SG Tushar Mehta adds a survey last evening has revealed all major #Covid
hospitals have sufficient #oxygen & there wasn't a single complaint of stock-out. A large quantity of #oxygen received y'day is still to be distributed by #Delhi, prolonging the turn around time. S
SG Mehta's note further points out #Oxygen to #Delhi has come at the cost of demands by some other states & under the orders of the #SupremeCourt.
Justice MR Shah: Delhi is alright but major part of our country is rural #India. Equal distribution system to rural india is a must. What about rural India? It can't only be about big cities. Rural #India is suffering.
SG: Whenever there's an urgent demand, we divert tankers going to some other states to #Delhi
Justice Shah: That's not right.. To take bread from somebody else..
Mehta: I repeat casualty in other states will be beyond our control when we have been ordered to give it to #Delhi.
On a suggestion by the #SupremeCourt to include the doctors waiting for #NEET & nurses who have completed their trainings, SG Mehta points out that a 3rd May office order of health ministry has already asked all states to include them in #Covid management.
#SupremeCourt suggests doctors should be incentivised by additional marks in #NEET.
SG Mehta accepts the suggestion, saying he will put it to the competent authority in the ministry.
Amicus Jaideep Gupta: In Himachal, they are being given ₹1500 to 3000 per day.
SG: One lawyer had also sent me this #WhatsApp but it turned out to be false. Besides, it will be more like an insult to them.
SC: So, it appears to be a fake news.
Sr adv Rahul Mehta appears for #Delhi Govt: All officers are answerable to L-G. Centre gets minute by minute update. So to cast aspersion on officers of Delhi may not be appropriate.
Mehra adds #Oxygen audit may not be ordered today because this might divert officers, resources.
Rahul Mehra, for #Delhi Govt: Tankers ought to have been taken over by the Centre for an equitable distribution. Allowing the states to capture tankers wasn't right. The distribution by the Centre also shows lack of application of mind and arbitrariness.
#Delhi Govt again opposes constitution of a committee for #Oxygen audit but the court clarifies its platform won't be used for a witch-hunt or recrimination against any government, Centre or states.
"We only want to strengthen your hands," says the court.
Hearing resumes in the #SupremeCourt with Rahul Mehra reading out from the Centre's affidavit to say an additional 210 MT to #Delhi is less than 1% of what they have. It isn't proper for Centre to say other states will suffer because of additional supply to #Delhi, he adds.
Mehra, for #Delhi Govt, says people in #Delhi are dying & the Centre shouldn't be allowed to reduce #Oxygen supply.
Rahul Mehra submits in #SupremeCourt that Centre's allocations of #Oxygen are arbitrary & if an audit is required, it is required to examine these allocations & the tankers.
Mehra urges SC not to pass any order on #Oxygen audit today. He adds this may be against the spirit of saving lives when Centre hasn't been fair in allocation & distribution.
SG: It would be very petty on my part to respond to Mehra's accusations.But I will answer factual issues
SG: I never asked to audit only #Delhi. My submission is regarding developing a system of evaluation. I've been saying from the first day there has been a systemic failure. He doesn't keep repeating people are dying. We are equally concerned.
SG: People have given mandate to this government twice. People are in the heart. But we can concerned not only about #Delhi but the entire country.
Our concerns is that there has to be a mechanism in place for proper allocation & distribution.
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Open access to courts is a valuable safeguard to constitutional freedom. Freedom of the press is a facet of constitutional freedom of speech & expression: #SupremeCourt holds.
#SupremeCourt emphasises on the freedom of the media as it deals with an appeal by the @ECISVEEP against scathing observations against it by the #Madras high court on Apr 26.
"Real-time updates of court proceedings are extension of freedom of press and principles of open courts. It will only bolster public participation in dispensation of justice. There can't be any gag on such reporting": #SupremeCourt
Suo motu case on #COVIDEmergency commences in the #SupremeCourt with SG Tushar Mehta saying all efforts are being made to comply with the court order to give #Delhi its 700 metric ton of #Oxygen.
#SupremeCourt, however, questions Mehta why the Centre argue before the #DelhiHighCourt that 700 MT wasn't the number fixed by the top court. It adds it was only after this denial by the Centre that the contempt notice was issued.
Centre's formula on allocation of #Oxygen has to be more scientific; it is too general at present, notes #SupremeCourt, asking SG till the time a better formula can be evolved, Centre should inform how it will cater to #Delhi.
No breach of 50% ceiling to give more reservation, says five-judge bench of the #SupremeCourt as it refuses to consider reviewing Indra Sawhney verdict of 1992.
#SupremeCourt also quashes Maratha reservation in so far it breaches 50% ceiling of reservation. It violates equality, rules SC. 2018 state law is nixed.
The five-judge bench also upheld validity of the 102nd constitutional amendment & rules that the Central Govt alone has the power to determine socially & educationally backward classes (SEBCs). States can't have a separate list of SEBCs & @rashtrapatibhvn alone has the authority.
#SupremeCourt comes down heavily on Central Govt over #FarmLaws, questions its consultation process and the insistence to implement even in face of such protests.
SC asks Govt if they will stay the implementation of the law or the court will stay the operation of the #FarmLaws.
Court says it wants to form a committee which can then submit a report on these laws.
"Extremely disappointed with the manner the Govt is dealing with the issue..matter has only become worse," #CJI reprimands Govt.
#SupremeCourt expresses anguish at Secretary of the Maharashtra Legislative Assembly's letter to #ArnabGoswami, questioning him how did he produce the missives sent to him by the Speaker & Privilege Committee since they are confidential in nature.
#CJI: How can someone be thrateaned like this? How can someone be stopped from approaching a court by extending him threats like this? We don't appreciate such conduct. We will want an amicus to assist us on this.
"Any authority in the country can penalise someone for approaching this court. This is in teeth of Art 32. How dare this officer wrote something like this in his letter?" #CJI adds, reproaching the Secretary of the assembly.
#SupremeCourt is likely to adjourn today's hearing on the new Ordinance on ait pollution in Delhi-NCR.
#CJI to SG Tushar Mehta: There are many commissions, many brains working but ensure there is no smog in the city.
Sr Adv Vikas Singh, in lighter vein: Last time my lords said that Mr Mehta will be personally responsible if something happens to any one of us. I am coughing now.
Mehta: I will advise Mr Singh to stop consuming a few things.
SG Mehta informs the court that the members of the Commission have also been notified. The Commission will start functioning from today itself.