incident.

Mehta: Officers are working beyond their stipulated times.

If emergency has been subsidised, I may take instructions and come back to the court tomorrow: Mehta

There are many hospitals which are facing this scarcity: Court

We want you to undertake maximum procurement from all sources. Beg, borrow, steal, whatever, you have to provide: Court

Beg, Borrow or Steal but these demands have to be met. It is their fundamental right, and it is our bounden duty to help them: Court

There are things beyond my control, so let me take instructions and tell you tomorrow: Mehta

Justice Sanghi : If you pass an order, no industry will say no to you. You must take over.

If you assure that none of the hospitals in Delhi will face a critical situation tonight, we have no problem: Court
#OxygenShortage

For Max Hospital Vaishali and Gurgaon, there is capacity of only 8 hours, which will not last till morning: Senior Advocate Sandeep Sethi
#OxygenCylinders
#OxygenShortage

Court asks Mehta to take a decision immediately
#OxygenShortage

Sumita Dawra, Additional Secy responsible for Oxygen supply submitted, In April last year, a decision was taken to draw on industrial oxygen for medical purposes.

It was a crucial decision, which has been hailed world over.

Dawra: We also allowed industrial cylinders to be used for medical purposes, after due purging.

Industrial tankers were also used for medical purposes.

Today we are in a position to use industrial oxygen because of the decision taken last year.

Dawra- *Country's production capacity, both industrial and medical around 7,200 Metric Tonne a day. Requirement is over 8,000 MT now.*

It's mostly medical oxygen which is being produced currently. In some states like Maharashtra, Gujarat etc there is no oxygen plant: Dawra

She also tells that stocks from steel plants are added for medical use.

We know all these figures but the real situation is that there is a shortage and there is no doubt about it: Court

Court: We appreciate steps taken to divert oxygen. But today you said, plants can use captive oxygen produced by them. It is the responsibility of state to arrange

Court- You cannot say we can arrange this much and people have to die. We cannot accept that. We cannot see people dying because oxygen is not available: Court

We are totally in this work and doing nothing else: Dawra

We have a lot of respect that despite being sick you're putting in these efforts and extended hours of work: Court tells Dawra

140 MT was to be supplied today. In Faridabad plant, only 60 MT was permitted to be filled. For 8 hours, vehicle was not allowed to move. 370 MT was allocated by Centre. Only 200-250 MT reached Delhi: R Mehra

Mehra : Officers are not required beyond a point. Our instructions are that there is an alarming situation in Delhi and the hospitals are facing oxygen shortage.

My senior minister is in touch with your deputy Chief Minister. Please speak to your Deputy CM: SG Mehta

Mehra seeks permission to leave the proceedings for a while

Why are you not trying to get oxygen from industries?
It is a little sad for us to tell you that: Court to Dawra

Court: You may have only found out from industries if they can provide excess oxygen they produce. You have to procure every metric tonne that is required for patients.

Court- It is your responsibility, you have to go a step further. We can't afford to loose lives. It's a question of thousands of lives on one hand and commercial interests on the other.

Court: Our concern is that nothing happens in the meantime.

It's your responsibility Mr Mehta if some lives are lost in the meantime: Court

Mr Mehta can we take your assurance that availability of oxygen won't fall short till next morning?: Court

Let me take instructions: Mehta

SG to Court: We have a responsibility of only allotting oxygen.

Allotted quantity increased to 480 MT, will reach Delhi.

(Mehta also shows Delhi CM's tweet regarding increase in oxygen allocation)

Solicitor General refers to tweets of CM : In every state, the concerned officers of State have to take up the oxygen issue with the officer of Centre.

Tweeting the demand will only create a panic and anxiety..

Mehra objects to SG's statements - Mr Mehta is making it political

Mehra : The increased allocation of 480 MT happened during hearing. I don't know when it will reach.

SG : It will reach within 2 days. Please take instructions Mr.Mehra

Satyakam appearing for Delhi govt - I have spoken to the Deputy CM, he tells me that certain hospital may last for three hours.

Dawra : We facilitate the sourcing of the oxygen. But the transportation and logistics have to be taken care of by the states. Like Maharashtra is doing from Bhilai.

Mehra : I have informed what happened in UP (regarding INOX transportation). Today we know what happened in Faridabad.

Mehra says Centre has to assure a dedicated corridor with security for oxygen transportation.

SG Mehta says that he agrees with Mehra's submissions

Court says it won't pass the orders dictated in the first session

Court dictating fresh order

After hearing all the parties, we had dictated an order, SG appeared and sought some time to take instructions.

Consequently we re-assembled at 9.20, when SG Tushar Mehta joined the proceedings.

Ms Sunita Dawra, Addl Secretary Industries Dept, also joined the proceedings.

She is in charge of allocation of medical oxygen to various states in the country in the wake of raging pandemic.

Court records Dawra's submissions regarding increased allocation of Delhi's oxygen supply.
Court records Rahul Mehra's submissions as well

Bench while dictating order noted, Centre has assured that there will be unobstructed supply of oxygen to Delhi.

We hope that the requirements of hospitals and oxygen supply will continue to COVID patients and others until we take up the matter tomorrow.

The Matter will be taken up at 3:00 pm tomorrow