Saroj Super Specialty Hospital, Rohini has moved the Delhi High Court seeking urgent critical supply of oxygen to it after Max Hospitals.

#DelhiHighCourt bench of Justices Sanghi and Rekha Palli is hearing the matter.

Sr. Adv. Rahul Mehra is pleading for Delhi govt: In a nutshell if I can place it before my Lords, there are different plants from across the country from where oxygen has been allocated to us. Though allocation has gone up, in reality, 80-100 MT is what we've all received.

Mehra: Therefore, we are receiving various distress calls. In some places it is not even hours, it is in minutes (availability of oxygen).

Solicitor General Tushar Mehta: Rahul, only one question, whether you have received instructions from your Secretary earlier, or is it right now?

Mehra: I am not going to be examined by a Solicitor General, I'm here to appear in my individual capacity as officer of the court.

Mehta: It is not a cross examination it is a question.

Mehra: Whether it is the Chief Secretary, or Addl Secretary, a mechanism should be put in place. These are officers de hors the govt. Whether state or central we have to assume that they are responsible.

Mehra: The Chief Secretary himself is briefed on the matter I don't know if I've to go any higher.

Chief Secretary Dawra joins the hearing.

Mehta: I'll just take the liberty to brief her.

He briefs her.

Mehta to Chief Sec: I have sent you the information on your WhatsApp, not necessarily repeating it here to avoid creating panic.

Sanghi: We have just been informed that the plants are not honoring the allocations made, as they've been taken over by locals.

Sanghi: Also, 3 of the plants are too far. So you should ensure that your allocations are honored.

Mehra: We spoke to Air Liquid Plant in Panipat, apparently hurdles being created and only those tankers are being allowed to pass which are meant for Haryana.

#Oxygen

Mehra: We have no issues in getting from Orissa or anywhere else, if the tankers can be airlifted.

J. Sanghi: My researcher has prepared a very nice report, have shared with you as well. It has to come either by rail or road due to air compression issues, it can't be airlifted.

Sanghi: The empty tankers can be airlifted back to plants.

Mehta: Whatever is the true position must be informed to the court properly.

Mehta: There is an allegation it has to be informed on affidavit.

Court: If you give it on affidavit, it will help them sort out the issue.

Nayyar: They do the allocation, and I do it on their instructions. I have acted as per their instructions.

Nayyar: Problem is Delhi is running short.

Sanghi: Problem is not with you, but with other suppliers.

Mehra: Historically, we've been allocated 140 MT from Inox. What was 140 MT has been reduced first 60 MT, now has come to 100 MT. Still 40 MT is short.

Mehra: I've just read a tweet of Dr. Sangeeta Reddy from Apollo Hospitals, Delhi. It is alarming.

Mehra reads out the tweet: "As I tweet, an oxygen tanker is outside the gate of Air Liquidae, Panipat", it is not being allowed to move.

Mehra: What is a better affidavit?

Mehta: What are you doing?

Mehra: Just doing what you taught me yesterday, that tweets can be put out in court.

Mehta: Then you haven't learnt properly.

The tweet in question: https://twitter.com/drsangitareddy/status/1385124956002930689?s=08

Chief Sec: Dehradun cases are also rising, yet we have given priority to Delhi. The nearest sources have been tied up. Rajasthan, UP too cases are increasing, so we have to make allocations accordingly.

Court: We are not getting into that right now. What we are telling you is that tankers are not being allowed to come into Delhi? Then what is the point of paper allocation (of oxygen) if they are not being allowed to transport?

Court: Maybe you can let Air Liquidae give to Haryana, let Inox's allocation to Delhi increase (if these transportation issues are there).

Mehta: I've been instructed, that if the officers get into this personally, they will be dealt with departmentally, I'm using slightly less harsh language. We must deal with a sense of urgency.

Sanghi: Maybe the Home Ministry will have to act on this.

Court Master: J.Rekha Palli is unable to join due to connectivity issues.

Nayyar: I'm saying this off the record -

Sanghi: One minute please.

Mehta: Can your Lordship assemble after 10 mins?

Sanghi: 3 pm then.

Mehta: We have to act as responsible individuals rather than acting as an unhappy girlfriend.

Satyakam: The tankers are also being blocked in Faridabad, from Kasipur 30, Roorkee 20 we are getting but major allocations from Panipat and UP are blocked.

Mehta: This is definitely a more accurate assessment.

Mehta: We have to have a larger picture in mind.

Mehra talks of a hospital where a breakdown has come around, doctors are asking to discharge patients as there is no oxygen.

J. Sanghi: The earlier we leave him for instructions the faster it will get done.

Court resumes proceedings.

Justice Vipin Sanghi: Is the Solicitor General here?

Court: Except those who are reporting others kindly leave.

Mehta: The Central Govt has passed an order under the Disaster Management Act, giving directions for all states and UTs.

Mehta reads out the order.

Mehta: Secretary, MHA has joined.

Secretary: MHA is making all efforts to ensure that tankers are not stopped. We were able to restore movement of stopped tankers by evening. Tankers of about 140-160 MT left by evening.

Court: Problem is that it has to be supplied everyday, it's not a one-day thing.

Secretary: I've spoken with the Nodal Officer for Delhi and the Chief Secretary Haryana and have been ensured no more problems will arise.

Secretary: Suppliers are giving to various hospitals, the Nodal Officer, Mr. Udit - an IAS Officer of UP Cadre - makes adjustments to ensure that no hospital faces shortages.

I've requested him to join, maybe he can join now.

Court requests others to leave, as there are interruptions in the proceedings.

Mehra: I'm sorry but I can only respond to My Lords, I can't keep responding to Mr. Mehta.

Mehra: 140 MT is the total allocation as of yesterday, 80 MT is how much we received yesterday, we were only able to lift that much - have already shared why. Today not a single MT has been lifted. I don't know where these instructions are coming from.

Mehra: They keep saying talk to this person, that person, I don't know how the proceedings shall continue like this.

Court: Mr. Mehta whoever is the erring officer will be dealt with very strictly it's a criminal offense.

Court: You've passed the order, please see that it's implemented. They're saying 80 MT from yesterday, 140 MT or howsoever much from today, if that comes, maybe people will be able to breathe for a little longer..

If government wants they can make heaven and earth meet.

Mehta: There has been a very healthy development. Mr. Salve has informed on behalf of one corporate that they are ready to supply nearly 500 MT of oxygen available with them immediately.

Court: We don't have the power, or we would've had the Chief Secretary, Haryana right before us.

Court: We are just on the fact that your influence in Haryana is much more and using that you could liason to allow movement of tankers.

Mehta: Your Lordships, you have to give credit to me that I didn't mention SC matter at the outset.
Court: We've no problem if it goes to SC

Court: SC is the more powerful court.

Mehra: In a lighter vein, whenever Mr. Mehta seeks time in High Courts now we are scared.

Sr. Adv. G. Tushar Rao: A colleague's mother is admitted in a particular hospital where they've been issued a letter asking to take the patient out, about an hour or two back. This is the fallout. Hospitals saying take the patient out as we can't supply oxygen.

G Tushar Rao: How can they ask the critical patients are already in hospitals to get out? This is in the UK Nursing Home, Mrs. Poonam Kalra. If only the Delhi Govt could pass an order asking them not to do this.

Mehra: Also, if they can pass an order deploying para-military forces and put a corridor in place, it would help the tankers move. Any more time lost would result in loss of more lives, we have already waited 24-48 hours.

Mehta: They should also be using oxygen more carefully, if the doctor is saying no more oxygen required to be given externally, patients should not insist.

Rao: I'm only talking of hospitals where they are being asked to leave.

Court: Which hospital is this?

Rao: The UK Nursing Home in Vikaspuri.

Another hospital seeks to move saying they have only 3 hours of oxygen left.

Mehta: We have already assured that action being taken. My Lords may pass an order.

Court dictates order.

Court: We have been informed that supply of oxygen to Delhi has been obstructed. On this, Mr. Mehta has assured that the Central Govt shall ensure supply of 480 MT of oxygen to Delhi in terms of order dated Apr 21.

Court: Yesterday itself we noted that only 200-250 MT of oxygen was received in the day until we passed the order.

Which are the ones obstructed?

Satyakam: Air Liquidae, Panipat, Inox, Moti Nagar -

Adv Bhargava: No, Inox is not obstructed.

Court takes note.

Court: Mr. Mehta has shared an order has been passed by the Central Govt on Apr 22 under provisions of the Disaster Management Act. We are informed that local authorities at Panipat have obstructed the lifting and transport of oxygen from Air Liquidae, Panipat.

Court: Yesterday as well the supply of oxygen from Faridabad border to Delhi was obstructed for several hours.

Court: The Addl. Secretary MHA is also present who has informed that they were in touch with the local authorities after which some oxygen was released, however, the position has not completely changed.

Court: We also direct the authorities concerned who are bound by the order passed under the Disaster Management Act to ensure strict compliance. We direct that non-compliance will invite criminal action.

Court: We direct that Central Govt to ensure allocation takes place as planned and transportation of the tankers takes place unhindered. Adequate security to be provided to lorries transporting the oxygen, to move without obstruction.

Court: Immediately type out this order.

Court: Atleast from Panipat we should ensure whatever can come, comes, that'll atleast save some lives. You know that your one word to Mr. Khattar will do the job.

Rao: Can you please direct the hospital to ensure that the patient is not removed?

Court: If the hospital is out of oxygen and patient is serious..

SG Mehta: Please be assured whatever I can do in my personal capacity, I will do.

Nayyar: About contempt action against Inox -

Court: We would not like to issue contempt against Inox at this point..

Mehta: Let all allegations come in an affidavit. I have placed all my officers who are answerable before the court. Let the Delhi Govt do the same. Either an affidavit or officers..

Mehra: Officers are represented by a lawyer, I am representing them.

Adv Shyel Trehan pleads the issue of medical assistance/ benefits for laborers.

A corpus set up under the Building Act has nearly Rs. 3k crimes corpus. The DDMA passed an order after the High Court's order directing for food kitchen to be run.

Court: Let us restrict the matter only to medical assistance and not get into other issues.

Trehan: The only other thing is that the Unions were worried that the entire corpus shouldn't be wiped out.

Court: We or Mr. Mehra can't guarantee that.