Thread by @barandbench

Two more hospitals, Bram Healthcare and Batra Hospital, have moved Delhi High Court seeking supply of oxygen.

Hearing to begin shortly before Justices Vipin Sanghi and Rekha Palli.

#COVIDEmergency2021 #COVID19
#OxygenShortage

@CMODelhi @MoHFW_INDIA @PIBHomeAffairs

Senior Advocate Siddharth Dave to appear for Batra Hospital.

Court to assemble at 3:40 pm.

Hearing begins.

#OxygenCrisis #OxygenShortage #COVID19

There are 92 COVID patients.. I have three hour storage of oxygen. My vendor is not supplying. Kindly direct them to ensure supply of 120-150 cylinder : Adv Priyadarshi Manish for Barm Hosp.

Senior Adv Rahul Mehra says Delhi govt has notified number of refilling centers and appointed nodal officers.

Smaller issues can be looked at our end. There has been some more oxygen that has started coming in. Yesterday we received 350MT which is the highest: Mehra

These are names of nodal officers and refilling agencies? : Court

Yes : Mehra

So you can take your cylinders and get them filled : Court

The PM met Delhi CM and other CMs. Now the thing is at the very top. Things are moving in the right direction. It will take some time to streamline. Corridor is not a distant dream. It is operational. We have to give time to Centre and Railways: Mehra

In the meantime we have to do some fire fighting: Court

Hopefully we'll start getting from WB, Orissa (thru Railways) over the weekend: Mehra

Every second hospital will start coming to court : Mehra

I second .. PM had a meeting. There is a system in place. There is a nodal officer for Delhi govt and Centre unit. They interact. PM has impressed upon all CMs to not interfere with free flow of oxygen : SG Tushar Mehta

Suppose Chennai stock is coming to Delhi and it passes through UP or Haryana..Haryana stops it. Whether A State or B State : SG Mehta

Constitutionally it is unthinkable to send paramilitary forces. First is bureaucratic level negotiation.. then political executive level. I've not taken detailed instruction. But I'm told that everybody has agreed. Passage will not be distributed: SG Mehta

#OxygenShortage

There is a system in place by Central Government. There is a nodal officer appointed by Delhi. We also have a system: SG Mehta

There is a control room of central government which interacts with control room or nodal officer of State. Centre has decided to add few more officers to the control room : SG Mehta

They are all secretary level officers : SG Mehta

We have alos requested all State govt to ensure that details of their nodal officers are given to hospitals : SG Mehta

So that they do not waste time in approaching somebody else : SG Mehta

Instead of individually taking these causes, ask the Petitoner to move the nodal officer first : SG Mehta

The control rooms are virtual and comprise officers from various ministries.

There's a WhatsApp Group which shares problems and immediate solutions : SG Mehta

This might take a few days to operationalise. The system was there but now let us make it know: SG Mehta

It is not a burden but it would be effective and time saving instead of going to a lawyer, making a petition: SG Mehta

The burden is on themm: Court

They feel they don't have the faith.. : Mehra

Mehra says he had insisted the petitioner to wait.

There is a faith deficit. Kindly put all of this in the order: Mehra

If the Centre order is shared by Udit (on central control room abd nodal officers) .. : Mehra

He's here. Let's sort it out : SG Mehta

We would like to take notice of the Delhi govt order : Court

Does nobody from the Railways form part of the control room? : Court

It is for procurement.. it would be added within two hours : SG Mehta

He (Udit) has said the order has not come down to him : Adv Satyakam for Delhi govt.

What I shared was the letter written to me. What must be shared with him would be the order : SG Mehta

Mr Udit joins..

Yes, I'm aware of the platform: Mr Udit

So you're the person to be contacted for Delhi and you're the bridge between the consumer and officers? : Court

Yes : Mr Udit

There was VC today : Mr Udit

I'll check if the order has come to the Principal Secretary: Mr Udit

You are holding a very key position. There will be circumstances, you will get exhausted. But you have to keep your cool. There will be hospitals in dire need : SG Mehta

He's the best person for the job ... on the hot seat : Mehra

He's compassionate enough: Mehra

We're sure he is : Court

Looking to the large number of hospitals and nursing homes, maybe the Delhi government can have one more officer. To have one number circulated.. : Court

We'll have people in the team.. and Udit can take the final call : Mehra

Circulate 3-4 numbers : Court

We can leave it at the level of Udit for he wants to : Mehra

The ground reality is totally different. I was aware of the order that Mr Mehra showed. From 5 am my cylinder was lying there.. nodal officer was not responding to the phone call: Manish

The ground reality is totally different. What will I do after three hours : Manish

Now you're complaint is laid out.. we're sure it will be attended to : Court

Adv Rakesh Malhotra intervenes, says there is no oxygen.

If people can just explore the possibility of reaching out to me or Mr Stayakam: Mehra

As a human and a citizen it is our bounded duty. If we are not able to get in touch, I will come to the court that our system is not working: Mehra

This is very fair.. but they should first approach Mr Udit before approaching Mr Mehra and Mr Stayakam: SG Mehta

Batra has 160 in ICU and others in the ward. We approached the officer yesterday. We are COVID reserved facility. We require 7-8k L of oxygen: Dave

We wre given 1k L yesterday.. it will expire in 5-6 hours : Dave

We require LMO.. we are not getting some joy in coming (to court). We are not a nursing home. We are a COVID dedicated hospital. We don't have a choice: Dave

Inox was a major supplier. Big hospitals are feeling the heat because the allocation has gone down : Mehra

In the next 3-4 days if can adopt a measure if possible: Mehra

Today we require oxygen: Dave

You please issue necessary instructions for these two hospitals: Court to Mr Udit

Mehra takes the Court through the allocation chart.

We received 345/350 against 480 MT (And 30 more).. we have 100 deficit. We keep accumulating this 100 MT everyday.. : Mehra

Mehra suggests that if Delhi can get oxygen from Dehradun and other nearby plants for 2-3 days.

We are definitely not getting into allocation but three plants are 1200-1600 kms away. If you can give oxygen from nearby plants: Court to SG Mehta

Utilisation of tanks etc can become effective. If we have very long distance to cover, each trip is going to take time. Maybe you have plants in UP. Rather bringing all the way from Kalinga our: Court

It appears to be a logical thing. I don't think several people taking decision would have missed. Let some representative of the govt speak to the virtual control room : SG Mehta

If they find there is no difficulty and other States would not be affected..they can. This is a dynamic position. Instead of I responding, Mr Mehra can put it to (the control room): SG Mehta

Nothing is cast in stone. It appears to be a good suggestion. Let some responsible officer talk to the official: SG Mehta

You can make this suggestion to the Committee so that it becomes a more efficient system: Court

allocation was done by empowered group. This Committee is just an implementing Committee: Mehra.

They can take it to the empowered group : Court

Mr Mehta is a very powerful person irrespective of what he thinks of himself. One call from Mr Mehta to whomsoever can make the suggestion fructify. It will cut the red tapism: Mehta

Ask your Chief Secretary to (get in touch with empowered group). I'll definitely put it to them but it doesn't mean that you and I start deciding these issues : SG Mehta

Just send me, I'll send it: SG Mehta

If the court may allow my absence, I've to join the farewell (of CJI Bobde) : SG Mehta

Batra has received 2.5 T at 2 pm : Adv Stayakam

Notice issued : Court

Court records submissions.

Mr Udit has been made aware and instructed to immediately take steps : Court

We have suggested to Mr Mehra that it is desirable to have more persons working with Mr Udit Prakash and their numbers be circulated: Court

He states necessary steps will be taken in this regard: Court

Court records that Mr Mehra and Mr Stayakam be contacted before preferring any petition before it.

We'll circulate the number with the hospitals and nursing names: Mehra

People are calling us: Satyakam

We'll try and sort it out at our end instead of becoming post boxes: Mehra

Court records SG Mehta's statement on strengthening of virtual central control room to monitor availability of oxygen.

Court records the names of officers added to the control room.

With the aforesaid we would expect all hospitals in NCT of Delhi to approach the nodal officer Mr Udit Prakash and such other officers.. in the first instance to meet requirement of oxygen: Court

Let's have a WhatsApp group for hospitals .. : Mehra

You'll have 1000s of messages. You'll start getting good morning messages. When the requirements are met you'll get roses..other says you'll know what you'll get: Court

Dave insists that there should be a continuous supply.

In case, the requirement are not met, before preferring the petition, Mr Stayakam/or Mr Rahul Mehra be contacted who have generously offered their services: Court

Though there have been some improvement, there has been a shortfalls of 100 MT per day: Court records

Court continues to record Mehra's submission.

Mr Mehra has beseeched us to look at the possibility of allocation from shorter distances: Court

The matter of allocation is undertaken by the Centre: Court

We have put it to the SG that the empowered group could look at the possibility of making re allocation so that to reduce the distance. The same would make the process of transportation to and fro more efficient : Court

Mr Mehta states that he is not in the position to make statement. Though the suggestion would certainly be examined. He suggested that competent GNCTD officer send a communication in with regard which would be considered at the appropriate level : Court

Let secretary health GNCTD examine the entire allocation plan and make a suggestion and place it before the central government and the committee without any delay. Same would be examined by empowered group at the earliest : Court

However in the event the empowered group is of the view that the allocation needs to remain unchanged, it may examine making interim arrangement till railways are in the process to transport : Court

Where we've said Health secretary, say Chief secretary: Court

Stayakam assures that the issue being faced by Bram is being looked into.

Can CNG gas cylinders not be used ? : Court

They look very similar : Mehra

May not be not liquid. But in gaseous form.. : Court

If you can use them, that could be used to provide oxygen. That could be a way out : Court

We'll find out: Mehra

These cylinders could be filed up and supplies can be made : Court

Mr Senthil (Central Government officer) says it can't be done : Ms Monica Arora for Centre

Dave says there was news article that Centre wanted to use CNG cylinders last year.

Maybe they studied and found it was not feasible, says Court.

Problem today is challenges of transportation: Court

Oxygen has a specific requirement in terms of presume and temp: Senthil

We are not talking about liquid oxygen: Court

Just find out if CNG cylinders can be used for transportation : Court

I believe they would have examined CNG cylinders. I'll get back : Senthil

This is not for long distance travel : Court

This is within the city if you have to rush : Court

We'll get in touch with concerned technical person and mobilise with idea : Senthil

An advocate points out that there is a rule prohibiting refiling of cylinders used for one gas with another gas.

There must be power to exempt : Court

There is a rule of conversion of cylinders also : Satyakam

Court records Dave's statement on supply to Batra Hospital.

We direct GNCTD to keep these aspects in mind .. : Court

We give whatever is given. There was an assurance that 480MT would be given. A lot of this would be streamlined: Mehra

This is an aspect, you should write to them on that platform. Use the channel : Court

We're sure they'll work. You put it to them: Court

We direct Respondents to keep in mind the submissions of Mr Dave ..not just for this hospital but all : Court

Court records its suggestion with respect to usage of CNG to store and transport medical oxygen.

Both Mr Satyakam and Mr Arora state they would take instruction. List for Monday : Court

Right now across Delhi, hospitals have stopped admissions primarily because of oxygen : Mehra

This is something.. you have to assure them : Court

Now system is in place : ASG Chetan Sharma

Mr Mehta assured 480MT would come.. it was because of that we held back our order. 480 MT has not come: Court

Whatever is required should be there: Court

We may emphasize that an assurance was given my Mr Mehta that the allocation made for Delhi would be met. However, that has not fructified primarily for the reason that the point of supply are in Rourkela, Durgapur and Kalinga nagar : Court adds in the order.

What asks about the oxygen generators that were to be installed.

We'll take instructions: Mehra

Please go through all the orders and we want to know all compliances : Court

We could take it in a tabulated form : Court

Adv Mahesh Agarwal : today again Max Patparganj and Shalimar Bagh are running short.

You should be contacting the nodal officer who will escalate it : Court

Hearing over.