Thread by @barandbench

[Saturday Hearing at Delhi High Court]

Delhi High Court to hear another plea concerning #OxygenShortage by another hospital.

Justices Vipin Sanghi and Rekha Palli on the Bench.

Hearing to begin shortly.

#DelhiHighCourt

#DelhiCovid #OxygenCrisis

Hospital before Court is Maharaja Agrasen Hospital.

Counsel Tushar Thareja for Batra Hospital also present.

#DelhiCovid
#OxygenShortage #OxygenCrisis

Hearing begins.

#OxygenCrisis #OxygenShortage

#COVIDEmergency2021 #COVID19

Adv Alok Aggarwal: We're running two hospitals with 306 patients. We almost ran out of oxygen last night. We must thank Mr Mehra but we will run out this afternoon. We are discharging patients. We have already discharged. We did beg, borrow in the streets.

#OxygenCrisis

It is the same story everyday. What is the situation on supply front : Court

The officer has not slept the whole time. 24*7 real time monitoring .. he along with all concerned, nodal officers, DMs.. order of contempt is made known. Anxieties are well placed. We are fighting the battle of our lives: ASG Sharma

Aircrafts have gone to Durgapur.. logistical difficulties are coming in. Filling of tankers takes time. We are working overtime with State authorities : ASG Sharma

Nodal officer for Centre, Piyush Goyal is online.

Goyal : We have virtual control centre. We are working on minute to minute basis. We passed order under Disaster management Act. Delhi govt also tried to work out something.

They have linked smaller hospitals with larger ones. Supply chain has to be worked out. I was awake the whole night working with Mr Udit (Delhi govt nodal officer) : Goyal

Goyal says there were issues in Haryana, UP.

What about Kalinga Nagar and Rourkela? : Court

Airforce has worked out a plan for Durgapur. Filled up tanks can't be brought via air. Not aware of other two locations: Goyal

Court asks about Railways.

I believe something is being worked out for other cities including Delhi. No stone is left unturned: Goyal

We don't want to interrupt your work but place with information before us : Court

What is the schedule, turn around time. Place that before us.. so that allocation is met : Court

There are 106 in critical care. I'll have to otherwise discharge patients. We need immediately some oxygen so that bare minimum is met : Maharaja Agrasen

Today it is you, yesterday it was some other. We are reading the papers. We are aware of the situation: Court

Yesterday we said go to the nodal officer so that whatever supplies are there, they could be rushed : Court

We would require security cover. We are not able to take anymore patients: Maharaja Agrasen Hospital

Whatever is going to be the intake, we will supply. We can't create oxygen out if thin air. There is a solemn assurance..by Centre: Senior Adv Rahul Mehra

As a responsible govt,the responsibility falls on you also : Court

Mehra appears for Delhi Govt.

Court asks Delhi govt to set up own oxygen plants.

This issue was raised yesterday. We said they should look at the mapping, allocation. We have already said that : Court

Allocation is of 480MT.. we are getting 350-380MT. Yesterday we received 295 MT. Instead of increasing, if my MT get reduced: Mehra

Suppliers have no supplied : Mehra

Why? Which of those? You have a central control room : Court

Mehra says communication is on real time basis. Net result is before the Court : Mehra

Court asks Mehra to tabulate why oxygen supply was falling short.

Inox has a complete chain. Though Inox was to supply initially, we now have Air Linde and others who are just producers. Inox will go there and pick it up. Inox is not under any contract. Some days they do, some days they don't : Mehra

Right now because of total chaotic situation... completely mismanaged functioning. We are micro managing. Please formulate something right now. If we don't get 480, there is some incident going to happen: Mehra

This entire functioning will collapse in 24 hours if we don't put our house in order : Mehra

All 480 with a time line must be given to the Delhi Nodal officer.. : Mehra

When it will come to Delhi, which tanker.. so that we are able to create a schedule for 24 hours. Right now we are giving for 2-3 hours because we don't have it : Mehra

That commitment must come in writing from Central Government: Mehra

Delhi govt should have 10 IAS officers at the top monitoring it. And 24 danik officers. We have 140 hospitals and nursing homes : Mehra suggests.

14 danik officers*

We cannot take it easy. These are human lives. Delhi govt has consented to it. We are creating a back up team. Mr Udit with his best intentions can't do it alone : Mehra

Some hospitals have a hold on the supply chain and even they can't get it.. wherever these plants are situated, local officers are sitting there. They are only rationing it at the end. They are diverting to their own States : Mehra

Any specific instances will have to be brought to life. We will initiate proceedings right away: Court

I will do in in-camera proceedings. Otherwise they can't function : Mehra

This definite info will have to be placed before us : Court

I will try and persuade them and come on affidavit: Mehra

We are not going to spare anyone. Whether junior or senior. Even Centre is strict about it : Court

Ms Sumita Dabra : I would like to place the narrative from our side. I'm not aware where these figures are coming from. We had issues in Panipat. It is sorted out..

140 MT movement has gone.. : Ms Sumita as she says that she was informed that there were no problems expect local logistics in Delhi.

There is no clarity on how much has to go to which hospital. I've informed Delhi Govt: Ms Sumita

There is last mile disruption in delivering of oxygen, says Ms Sumita

I don't know where these numbers are coming from: Ms Sumita

Delhi hospital demand was 326 on April 22. This is an ongoing thing. Pressure is on the same system. Delhi govt has to see the system is strengthened. Same hospitals are demanding again: Ms Sumita

She says there was some confusion with respect to supply from Inox to Agrsen.

What has been allocated must be translated. Let them say Delhi govt is doing abc which is wrong and that's why supply is not coming : Mehra

Address the Court not outside: Solicitor General Tushar Mehta

We know what is going on. Let us concentrate on the problem. Whichever supplier it is coming from, that 100 has to go to which particular hospital: Court

Exactly this.. there is a cascading effort. We start doing pro rata distribution : Mehra

Mehra again presses for supply for 480MT.

It has been fourth day today : Mehra

It will continue for 3-4 days more till there things iron out. Let's stop this I vs They narrative : SG Mehta

I would avoid saying all those things for three reasons. I would not sensationalise.. we must be very careful of whatever we say here.. it is creating panic : SG Mehta

There is some communication gap. All my officers are secretary level officers. Let some responsible officer of State be here: SG Mehta

An officer unlike us would be dispassionate: SG Mehta

Is Mr Udit here : Court

He's the nodal officer and is constantly answering sos calls : Mehra

Let the Chief Secretary be here: SG Mehta

The court is dealing with a human officer. I don't want any officer to waste time here but my officers are here to assist : SG Mehta

Human problem*

We are not on Chief secretary. We are saying there is merit in the point. If there was someboidy from your side.. that information could be shared : Court

There are two queries. Every query..we have placed everything on record.. instantly we have given answers: Mehra

Mehra shares the info on supply of oxygen to Delhi.

Inox was our best supplier. On 105, he is giving at 84.09 ...out of 480, it is 309.41 : Mehra

380 to 309. There is drop. There is drop of 170 from promised amount: Mehra

We have sent letter to the Central government on supply of oxygen through proper channel .. : Mehra

Let us come to the point. Otherwise we are wasting a lot of time : Court

Centre should be kind enough.. we would request if they could immediately take a call if this : Mehra

If oxygen express is going to happen in 24 hours, we need not go anywhere: Mehra

What is the change over time, what is the schedule, quantity. If all this can be communicated, we can plan : Mehra

Has your nodal officer raised with the Centre: Court

Yes : Mehra.

What is the purpose behind saying all this before this court : SG Mehta

I would insist let a responsible officer say all this. These discussions have taken place: SG Mehta

I'm not taking ab adverserial stand. Mapping is interfered with if there is an emergency somewhere. That's why no other HC is being controlled. My officers are going this pan India: SG Mehta

I spoke to Nodal officer on Delhi (on no supply from Rourkela). The supply was ready but nobody was there to take it. All other States are collaborating for tankers, railway. For Delhi, it's like they are to be served on the platter. We are helping States: Goyal

Delhi officers need to do that : Goyal

Please don't treat it as an allegation : SG Mehta

It appears that officers in Delhi govt are not aware of the rule.. : Court

I'll request the Chief Secretary to join..let that go away and then we can concentrate on the order : Mehra

I've been requesting from day one. Theree is some communication gap : SG Mehta

Situation in Batra Hospital.. 33 are in ICU and 160 require oxygen.. I received a tanker which will last not more than one hour : Counsel Tushar

We will also run out : Maharaja Agrasen

Ultimately you have to go to nodal officer. We are not in a position to direct supply: Court

We are not going to say supply to one and don't supply to another..as situation develops, we are dealing with it : Court

This 20 MT which was to come from UP has not come bevy tanker was not arranged. If there are any other issues, Mr Goyal : Court

When do you think 480 will start coming? : Court

Yesterday 25 people died because we didn't have oxygen supply : Jaipur Golden Hospital mentions the matter.

We are literally gasping for breath : Senior Adv Sachin Dutta

The court is doing it : SG Mehta

We've already lost lives. Patients are losing lives. We have 30-45 mins oxygen left : Dutta

Rakesh Malhotra says Delhi govt allocation to hospital has to be shared.

One hosp has for 5-6 days, and others are gasping.. : Malhotra

Because we don't know how much is being supplying to whom : Mehra

We are going to issue a direction that your nodal officer be informed which supplier is supplying how much to whom: Court

They are not disclosing it to Delhi govt because of past contracts : Mehra

There has to be an end to end check. Hospitals should also share with us : Mehra

Mehra says suppliers should also disclose why they are not supplying.

Next is refilling units .. which hospitals can do there. These units should tell which hospital is given how much and at what time. Right now we don't know the supply or demand line : Mehra

There has to be some mechanism at Delhi Govt level. There has to be some system: SG Mehta

We are putting a system in place : Mehra

Start it immediately: SG Mehta

You start your allocation immediately: Mehra

This is not MY allocation. This is our allocation : SG Mehta

Mr Mehta, just tell us we want a definite date. When is the 480 MT coming. It was your assurance.. : Court

480 is still to see the light of the day. This is the only problem today: Court

Nobody is saying you are not working or being unfair.. citizens can't be allowed to die like this : Court

I know my responsibility. I'm not saying anything. Let's try and not be a cry baby : SG Mehta

#OxygenCrisis

There are groups working on this. We will update : Ms Sumita Dabra from Centre.

In roorkee, vehicle didn't reach from Delhi. Maharashtra is mobilising vehicles and sending them. State Govt is taking a lot of interest: Ms Sumita

There are no heavy industries in Delhi. You don't have nitrogen, argan tanks. They can't do it: Court

Sumita Dabra says needs of States are given to a sub- committee on transportation.

UP moved oxygen from Bokaro for Lucknow and Varanasi in 48 hours. Railways has not received requisition from Delhi but I will update: Sumita

I spoke to CS, Delhi. I asked him to work out a mechanism for real time update. Right now we are on request basis : Goyal

Give time to Delhi govt officers to sort it out and take our help : Goyal

The chief secretary is in a meeting with suppliers. He will join as soon as that it over : Mehra

OSD health has already joined : Mehra

SG Mehta and Mehra break into a verbal scuffle.

Whole day yesterday we called your officers, they didn't do anything: Dutta to Mehra

We've been trying to conduct these proceedings in a pleasant environment. Let's not raise our voice Mr Mehra: Court

We don't lose are cool. We don't take it that way : Court

Your tone and tenor should not be offensive : Court

This is not the time to settle these.. it really pains me to say this.. Don't use adjectives. When we are dealing with something more important.. : Justice Palli.

The production.. supply line is secondary. Where is the production happening: Mehra

Let's focus on 480, everything will be sorted : Mehra

Production is not a problem: Goyal

Goyal takes the Court through the additional allocation.

This is readily available. Problem is of logistics: Goyal

Have tanks been sent to Rourkela and Kalinga nagar? : Court

Railways says they are waiting for tankers from Delhi. We have huge stocks on East side. 15k MT + is there: Sumita Dabra

Delhi doesn't have tankers. Mr Mehra you do that ( write to the sub-committee) : Court

OSD Health Ashish Verma, Delhi govt joins.

There seems to be some action gap: Court

Certain steps which you were required to take, you have not : Court

Once this virtual room is there, you are expected to be doing these things directly through them and not through us. When other States are doing this, there's no excuse why you are not : Court

Ms Dabra is saying there is no shortage. Even for that (arrangement of tankers) there is a body : Court

Usually suppliers have tankers. Tankers are in factories. Tanks are being captured by local authorities: Mehra

Till such time can't be put a mechanism in place: Mehra

Mechanism is there but till the time you don't move, it will not work : Court

You are also administering Delhi. Independent of the political help, the bureaucracy knows what to do. You do that: Court

Air liquide is not providing tankers. Delhi govt with limited resources, got tankers and is sending them : Mehra

You are talking about tankers in vicinity.. what about the three locations.. : Court

If tankers were available in India, would we have imported: Mehra

This letter, formal letter will do. This was raised in the war room : Mehra

Court asks Delhi govt officers.

What endeavour have yoy made on tanker front : Court

We are seeing what we can do with Nitrogen, Aragn tankers in Delhi : Verma

You don't have tankers in Delhi : Court

We ate contacting them (Centre) : Verma

Then there is a perception that oxygen has been allocated and (supply will come): Court

We will widen our efforts: Verma

What have you done? Have you contacted the plants? Have you made an effort there? : Court

It was three days ago. .. whose fault is it why is it not coming : Court

If their (Delhi govt) house was in order, I would not be in a predicament: Dutta

Let's not resort to this (blaming): Court

SG Mehta says govts talk to suppliers for tankers.

Delhi govt can discuss with suppliers. Many govts are doing that : SG Mehta

We have been engaging with suppliers. After a lot of frantic calls..we are also facing challenges: Mehra

Mehra says Inox allocation has been reduced.

Court : Let's have a production discussion. Why are you bringing it again and again.

Now that Delhi govt has been sensitised.. on this forum you've been told. Please start this process right away. So that tankers are made available: Court to SG Mehta

It shall be done . Let's not stop them (from requisitioning tankers) : SG Mehta

Please arrange the tankers so that they can be transported to Delhi : Court

Tankers can't be brought back filled up : SG Mehta

Yes, we're aware. Train is also ready we're told : Court

Mehra reads the court order on SG Mehta's assurance.

Once tanker reaches Delhi, wish there is some system to supply to each hospital allocation wise. UP has gps tag for real time tracking : SG Mehta

You should have somebody looking at procuring tankers for Delhi and other UTs: Court

We have not faced with problem elsewhere. All States and UTs are arranging on their own way: SG Mehta

We don't need the order for starting : SG Mehta

Other aspect is .. it was in papers. According to IIT, Delhi, peak will come in mid May... it's ba tsunami. How are we trying to build the capacity: Court

How are we preparing as on date to deal with mid May. What are the projections.. we are know this disease has a low mortality...some will eventually die. What is not good that where people who could be saved, we are losing those: Court

It is our responsibility to see that those who can be saved are brought back from death : Court

We should be able to reduce mortality: Court

This is being considered. Praying that it doesn't come true. There may be a rapid rise. We have to be ready for the worse. This is not to create panic: SG Mehta

50k MT oxygen is being imported. Others areas are being augmented. Wherever possible, oxygen production is being tapped : SG Mehta

Message has gone from PM and HM to suppliers that if they send oxygen to chosen parties, you would straight go to jail : SG Mehta

SG Mehta says some Delhi hospitals don't have storage capacity and it's being looked into.

Ms Sumita Dabra said there was spike in Uttarakhand and supply for Haryana had to be sent there: SG Mehta

So far we have ensured that nobody in the country was left without oxygen: SG Mehta

Court points out Jaipur Golden.

It has to be examined whether it was oxygen or something else. But I take it as it is : SG Mehta

We have written to every authority possible for oxygen supply. My name is not even in the list of supply : Maharaja Agrasen

Please contact nodal officer: SG Mehta

We have done that : Maharaja Agrasen

Delhi govt be requested to put it in the list : SG Mehta

Root of everything is 480: Mehra

Mehra reads Court order on supply from shorter distances to Delhi.

On 21st, there was an assurance. On 23rd, it was for Delhi govt to write to Centre : Mehra

This is going again and again : ASG Sharma

Have you written to Centre on re allocation: Court

Yes : Mehra

You send anything to me, please do not make it a public broadcast issue. I'm sure you will not not it : SG Mehta

Not do it*

Mehra shares the letter to Centre with Court.

What we had in mind was not the exercise done by you: Court

The chart gave pan India supply allocation, says court.

What we wanted was for you apply your mind and suggest in a positive way that instead of abc, given from efg and these States can get from this place : Court

We'll place it in the manner : Mehra

Person dealing with your request, his answer is where will the other state get it from.. as if you're not concerned about other people thye are serving : Court

Make a positive suggestion : Court

We will give a detailed request letter : Mehra

Yesterday I spoke to the officer and answer was that the allocation was made in presence of State officials. Delhi Special Secretary was aware : SG Mehta

SG Mehta says it can still be relooked into.

These three places were added after consultation with Delhi official : Sumita Dabra

Today also we are sitting. We are sitting with manufacturers and considering constructive suggestions: Dabra

When do we expect the supply of 480. Whoever is at fault is at fault. Ultimately citizens will suffer : Court

Delhi will have a meeting with suppliers. Railways is ready. It's just tankers. UP brought in 48 hours : Dabra

Do something. Don't just say Central govt will facilitate: SG Mehta

We need to have pan India allocation for giving constructive suggestion..can we be supplied it : Mehra

That allocation is already available. That was shared with us : Court

We will do this exercise: Mehra

Regarding transportation, centre will look into the mechanism and Delhi govt would send a letter : Mehra

It should have been done three days ago: SG Mehta

It was because of your assurance: Mehra

Your officials will also not be so naive, says Court.

They are staying Durgapur is ready. What about other plants? : Mehta

Tankers are the issue : Court

For the time being, since tankers have gone to Durgapur, could you transfer 100 MT from Durgapur? : Court

We'll examine. There may be other tankers from other States: Dabra

This would definitely be looked into without prejudicing other States : SG Mehta

Mehra says submissions was 480 would be supplied in Delhi.

If they are not available, you get back to central group: Court

I checked with sub committee.. because of huge surge, there is shortage of tankers. Hence imports.. even States govts are working every hard. They've spoken to industrialists. Delhi, Centre have to work together: Goyal

Help us to help you : SG Mehta

Two industrialists have been contacted. Most states govt have already taken the tankers.. we are doing whatever best .. : Mehra

Alright both of you work together.. it you can't, role of central government will come : Court

We will direct suppliers to provide information : Court

SG Mehta says supply to private contracts have stopped.

Let that figure (on supply) come to us : SG Mehta

There has to be transperancy: Court

They can't leave the hospitals in the lurch. Yesterday I lost 21 lives: Dutta

Delhi is not an oxygen producing State. If they don't know, how can they communicate: Court

Would the court at least direct NCT of take necessary steps. They are already in last 45 mins : Dutta

Adv Prabhsahay Kaur : We have 5 mins left and 40 mins backup. If 10 MT can be given to these four hospitals, we will tide over today.

#OxygenCrisis

Counsel press for police security.

We will direct: Court

There was a Delhi govt order which disrupted supply yesterday: SG Mehta

You can keep the Hospitals in confidence so that they can inform the families: Dutta

We have heard enough: Court

Our name has to be added. We have 300 people: Maharaja Agrasen

The Nodal Officer Delhi is in touch with suppliers. I personally have been taken update from him. It is not that he is not aware. Supply is there. Issue is of transportation: Goyal

We are fully aware of everything of Supply front : Goyal

We are not aware of what is being finally delivered to which hospital. One hosp has 4-5 days when others are suffering: Mehra

No State is finding this difficulty. There should be some introspection : SG Mehta

There is complete apathy of your officers, Mr Mehra: Dutta

Prabhsahay Kaur appeared for Saroj Super Speciality.

Issue notice : Court

Court begins dictating the order.

Once again we are faced with the same issue: Court

Court records the submissions.

Court takes note of all four hospitals before it.

The problems that Delhi continues to face arise primarily on account if the fact that supply of oxygen even at the allocated rate is not taking place. Reasons appear to be several: Court

So far as Durgapur is concerned, tanks are being filled. Railways in waiting to transport as soon as it is loaded: Court records

For Rourkela and Kalinga nagar, we have been informed that GNCTD has not arranged tanks: Court

Court records submissions on Delhi having no tanks.

Let GNCTD take steps in this regard with help of the sub group. In case tanks are in short supply, we are hopeful that Centre shall create a system for rotational use : Court

SG Mehta says this may be said in the order.

We're only making a suggestion. Order is to consider the suggestion. We're just trying to nudge you : Court

We are being informed on 4th day that they are unable to arrange the tankers: SG Mehta

They are all aware of it : Mehra

Cut that out. Say Mr Mehta says Centre will look into the issue so that arrangement is made for transportation of liquid oxygen in coordination with GNCTD: Court

Efforts by GNCTD cannot be discounted. Can't leave it to central government: Court

Their assurance is there. Gas it there. Even today they are not saying it is not there. If takers are available, gas is available, they'll examine (sending more from Durgapur) : Court

A lot of things are said there. We don't know how much is being said there : Court

Mr Mehra has stated that yesterday only 309 MT was received till mid night. We are informed that this was on account of arrangements not being made of cryogenic tankers : Court

GNCTD should therefore make all out efforts for procuring cryogenic tankers : Court

Sub group should help in this regard. We expect officers of both govts to coordinate in this regard : Court

We direct all suppliers to provide complete details of oxygen they supply in Delhi by providing details of hospitals. Details be given to the Nodal officer: Court

Court records Mehra's submission on expanding the team to monitor supply of oxygen.

Even the re fillers are not providing info. We provide re fillers to provide complete into the GNCTD. Once complete team is readied by GNCTD, it should be communicated to hospitals and uploaded on website: Court

Mr Mehra you provide that info (on oxygen plants in Delhi) on Monday: Court

Court asks govt to consider augmentation of resources in view of experts claiming that peak of the present wave was yet to be reached.

Mr Mehta states govt is conscious of this : Court

GNCTD should also look at this aspect : Court

What is the central and State govt of Delhi looking at. We should know what steps are being taken for augmentation for Delhi: Court

Two tankers have already reached Delhi. They will reach others also, just contact the Nodal Officer: SG Mehta

Maharaja Agrasen seeks police cover.

Others also seek oxygen.

They will do. We have passed the orders yesterday: Court

Let authorities address the demands of oxygen: Dutta

Any quantity that is available be provided so that we tide over.. life is very precious. Even doctors won't be able to help : Batra Hospital

We will be losing more lives : Jaipur Golden

We have 40 mins of backup left. Nodal officer is not answering the phone : Saroj Super Speciality

They are working: Court

What does he do (when there is no oxygen) : Court

Requirements have been taken note of by Mr Mehra and Satyakam: Court

Court says their demand will be considered when oxygen is received during the course of the day.

Court says there is a chart of suppliers.

We have 500 beds. We can't go to re filling centres: Batra Hospital

We are not in the position to direct.. we are trying to do what we can. It's not that Delhi govt has oxygen. We are also concerned about the lives : Court

In case any security arrangements are required, Delhi police shall provide the same : Court

Let us not divert police staff. Let them consider the same : SG Mehta

We know how people react.. let's not have a law and order situation: Court

Let's not presume things. Micro managing may not be advisable. Police dept is cognizant: SG Mehta

That's what we've said : Court

Court proceeds to adjourn the matter.

Mehra raises issues again.

Everyone is aware of it. Why take such passionate pleas for headlines.

SG Mehta says position is such because of Delhi govt's incompetence.

This is not for this fourm : Court

Hearing adjourned.