The Delhi High Court is hearing an urgent plea currently regarding the immediate need for oxygen at Max Hospitals - primarily, Shalimar Bagh and Patparganj, New Delhi, which have about 2-3 hrs of oxygen left to deal with the Covid-19 situation.

J. Sanghi and J. Rekha Palli are hearing the matter.

Sanghi: We don't care, beg, borrow, steal, requisition new plants if you want.

Sanghi: Today, Max is before us, and we are sure soon there will be other hospitals too. Whatever Inox is supplying, is fine, but we are surprised that despite yesterday's order you haven't done anything.

J. Palli: Stop all industries if you have to.

Counsel Anil Soni: We are doing all we can, a member from my family is also in the hospital.

Sr. Adv. Rahul Mehra for Delhi Govt: Please explore airlifting tanks by IAF, paramilitary. Every minute lives are lost.

Sr. Adv. Monika Arora for the Centre: It'll come on board but will take time.

Sanghi: Max Saket, Patparganj, Vaishali and Gurgaon have urgently moved Court regarding shortage of oxygen.

Court dictates order: Yesterday, we had passed a detailed order, including on the aspect of shortage of oxygen. We were informed that all industrial oxygen is being diverted for medical use except certain critical industries, inter alia, steel and petroleum.

Court: There were certain others running, however, it was not explained as to the nature of those industries. Ld. Sr. Counsel for Inox and Mr. Jain submit that they are producing oxygen to their full capacity.

Court is pulling up the the Centre for failing in catering the need of supplying enough oxygen.

"If Tata's can divert their oxygen, why can't others do it? Is there no send of humanity left?" Justice Sanghi.

J. Sanghi: This Is ridiculous. It means human lives are not important for the State.

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We are shocked and dismayed that govt doesn't seem to be mindful to the extremely urgent need of medical oxygen : Delhi High Court observes
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Delhi High Court directs Centre to take over production of oxygen from steel plants, if necessary from petroleum plants for supply to oxygen even if it means that such industries have to stop production.
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Delhi High Court directs such industries particularly Steel to make their oxygen production available to Central Government
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Delhi High directs Centre to provide safe passage so that oxygen supplies are not obstructed for any reason whatsoever.
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Central Govt Counsel urges Court to not finalize the order & requests for adjournment till tomorrow so that the Secretaries of the Depts can join the hearing.

Bench refuses to adjourn till tomorrow. Bench says it can defer the proceedings for 20-30 mins for Secretaries to join

Bench to assemble again at 9.20 PM. The order has been dictated but not finalized.

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Hearing to resume soon. Solicitor General of India Tushar Mehta joins the session.
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Bench has assembled.

SG Tushar Mehta addressing : I wholeheartedly share the concerns of the bench.

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SG Tushar Mehta : Certain facts could not be placed before the bench. Officers before the bench were from Health Dept. They are not dealing with procurement of oxygen.
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SG Tushar Mehta says that the concerned Secretary is admitted in ICU due to COVID, and another officer is present in the VC hearing, despite being infected with COVID.
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SG Tushar Mehta : Centre is doing everything possible for ensuring supply of oxygen.

He adds that the concerns of Max Hospital will be addressed. Senior Cabinet Minister has spoken to the Delhi Dy CM in this regard, he says.

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SG says as regards the ban on industrial oxygen, time was given till April 22, because technologically industries require about 72 hours to shut down their operations.
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Justice Vipin Sanghi : Yesterday we were told an order has passed that oxygen will not be used except a few listed ones. That list has steel and petroleum. Steel and petroleum we can curtail for some time. Even if done for a week, it will not harm the interests of the country.

Justice Vipin Sanghi : After that order was passed, an amendment was made by Centre. But that amendment was only doing a lip service to our order.

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Justice Sanghi : There is no decision taken to divert captive oxygen produced in steel and petroleum plants for medical purposes.
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Justice Sanghi : We need not tell you that we are dealing with the lives of thousands of people.

SG : It cannot be understated.

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Justice Sanghi : It is not Delhi which requires (Oxygen). The whole country needs. It is squarely the responsibility of State to ensure that Oxygen is available.
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Justice Sanghi : In such a situation, to say that you will allow industries to function, which could be stopped for some time till alternate arrangements are there...that we find it difficult to accept.
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Justice Sanghi to Solicitor General : Why are your not officers able to see this?
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Solicitor General says these decisions are taken at higher levels and seeks an adjournment till tomorrow to take instructions and respond to the court's observations.
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SG says that Delhi CM Arvind Kejriwal @ArvindKejriwal today tweeted that Delhi's oxygen requirements have been met.

Justice Sanghi : Mr.Mehta, this is a continuous requirement.

SG :Yes. I am asking time till tomorrow.

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SG : If it can wait till tomorrow, I can take proper instructions and assist the court.

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Justice Sanghi : Mr.Mehta, the point is citizen can only fall back on the State. So you have to beg, borrow or steal and ensure the protection of fundamental emergency.

Justice Rekha Palli : It is a national emergency. You can direct industries with oxygen to divert.

Justice Sanghi : You have sovereign powers, plenary powers. You can pass directions. Your policy decision to allow industries with captive oxygen to run...

SG : There must be some reason.

SG repeats the request for time till tomorrow.

Justice Sanghi : If you pass an order, o industry will say no to you. You must take over.

Justice Palli : If you assure that none of the hospitals in Delhi will face a critical situation tonight, we have no problem.

SG : Probably, Mr.Mehra(GNCTD Counsel) can assure.

Rahul Mehra, Delhi Counsel, says he cannot shoulder that responsibility.

"It is a question of lives. If it was a commercial transaction, I could have. My shoulders are not big enough to take this", Mehra says.

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Rajiv Nayar says that there is a continuous demand for oxygen.

Justice Sanghi : Mr.Mehta, you have to take a decision right away.

SG : If the state government is showing helplessness, then the court may hear the Jt Secretary.

Justice Sanghi : There is no industry in Delhi producing oxygen?

Rahul Mehra : None. All the industries are in UP or Rajasthan.

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Sumita Dabra, Addl Secretary addressing the court now.

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Dabra says that in April 2020 a decision was taken to draw on industrial oxygen for medical purposes, and it was a crucial decision, which has been hailed world over.

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Dabra : Then we allowed industrial cylinders to be used for medical purposes, after due purging. Industrial tankers were also used for medical purposes. Today we are in a position to use industrial oxygen because of the decision taken last year.
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Dawra : Country's production capacity, both industrial and medical around 7,200 Metric Tonne a day. Requirement is over 8,000 MT now

Justice Sanghi : We were told this earlier, sorry to interrupt you. Every 10 days we have double the numbers. Fact of the matter is that, on ground today, there is shortage of oxygen. We cannot shut our eyes to it. That's the only thing.

Justice Sanghi : Your policy decision that captive plants can use their own oxygen...where you get this from.

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Justice Sanghi : It is the responsibility of state to arrange. You cannot say we can arrange this much and people have to die. We cannot accept that. We cannot see people dying because oxygen is not available.

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Dawra : We have tied up Delhi with many other plants. On April 20, about 500 MT were available and 102 MTs were available with suppliers.
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Solicitor General : If till tomorrow Mr.Mehra can take instructions.

Mehra : There was 140 MTs air liquid at Panipat. In Faridabad plant 60 MTs were permitted to be filled. For 8 hours at borders, our vehicles were not allowed to reach Delhi.

Solicitor General : Can you take instructions till tomorrow instead of abusing each other?

Rahul Mehra : I'm telling the ground situation. I'm grateful to Central Govt for 140 MTs.

Rahul Mehra : We have to micro manage every situation. We have to fight for each vehicle. Allocation is not good if we are unable to take it to the final destination. It is the hospital which says only 2-3 hours are left. How can I as state go against the medical reality?

Rahul Mehra : I am not in a position to make a statement which Mr.Mehta wants me to make. I am sorry. I don't have insturctions.

SG : Sometimes we have to reach out to the Govt like I did.

Mehra : I'm sorry. If Mr.Mehta knows more than me..

#DelhiHighCourt.

Solicitor General : Rahul, somebody wants to give you instructions. Please pick up the phone.

Rahul Mehra laughs : On your instructions?

Solicitor General : Please pick up the phone.

Mehra : I have no calls.

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Rahul Mehra : Officers are not required beyond a point. Our instructions are that there is an alarming situation. Hospitals are facing oxygen shortage.

Solicitor General : My senior minister is in touch with your deputy Chief Minister. Please speak to your Deputy CM.

Mehra seeks the permission of the court to step aside for a while for a call.

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Justice Sanghi to Dawra : Today we are in dire straits. We might lose thousands of lives for lack of oxygen. You cannot turn around and say we don't have it, so you have to die. What we are telling you is - you have to go a step further.

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Justice Sanghi to Dawra : You have to take captive oxygen from industries. If it means that those industries have to shut till imports (of oxygen) are made, so be it. We cannot afford to lose lives. It might be inconvenient. Let it be inconvenient.

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Justice Sanghi : Human lives are more important than commercial interests.

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Justice Rekha Palli : This is the need of the hour. Human lives are the priority.
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Rahul Mehra says that he has not been able to connect with the Deputy CM on the oxygen stock available with Delhi Hospitals.
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SG : If the lawyer says he is not able to connect with the Dy CM, it is unfortunate. I can make a statement that my senior minister was in touch with the Dy CM few minutes ago.

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Justice Sanghi : Mr.Mehta we can take this matter tomorrow. But in the meantime if there is any casualties tonight, it is your responsibility.

SG : Then your lordship may pass an order.

Mehra : I don't know what transpired between Mr.Mehta's client and my client

Rahul Mehra : It is the Central Govt which is the driving city. We don't produce, store or transport. How can we taken the responsibility?
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Solicitor General : There is some lack of communication or honesty somewhere.

Mehra : I have not been able to get in touch with the Minister.

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Justice Sanghi to SG : Can we take your assurance on record that the availability of oxygen of hospitals in Delhi till we taken up the matter tomorrow...

Solicitor General : Let me take instructions...with the change of stand..

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INOX's counsel says that Oxygen tanker has reached the hospital.
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Solicitor General : I can make a statement. We have the responsibility of allotting oxygen. The allotted oxygen will reach Delhi. That is our responsibility. The capacity is 350 which is increased to 480 MT. But internal distribution in hospitals is not our responsibility.

Solicitor General refers to tweets of CM : In every state, the concerned officers of State have to take up the oxygen issue with the officer of Centre. Tweeting the demand will only create a panic and anxiety..

Mehra objects to SG's statements.

Solicitor General : I cannot make a request to your lordships through twitter account.

SG says oxygen demands must be raised by states through proper channel with Centre and not through twitter.

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Mehra : The increased allocation of 480 MT happened during hearing. I don't know when it will reach.

SG : It will reach within 2 days. Please take instructions Mr.Mehra
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Solicitor General : My phones are picked up by Ministers.

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Justice Sanghi : We want to narrow down the issue. As of today, 370 MT is the allocation?

Dawra : We have issued orders for 480 MT.

Justice Sanghi : For today?

Dawra : Yes. Orders were given in the evening.

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Dawra : We facilitate the sourcing of the oxygen. But the transportation and logistics have to be taken care of by the states. Like Maharashtra is doing from Bhilai.

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Mehra : I have informed what happened in UP(regarding INOX transportation). Today we know what happened in Faridabad.

Mehra says Centre has to assure a dedicated corridor with security for oxygen transportation.
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SG : Im agreeing to what you are saying.

Mehra : Please allow me to complete. There is no change in position of Delhi Govt. We require 700 MTs. But we will leave it at that. It can be considered tomorrow.
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Justice Palli : Mr.Mehra, the SG said Centre will assure allocation. Why don't you take care of the rest?
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Justice Sanghi says it is for the Delhi Govt to ensure the distribution of oxygen allocated.
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Sumita Dawra seeks permission of the Court to be excused. Says she is not feeling well (she is COVID infected).

Bench agrees. Thanks her for her assistance.

SG : I don't know what order my lords are going to pass.

Justice Sanghi : We won't pass the order which we had dictated earlier. We will take on record your stand.

Justice Sanghi :Now that it has been stated that 480 MT has been allocated, we will take your assurance that it will be supplied with protection.

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Justice Sanghi seeks for the copy of the order which increased the allocation for Delhi as 480 MT.

Dawar says it has been forwarded to the court officer via whatsapp.

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Bench dictating the order - After hearing the counsels at length, we had drafted an order. However, ASG shorted accommodation for about 40 minutes to take instructions. Consequently we re-assembled at 9.20, when SG Tushar Mehta joined the proceedings.
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Bench dictating the order - Ms Sunita Dawra, Addl Secretary Industries Dept, also joined the proceedings. She is in charge of allocation of medical oxygen to various states in the country in the wake of raging pandemic.

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Bench dictating order - She's informed us that today itself that allocation for NCT of Delhi has been raised from 370 MT to 480 MT was taken today.

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Bench dictating order - She's informed us that the process of mapping the sources of oxygen is initiated.

Mr.Rahul Mehra, counsel for GNCTD, stated on instructions that the NCT of Delhi somewhere between 200-250 MT of oxygen today.

Bench dictating order - He has also stated that there were obstructions for the receipt of oxygen and the same was delayed.

Mr.Tushar Mehta has assured that Central Govt will facilitate the supply of 480 MT of medical oxygen to Delhi in terms of the aforesaid order.

Bench dictating order - He has assured that the Central Govt will ensure unobstructed and safe passage of tankers to Delhi. We take this statement on record.

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Bench dictating order- We hope that the needs of petitioner(Max hospitals) and other hospitals in Delhi are met and no difficulties arise to patients till we take up the matter tomorrow.

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Bench dictating order- GNCTD will initiate the logistical work for the supply of the quantity of oxygen which is said to be not allotted out of the allocated quantity.
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Bench says that the matter will be taken tomorrow.

Solicitor General : To be fair to court, Mr.Mehra was right. He could not connect. He is not at fault.

Rahul Mehra : I have highest regard for Mr.Mehta. I am so small before him.
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