Thread by @barandbench

[Sunday Hearing]

Delhi High Court is hearing the case concerning #COVID19 in the national capital.

#DelhiHighCourt
#OxygenCrisis

@CMODelhi

Senior Adv Rahul Mehra for Delhi govt is making submissions.

Where does the Centre get that it is admittedly Delhi govt's responsibility to get tankers. The court has said it Centre's : Mehra

Pre surge what was happening was allocation was made keeping in mind the capacity of supplier and it was the responsibility of the suppliers to ensure that they pick the oxygen in their tankers and deliver to Hospital directly. There was no point of a govt to interfere: Mehra

When surge happened, the state couldn't be a mute spectator. Centre took over the plants and starting allocating to States : Mehra

You have altered the position but you didn't address the problem of how the order was to be translated into practice: Mehra

Half of my capacity in Delhi was disturbed by making Inox supply to other States by not making alternate arrangements for Delhi: Mehra

My suggestion is...Take over all tankers across India and equitably distribute it: Mehra

All States.. majority may not have a problem because they have been allocated the supply that they asked for. Delhi has bene given less than 40% : Mehra

There are letters after letters to show that we have been asking for more. You distrub by suppliers, tankers : Mehra

Where do I get the tankers from? Every local officers is Manning tankers in their States. I've done better than Centre. I got 7 tankers.. as if from thin air : Mehra

I've done it in the last one week. Onus was on Central govt but we did it in larger interest. We built capacity of 133 MT : Mehra

Can Centre not give us for the other 100MT that Centre has alloted us: Mehra

There were 18 tankers which Adani.. generously consented to be our CSR partner.. while we were negotiating, Linde brought up an issue.. it wanted that these tankers hav we never been utilised for hydrocarbon transport: Mehra

It was flagged after we closed our conversation with Adani. The entire industry.. we are greatful. Everyone has reached out to us and tried to help us. Each one of them : Mehra

We realised that 15 were those which two years back were used for hydrocarbon. We tried to persuade them that the dealer would clear it up .. and they would get a certification. Linde point blank refused : Mehra

I don't know why they did it. What is it ? Why are you creating obstacles when all over the world people wash it and reuse it.. there is a pan India, international norm. We are doing everything that is required: Mehra

Adani said it has no objection. They are one of the biggest importers on tankers. If Linde gives it a go ahead. We will get it in 24 hours. It's not that we are going anything: Mehra

Let one instance we brought.. how Delhi officers are transferred in second. To throw mud in the open...it is easy to say officers are not cooperating: Mehra

They are not super humans. Please respect officers. They are withering crisis minute by minute. Yesterday there was sos from every single medical facility: Mehra

This is not me creating a rhetoric here: Mehra as he narrates what happened before Court yesterday

Despite this pressure to say that State is not being managed properly.. is it justified : Mehra

Now I have a message of 1:11 PM (yesterday). He (Officer) had alarmed the war room.. we did not state anything to extract an order from the court as is being said in the application (by Centre) : Mehra

If I had not placed the message before court I would have failed in my duty : Mehra

If Centre thinks it was wrong, I apologise.. Grant us three days time. All we've been doing is file status reports. Our bandwidth is very less : Mehra

This is very uncalled for application. My Senior colleague may withdraw it. No prejudice would be caused... It was only because of the order that lives were saved : Mehra

Yesterday, Delhi High Court had directed Centre to ensure supply of oxygen to Delhi.

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Solicitor General Tushar Mehta: I must first acknowledge the work being done by Delhi officers.. they are also working shoulder to shoulder. There is not even a remote suggestion.

The nation should be thankful to them (centre and state both) : Tushar Mehta

In spite of being informed that there was a meeting for 8 containers, Mr Udit Raj (Delhi govt officer) did not attend.. : Tushar Mehta

Tushar Mehta screen shares the WhatsApp Message sent to the officer.

This was 16:40 hours. It was a virtual meeting. It is not my intention to say that he was negligent. I'm just saying lack of effort.. this principle that you do it in any circumscribes whether they do it or not...affects the totality of things: Tushar Mehta

My common sense tells me that 1-2 individuals doing so many things at so many levels.. it is bad management: Tushar Mehta

For admitted responsibility.. the court has passed an order, a judicial order : Tushar Mehta

I have made a statement on affidavit, we are objecting to shifting of liability.. Centre is helping. Lakshadweep is arranging tankers. It's a matter of innovative thinking. Just approach the Central government: Tushar Mehta

It's not pointing fingers.. kindly give me the credit to explain context. I maintain there is systemic failure.. every hospital at the last minute comes to court and we're fire fighting: Tushar Mehta

Can't hospitals tell that 12 hours down the line that we would run out. Systematic failure doesn't mean the government has failed : Tushar Mehta

The system should be working overtime in the sense that nobody should be walking up all night.. nobody is burning mid night oil : Tushar Mehta

Mr Mehra is like my younger brother. I will straight away withdraw any statement that he doens't like : Tushar Mehta

I have no intention of offending a good colleague: Tushar Mehta

There are judgements to say that orally transpired before one court can't to quoted before another court : Tushar Mehta

As per the Central government, Delhi govt made misleading statements before High Court with respect to Centre's statement on oxygen supply to Supreme Court.

All mapping has to be done in advance. Have a three day plan and you intimate to the supplier: Tushar Mehta suggests

Systematic failure is not a political statement. It doens't mean that the leadership failed: Tushar Mehta

Can a party afford w situation where citizens of people suffer.. intentions are good but something is lacking somewhere. It can't be done by me or Mr Mehra. People have to sit today. Sit with experts: Tushar Mehta

Every state has done this. Every state has done this. We can't nationalise the tanker. It has to be state wise : Tushar Mehta

I have no intention to hurt or harm. I'm concerned about a system which appears to be.. which might detail the system. Please ask them ti augment tankers. Centre will help : Tushar Mehta

Court says Delhi govt is saying that they wrote to Centre authorities.

Therefore the submission that they haven't made efforts doens't seem to be right : Court

This is something are allegations or counter allegations.. we are dealing with lives of many people. Delhi is on a very different footing. You issued a notification saying Delhi govt is LG : Court

That's not the purpose: Tushar Mehta

Look at the constitutional scheme. Delhi is not an industrial state : Court

Tushar Mehta shares the updated oxygen alloaction chart of States.

The chart shows the oxygen beds in each State and the allocated oxygen.

It's not that oxygen is not sufficient. I'm just pointing out to show that if oxygen supply is properly channelised and used judiciously.. have real time efforts to you.. these last min alarms can be avoided: Tushar Mehta

I would have shared the sentiments of the Solicitor .. if oxygen was being provided to Delhi. To say that Delhi is not using oxygen judiciously, means that doctors are not using it judiciously. Delhi govt is not using it : Mehra

There is complete disruption is system because of the alloaction which doens't consider how it would be transported to Delhi. Systematic failure is at their end : Mehra

We wanted every two hours info on how tankers were moving. Objection was taken by all suppliers: Mehra

We have been raising these issues. Suppliers are not giving info: Mehra

We are nudging them. Court is also aware that..court orders are there to appear before court but they are not. In this crisis I can't even take action against them: Mehra

I never even asked for 1k MT before this Court : Mehra

How cab centre day that Delhi has been asking for only for 490MT. I have never said we want 1000k. I said 976 is what Delhi should be given based on bed projection: Mehra

Nothing of that kind (seeking 1k MT) was said : Court

Sita Ram Bhartiya Hospital: I have 30 mins of oxygen left.

Venkateswara Hospital: Nodal officer is not responding..we have 1 hour left.

Institute of Brain and Science also raises SoS.

SG Tushar Mehta says Delhi govt needs to adopt the Kerala Model.

This is a suggestion: Tushar Mehta

There is a war room. We can always better ourselves: Mehra

We are below 500. This is on reserve: Maharaja Agrasen

Mr Stayakam has taken note : Court

422 MT has come in from midnight to midnight yesterday. 32 MT has been loaned by Haryana govt to Delhi . That makes it 454 for yesterday: Mehra

Whatever we received has almost been exhausted. Till 8 am we received 107 MT. In transit was 7MT: Mehra

We manufacture wise data..on 29, 441 MT. 491.33 MT on 30th and 441 on 1st: Sumita Dabra

There are some discrepancy. : Court

These figures can be checked by officers: Tushar Mehta

We don't consider in transit: Mehra

There was to be time wise.. you have to fix it.. there is no solace to say it is in transit : Court

It has to be there for use : Court

There seems to be some confusion.. I would say that all officers are really working hard. We don't have as many tankers for the country. That's why we are importing. We are working on war footing: Piyush Goyal (central government officer)

Ms Dawra's data is as per sales.. it would not take more than 20 mins to collate : Tushar Mehta

They should also see why this difference is arising.. : Court

Principle cannot be ...sale means place an order. Supplier may take hours to fill.. you may have blocked the sale four hours earlier. Logically it should be when it reaches Delhi: Court

That can be worked out.: Tushar Mehta

We'll take it up on Wednesday. Let them file a reply : Court

Tushar Mehta urges court to modify order, remove contempt part.

That's the last thing on our mind. We know officers are working hard. We know Ms Dawra contracted the virus.

It may have a snowballing effect. Centre will support: Tushar Mehta

No other State is facing this problem..: Court

Why? : Tushar Mehta

Because they are getting their oxygen: Court

I would not go by rhetoric: Tushar Mehta

We'll hear on allocation aspect tomorrow : Court

I made submission before Surpreme Court in different aspect and different spirit: Tushar Mehta

System is to be put in place..: Tushar Mehta

Adv Ashok Sharma for MD City Hospital: we have stock of one hour. We have 140 patients. Let things be coordinated with supplier.

I'll take it up : Satyakam

My heart is sinking. I've been at my toes for 10 days : Sharma

Complete requirement is not being taken care of: Sharma

Nobody's requirement is being taken care of : Court

They are not receiving 480-490. How are they supposed to give you : Court

I need micro: Sharma

That you have to talk to the dealer..sort it out: Court

We have 40 patients and half an hour oxygen left: Brain and Science Institute

Why do you have to take Linde clearance only: Court

That's the supplier who is not able to deliver.. : Mehra

We are in talks with two other groups.. it's an evolving situation. This was is from United Arab Emirates: Mehra

We are doing whatever we can : Mehra

You file a reply. We'll consider it on merit: Court

Mr Rao, place before us the legal and constitutional (aspect) : Court to Amicus Rajshekhar Rao

Rao reads a letter written by Pt Jawahar Lal Nehru to all States on "concerted efforts" in times of criss.

A large chunk of it can be taken offline: Rao

There is a seepage that is happening and we have to see: Rao

We have to be looking 10 days ahead also apart from looking at 24 hours : Rao

Rao says a tender was floated by Centre for oxygen and the same has to be expedited.

Mehra points out the order of 29th.

I don't want to read it. If it can be complied with by Centre: Mehra

Madhya Pradesh, Maharashtra.. : Court

You said defer this issue, so we didn't pass an order: Court

Only what we require is a system. Why something is more or less may not lie before Delhi High Court: Tushar Mehta

We'll make our submissions: Tushar Mehta

Natonal issue.. it has its own implications: Tushar Mehta

We'll take up this application on Thursday: Court

We had directed that we should be hearing the submissions of counsel of the aspect of alloaction of LMO to Delhi o. Monday. We shall hear it on Wednesday on request of counsel : Court

Ld amicus has prepared note on legal issue whether the responsibility to arrange tankers would fall upon.. : Court

Please do not go into it. That would impair the entire nation: Tushar Mehta

That's what your application is : Court

It would cause serious harm to COVID management. We can't have the luxury of constitutional arguments: Tushar Mehta

It would be serious harm to fight against COVID: Tushar Mehta

Delhi would be prejudiced : Mehra

Would the court have a situation where every State says we can't arrange tankers: Tushar Mehta

Nothing of that sort will happen: Mehra

This Delhi centric..: Tushar Mehta

You are before Delhi High court: Mehra

If resolution requires resolution of stand taken by Centre and Delhi govt ..: Court

We are keeping the issue. Let Mr Rao suggests a modality. If we are driven into the issue, we will : Court

A lot of this unnecessary.. time is being spent on stuff that can be taken offline: Rao

Amicus may circulate the note on legal issues. He may also suggest ways to resolve the issues without going into the legal issues : Court

I want to thank Mr Mehra and Mr Stayakam: Maharaja Agrasen

They are doing something which is beyond their call of duty: Justice Rekha Palli

Rao suggests expediting imports of oxygen concentrators.

Just WhatsApp me a small note. I believe problem has been sorted out : Tushar Mehta

Adv Amit Mahajan says he would share data with Rao.

Senior Adv G Tushar Rao says oxygen flow meter is being sold for 4k as opposed to the actual price of 800.

They are conducting raids everyday: Court

They must be afraid that even if God forgives, goverment will not : Tushar Mehta

We direct State to ensure that none of the medicines or equipments are sold higher than MRP. Any person in violation shall be booked and brought to the notice of this court for independent action: Court

Whatever distribution (after medicines or equipments are seized) is done, can be placed before the Amicus: Court

Let the supplier as per their alloaction today inform the hospitals about their supply time for the next three days, Rao suggests.

Both centre and state have a responsibility towards the citizens.. both should tell what is their point of action with respect to tankers if the demand increases. We don't have enough tankers for seamless supply: Rao

Two of the big plants are doing to have their own oxygen plants : Mehra

We are going to direct that..this has been the biggest learning: Court

Senior Adv G Tushar Rao: it should be a condition to construct a hospital.

Adv Arun Adhlaka says refillers are seeking as much as 20k for a refill.

Court asks Delhi govt to make a helpline for this.

I would urge my colleagues to either inform me or Mr Stayakam. We'll treat it as a complaint and send it to crime branch: Mehra

It has to be dealt with an iron hand. It's playing with people's misery: Court

We would like icmr to make some graphics, videos for people on how to use oxygen: Court

And what to buy: Rao

Mehra says there is a Delhi Police tweet.

There is already a helpline to report on over pricing, black marketing etc: Mehra

Everyone may not be on Twitter: court

We direct GNCTD and Commissioner of Police to give wide publicity to the helpline #23469900 : Court directs.

Hearing over.

"We are objecting to shifting of liability:" Central government moves Delhi High Court against order to ensure supply of oxygen to Delhi

reports @aditi2118

#DelhiHighCourt

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