Thread by @barandbench

Supreme Court to hear Centre's appeal challenging the Karnataka High Court order of May 5 directing it to immediately increase the allocation of liquid medical oxygen (LMO) to the State to 1,200 metric tonne (MT) per day amid the COVID-19 crisis.
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#oxygen

Appeal states that the High Court order "would ultimately lead to mismanagement of resources and create a further chaotic environment in an already overburdened system".

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Hearing to begin shortly

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SG: if the high courts start directing then it will be unworkable

Justice Chandrachud: we have read the order and we know sequence of events. we will say it is a well calibrated and thought out order

SG: Centre is and cannot be averse. there are several high courts where such petitions are filed. if every high court directs then scheme of things will be unworkable

Justice Chandrachud: see the last para of the order

SG: As an interim measure it was directed to supply cap of oxygen to karnataka to 1200 mt everyday

Justice Chandrachud: Karnataka said even on a projection of 3.95 lakh cases its 1800 MT and it has crossed 4 lakh. now its minimum requirement is 1100 mt.

Justice Chandrachud: its extra ordinarily and calibrated exercise of judicial power

Justice Shah: we will give you 15 minutes to argue also but please read para 9 of the order.

SG reads the Karnataka HC order: SC saying HC has correctly directed supply then you are in principle arguing that high courts can direct such a thing

Justice Chandrachud: its state government Mr Mehta

SG: if every High court start this judicial exercise then where will this lead. we will sort this out with karnataka today

SC: we will not interfere with this today. its a well considered exercise of power by HC. If it was a breach of executive power etc then we would have considered.

Justice Chandrachud: we have told you that a committee is being formed but till then we cannot ask High courts to shut their eyes to it

SG: What will happen if high courts order such things. Madras High court is also looking into this. I leave it to you

SG Mehta: this leaves room for every high court to start examining and allocating oxygen.

Justice Chandrachud: we are looking at a wider issue. we will not keep the citizen of karnataka in lurch in the meanwhile.

SG: please don't say this. it means an institution wants to keep citizens in lurch. please order that this be not treated as a precedent

Justice Chandrachud: Centre has challenged a HC order under Article 136. The Karnataka HC has directed Centre to reconsider representation made by state on April 30 granting liberty to the state to submit an additional requirement of projected oxygen.

Justice Chandrachud: Centre has been directed consider the representation within 4 days. However as an interim measure centre has been directed to increase the oxygen cap with immediate effect to 1200 mt per day.

Justice Chandrachud: hc has also observed that depending on the representation by state it will pass further orders. Centre has argued the allocation is pan indian issue and HCs order such things under 226 then things will become unworkable.

Justice Chandrachud: Centre says it will hold a meeting with karnatakaka. Having considered all of this. cap which was prescribed for state of Karnataka

Justice Chandrachud: allocation till April 30 was 832 MT and was increased to 865 MT from May 1. May 5 it was 961 MT. For the limited purpose to decide whether this court can interfere here we need to know that Karnataka has projected..

SG: please don't go into merits.

Justice Chandrachud: then you withdraw the SLP we will not order

Justice Chandrachud: Karnataka had projected 1162 MT. HC decision was calibrated one and in pursuance to the state demand.

Justice Chandrachud: HC order does not preclude a resolution reached by the centre and state. we think the exercise of power under Article 226 was a well thought out and calibrated one and thus we decline to interfere.

Justice MR Shah: why do you allocate a quota when it cannot be adhered to within 48 hours?

SG: every state has some quota allotted. some quota will come away from far away places.

Justice Shah: you are mapping, but look into their problem also.

SG: with a source which is not unlimited we are trying our best. as a lawyer I feel if High courts are allowed to intervene like this then it would hamper the pandemic management. there will be nothing but chaos.

Justice Shah: we are doing that. but it takes time no?

Justice Shah: we are conscious of the difficulty faced by the central government

SG Mehta: for the nation..

Justice Shah: centre is nation !

SG: it will have to have a holistic approach..

Justice Chandrachud: our concern is what happens till our orders have materialised. we have been chief justices judges are also humans. The judges have seen deaths at kalburgi and other places. please understand the human aspect

SG Mehta: Centre has seen deaths all over. thus we are taking a holistic measure. excercising power under article 226 is not the solution

Justice Chandrachud: we want to avoid the grave injustice in the meanwhile. we are looking at the pan India issue and order will be uploaded

SG: Allahabad HC is on the verge of directing a lot of things...

Justice Shah: Madras too..

Justice Chandrachud: now that the dust and din of the matter has settled, we would have wanted to hear the three eminent counsels of respondents but not needed now

Senior Adv Abhishekh Manu Singhvi: we have filed an application for Rajasthan. Rajasthan is on crying need and we request it to be heard on Monday

Justice Chandrachud: we are disciplined members of the court, please mention it before CJI NV Ramana

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Before Senior Adv Singhvi submitted..

Justice Chandrachud: no no, we are done now..

SG Mehta: your purpose is served..

@DrAMSinghvi : Mr Mehta is looking at it like a purpose is served litigation, I am not

#courtroomexchange

Matter over

Bench rises

[Breaking] "It was a well-considered exercise of power," Supreme Court refuses to interfere with Karnataka High Court oxygen allocation order

report by @DebayonRoy

#SupremeCourt #Karnataka #OxygenShortage #COVIDSecondWave

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