Thread by @barandbench

[BREAKING - Urgent hearing at 8 pm]

Max Hospital Patparganj moves Delhi High Court.

Max Patparganj has currently only 3 hrs of oxygen and if the oxygen run outs the life of 400 patients out of which 262 are covid patients is under threat

#COVIDEmergency #DelhiNeedsOxygen

Bench of Justices Vipin Sanghi, Rekha Palli dictates the order.

Court records the details of the ban on oxygen supply to industries.

#COVID19

Inox is also represented which says the are producing Oxygen to full capacity: Court

Max hospital in its petition says they have been running from pillar to post and made number of requests both to Central Govt and Delhi Govt.

However, there is no visibility for supply of oxygen to the Hospital from both governments.

#DelhiNeedsOxygen #Delhi @AamAadmiParty

They were supplying as per demand which was never this much: Senior Adv Rajiv Nayar for Inox.

The development that we have witnessed over night at Nasik.. where oxygen supply was disrupted due to leak and 82 have died. The deman of oxygen by Max and others dealing with #COVID19 patients has gone up many fold. : Court

Supply of oxygen from established sources like Inox is not able to meet the demand. The responsibility falls on centre to ensure suppy : Court

We direct Centre to protect right to life of citizens who are seriously ill and require medical oxygen and to supply the same by whatever means it is required: Court

If necessary, Centre should divert entire supply from industries particularly steel and petroleum. Transportation from.place of production to place of use is also a challenge: Court

Central govt should consider ways and means of transporting Oxygen from plants by either creating a dedicated corridor so that the supply lines are not affected or air lifting the same : Court

This is all that we can say at this stage. What do we do : Court

We have requisitioned extra oxygen for Delhi.. it's being implemented as we speak : Anil Soni adv for Centre.

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..whether is it Tata or...: Court

What have to done about it? While day has gone.. why is it not dawning on your officers: Court on minimising production at Steel, Petroleum industries

Don't get surprised by this petition.. we are surprised that you are surprised: Court

Central govt officer Nipun Vinayak joins.

We are back again with a big crisis. What is the decision.. yesterday we told you : Court

I'm not able to start my video : Vinayak

That's okay: Court

Yesterday besides apprising the Dept of Industries, we sent a letter to the Secretary.. : Vinayak

What is the result: Court

They have sent an amendment today.. wherein it is said ..all steel were exempted. Now only plants with captive oxygen plants are exempted: Vinayak

So you're not diverting oxygen produced from plants that are producing their own, Court asks

Yes : Vinayak

Why is govt not waking up to the reality? : Court

Court records the submission.

Steel plants using their own captive oxygen plants are exempted. There is nothing said about petroleum. This only means that steel plants procuring oxygen have been prevented from doing so : Court

We are shocked that the govt does that ..(unclear) reality.. : Court

Director Industries, Senthil Natah has joined : Vinayak

Yes please look .. why this hesitancy? Is running steel plant so important: Court

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

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

We've floated a tender : Senthil

Court expresses disappointed.

We called for quotes yesterday itself. There are 3-4 quotes: Vinayak

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

If Tatas can divert their oxygen, why can't others do it ? This is the height of greed if we can say that. There is no humanity left or what? : Court

Vinayak says allocation to Delhi increased to 400MT.

That we've been told : Court

They said 700 yesterday. We don't want to get into it...the reality is that there is no oxygen. you have to arrange. Hospitals have run dry. We have Max before us. What about us : Court

1-2 weeks your industries can wait. You've not even thought in that direction. Human lives are not that important for the State it means : Court

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

Court resumes order.

Govt can very well divert the Production of oxygen from Petroleum for captive use. Even if these industries run at lower capacities till such time oxygen is imported..for which tender have been floated, heavens are not going to fall : Court

Hell will break lose (if oxygen is not supplied).
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) : Court

We direct such industries particularly Steel to make their oxygen production available to Central Government : Court

Oxygen is on the way : Senior Adv Rajiv Nayar for Inox

Court records that 2000 cubic mt oxygen is on the way to Max, Patparganj.

In about two hours : Court

Court records that there are apprehension of law and order problem on the way.

We direct Centre to provide safe passage .. to that such supplies are not obstructed for any reason whatsoever: Court

Senior Advocate Rahul Mehra: If Chief Secretary can be given the demands by the hospitals so that he can put it to the Centre Chief secretary.. otherwise there will be a petition very half an hour

Court says States have their own channel.

Court may not pass the order. I will do whatever ..: ASG Chetan Sharm

We've already passed the order: Court

We'll add to that or modify the order after 20- 30 mins..but Mr Sharma you were not there : Court

The Secretary, Industries is directed to appear tomorrow: Court

Please don't pass the order today : ASG Sharma

We can't postpone it to tomorrow. We are willing to give 30 mins. Your Secretaries can join (in 30 mins) : Court

We'll reassemble at 9:20 pm. By that time order will be typed out : Court

Hearing to resume shortly.

Solicitor General Tushar Mehta joins the link.

#COVID19

Sumita Dabra has joined from Industries Dept.

She says she is also COVID positive.

Judges yet to join.

Bench joins.

Purpose is to appraise the court of some facts : Mehta

Secretary concerned is in ICU: Mehta

Whatever attempts are required to be made are being made to effectively supply: 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)... if the Court can permit Ms Dabra to assist (on procurement): Mehta

It is tech not possible to switch of and make industries into oxygen making plant..: Mehta

Explains that industries take some time yo shut down

We're happy that you're hearing Mr Solicitor: Court

Firstly we are very happy that you are here: Justice Sanghi to SG Mehta

We just want to first tell you what the position in .. yesterday we were told that an order was passed : Court refers to the ban on oxygen order.

Ms Sumita is Additional Secretary.

In pursuance of yesterday's orders, the amendment is that steel plants producing their own captive oxygen can continue: 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: Court

There are other hospitals that have not come before the court, that may need oxygen. And not only Delhi requires oxygen. It is squarely the responsibility of the State to ensure supply: Court

Officers are discharging duties beyond hours. Decision making is not always at their level: SG Mehta

If the emergency has subsided, I can take instructions and address the Court tomorrow: Mehta

There is a tweet today that Delhi govt has received the oxygen: Mehta

Patparganj hospital will get oxygen in two hours. But there are also other hospitals facing shortage: Court

We are saying that you are not exploring other alternatives. We are not saying that you are being unfair: Justice Palli

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

You have plenary sovereign power. No industry will say no to you. You must take over: Court

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

If the needs of the petitioners are met, we can take up the matter in the morning. But what about other hospitals facing shortage: Court

Court cites dire situation in Ganga Ram Hospital

I cannot take the responsibility of assuring that hospitals will not run out before tomorrow morning: Senior Advocate Rahul Mehra for Delhi NCT

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

Mr Mehta, you will have to take this decision right away: Court

There is no industry in Delhi producing oxygen? Court

Mehra: None

Additional Secretary Sumita Dawra, in charge of oxygen supply, addresses Court.

We allowed industrial cylinders to be used for medical purposes. Allowed Argon and Nitrogen tankers for the same: Dawra

We can use industrial oxygen today 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: Dawra

Mostly medical oxygen being produced by manufacturers. In Maharashtra, Gujarat, UP hardly any oxygen used of industries: Dawra

Stock from steel plants being added for medical use: Dawra

When cases have increased rapidly, there were conflicting demands for oxygen. We have been doing intensive meetings with states, based on which we have done mapping for oxygen need: Dawra

There are more cases in some states, where oxygen is not produced. So there are logistical issues: Dawra

We were told all this earlier. Fact of the matter is that there is shortage. It is there for us to see. We cannot shut our eyes to this: Court

We appreciate steps taken to divert oxygen. But today you said, plants can use captive oxygen produced by them: Court

We cannot see people dying because oxygen is not there: Court

There is nothing else that we are doing: Dawra

We have no doubt about that, we have a lot of respect for that: Court

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: Rahul Mehra

Every single vehicle we have to micromanage. 370 MT was allocated by Centre. Only 200-250 MT reached Delhi: Mehra

Allocation is fine, but it needs to reach the hospitals: Mehra

Inox (oxygen producer) has contractual obligations to 45 hospitals. It is not that state government has to supply oxygen: Rajiv Nayar clarifies

Mr Mehra, somebody wants to give you instructions: SG Mehta

Are you calling to give instructions?: Mehra asks SG

Our instructions are that Delhi is facing an alarming situation. Everyone is saying oxygen is required. What is the purpose of taking instructions from Delhi government? Mehra

Please mute yourself and call the Deputy CM right away: Justice Sanghi

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

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. It is your responsibility, you have to go a step further: Justice Sanghi

We cannot afford to lose lives. That is the difference in approach in our minds and your mind: Court

It is a question of commercial interests on one hand and thousands of lives on the other: Court

Commercial considerations are not weighing with the government: SG Mehta

We can address the Court tomorrow: SG Mehta

Our concern is that nothing should happen in the night: Court

In the meantime, if there are any casualties, you will have to take responsibility: Court to Centre

Mehra: If Centre is unable to take responsibility, how can State can be expected to? They are in the driver's seat, we can just facilitate.

There is some lack of communication of honesty somewhere: SG Mehta

During this crisis, we are not interested in any of this: Court

Our oxygen has reached the hospital: Nayar informs Court

SG Mehta: We have a responsibility of only allotting oxygen. Allotted quantity, increased to 480 MT, will reach Delhi.

Mehta shares screenshot of Delhi CM Arvind Kejriwal's tweet @ArvindKejriwal @CMODelhi

480 MT is allocated, when it is going to come, we don't know: Mehra

It will come in two days: SG Mehta

It is for Delhi government to internally distribute oxygen. Transportation has to be facilitated by state government: SG Mehta

Centre can facilitate corridor with paramilitary forces for transport of oxygen: Mehra requests

Obstructions in other states are happening. It falls on you [Centre] to ensure that oxygen reaches Delhi borders: Court

There is no difficulty in providing that: SG Mehta agrees

Now that it has been stated that 480 MT has been allocated, we will take your assurance that it will be supplied with protection: Court

Will it reach today itself? Justice Palli

SG Mehta, unsure: We will provide police protection.

Shalimar Bagh and Patparganj Max Hospitals have received the oxygen: Court informed

Court takes note of allocation order passed by Centre. Dictates order.

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: Court

Court to take up matter tomorrow at 3:00 PM.

[COVID-19] Beg, borrow to provide Oxygen to hospitals; we cannot see people dying because of Oxygen shortage: Delhi High Court to Central govt

[FULL STORY]

#COVID #DelhiHighCourt
#OxygenShortage

barandbench.com/news/litigatio…