Delhi High Court is hearing plea highlighting the Covid 19 situation and issue of oxygen supply in the national capital.

Justice Vipin Sanghi and Justice Rekha Palli is hearing the plea.
#COVID19 #DelhiHighCourt #OxygenSupply #COVID19India

The plea looks into the aspect of oxygen shortage in hospitals treating COVID-19 patients.

Appearing for the Centre, SG Mehta submits that procurement of oxygen has to be at the national level only.

Referring to letter by Delhi CM to industrialist Sajjan Jindal, Mehta says, "Procurement has to be be at national level else there will be complete chaos. State govt can procure tankers but not oxygen."

Court: Consider these to be request for tankers and not oxygen filled tankers.

Sr. Adv. Rahul Mehra: Yes, this letter is for tankers... and oxygen, only if any spare.

Mehta: Even the spare oxygen must come to Central govt only.

Court: Free hand was only to ask for tankers. Treat this communication to Mr.Jindal as request for tankers. Share sources not tapped with the Centre. They may take that into consideration while allocating.

Mehta: Even if there is any extra with some Centres, court may direct for it to be surrendered in national interest.

Mehra: Also, if there is excess with the Centre in some plant, it may be given to Delhi.

Mehta: Jindal cannot have any excess spare oxygen, Centre has already issued directions that each drop must come to it for medical use only.

On Mehta showing communication from Delhi govt to suppliers, court asks suppliers to show cause why action shouldn't be taken against them.

Sr. Adv. Sachin Dutta for Jaipur Golden Hospital: We made many SOS calls but were told off by the Delhi Govt. Please tell us, how many hours before deaths start happening should we call them then?

Dutta: I was supposed to get 3.6 MT at 5 pm, but I didn't. The Delhi govt's bureaucratic department has completely failed, they don't understand the supply chain and disrupt it. Let me deal with my supplier, let them not come in the way.

Mehra interjects: Mr. Dutta is attempting to politicize everything and deliberately malignant us.

Court: Mr. Mehra, this is not adversarial.

Mehta: I'm not trying to score debating points here but Mr. Dutta's aggression is understandable. The Delhi govt has to take initiative and hold virtual meetings with hospitals, the queues are long. I'm nobody to suggest but you take hospitals and suppliers on this call.

Mehta: If I have 40 beds in my hospital, which may be converted into a Covid hospital due to circumstances, the capacity may be having to be increased. They have a buffer stock, if they say, they 3 hrs, they have 3 more normally but let's not reach that stage.

Mehta: There is enough (oxygen) if it is distributed properly.

Mehta: Let's have a system in place with the hospitals, suppliers, other stakeholders - you don't have to have the Central govt in it, but take decisions in a planned way, so there are no SOS calls.

Adv. Alok Aggarwal: We are hospitals, we can only save lives. I have sent 20 messages to every lawyer concerned here.

Mehra interjects.

Mehta: Rahul this is not adversarial.

Court: Mr. Mehra you'll have the last word.

Court: Mr. Aggarwal, if someone in the Delhi govt has ignored your offers of a tanker, please bring it on record and it will be dealt with very strictly. Please share it with us, so we are able to action today.

Aggarwal: I'll do it today itself.

Aggarwal: My only request to Mr. Mehra and the Delhi government with folded hands, as a counsel, as a human, is that please accept the help that the businessmen are willing to give to you.

Addl Sec Rashika Choudhary: No state government needs to go scouting with businessmen directly for information, we maintain data in a granular manner. Same goes for Mr. Jindal. We know how much he has in which plant.

Mehta: No state can go around on its own procuring oxygen.

Adv Viraj Datar for another hospital: My buffer stock will also run out by 10 pm today. I have sent several WhatsApp messages to officers concerned, but no reply.

Another counsel for another hospital chips in.

Court: Please, please we are already aware of this.

Sr. Adv. Rajiv Nayyar: I've been asked to transport from Air Liquidae, why am I being made to transport? I can generate.

Mehta: This is not just for Delhi, every state has to.

Nayyar appears for Inox.

Siddharth Jain: Delhi Govt has asked us to supply 125 MT, Centre has asked us to supply 85 MT, but we've serviced hospitals with nearly 200 MT. The SOS calls are coming to us by 45 hospitals. Every 2 hrs is back and brain breaking.

Jain: Please appreciate the suppliers' point as well. The Centre has already told us which hospitals to supply to. We haven't slept in 7 days, please issue directions to us.

Court: Please share information which hospital has been given how much.

Jain: Okay but please understand, that why would I not want to give them oxygen, this is my business. But right now half of my staff is down with Covid. My accountants, family affected. My factories are working 24*7.

Jain: My transporter takes 10 MT, dropping 2 MT in every hospital, like a milkman. Midway during deliveries it gets an SOS call and is diverted. I've been doing this for several years, have not got a single complaint pan India from any hospital. It's only Delhi, please tell why?

Mehta: As an officer of the court I ask you why isn't the Chief Secretary joining and giving answers?

Court: Yes, Mr. Mehra, this was raised yesterday too. Let him join and give answers.

Mehra: He was in a meeting with the PM till 12.30 pm, if he can be relieved from there, he will join.

Mehta: The PMO meeting is over, let him join.

Court: We already issued directions on all aspects in a previous order.

Mehra reads out the order.

Mehta points out that Inox's supply chain has been disrupted due to SOS calls whereas Mehra argues that allocation is based on actual delivery rather than allocated amount.

Mehra: As Inox is the best placed supplier, if on humanitarian or GOI order basis they can pick up oxygen from other manufacturers, that would be best.

Court asks Inox if this is a feasible option and whether they can do it.

Jain: We have converted Liquid Nitrogen tankers to Liquid Oxygen, but I don't have the supply chain to do this.

Jain: I am willing to extend help by picking from Panipat but I need clear instructions on whom to supply to in Delhi. The Delhi Govt also has to ask other suppliers to step up.

Court pulls up Mehta: They've got an established supply chain but despite your order they're being held up.

Mehta: It's not because of us. We have issued directions that criminal complaint may be lodged and oxygen tankers are to be treated like ambulances.

Court: Why haven't you reworked your allocation? 21 lives have been lost.

Mehta: Not because of non-supply by me.

Court: It's not reaching Delhi.

Mehta: It's not my job.

Court: It is both of your jobs.

Mehta asks for Central Govt officers to join.

Court: You've given allocations to Delhi from places which don't have tankers.

Sunita Dabra informs court: Several companies picking up oxygen from Air Liquidae Panipat which has increased capacity to 170 MT.

Dabra: Inox has come to pick for Delhi. Inox is not the only supplier for Delhi.

Court is dissatisfied with replies. Central Govt officer Piyush Goyal joins and informs Court of steps taken.

Goyal informs the court that though initially there was no systematic process in place, it has been set right by communication with the Chief Secretary.

Goyal: Tanker has been arranged for Roorkee, GPS system was put in place for tracking the oxygen tankers. The Delhi Govt officials have also been working very hard. We get real time locations of tankers going to fill up, to ensure no obstructions take place.

Court: Please put one officer in place to see that there are no obstructions, put this on the website.

Mehta: We will share it with the suppliers.

Court: We are being told that the oxygen is being sold in the black market.

Mehra: We don't know who is supplying to which hospital, every hospital they can only function if they know what they have for next 3 days. Without that confidence, they won't take admissions.

Dutta: Delhi govt should step out of this supply chain.

Mehra: We will step out completely, please let me finish my submissions.

Mehra reads out an order which states that even refillers are not sharing information on where and how they are refilling, and who they are supplying to - the order directed information to be shared with Nodal Officers.

Mehra: For anyone to claim that Delhi govt has woken up now is nothing but fallacious, I have proven otherwise on record.

Mehra: We get SOS calls every few minutes. Mr. Dutta's clients give us calls, tag us on Twitter, I have been personally forwarding their requests to Mr. Udit the last 2 nights. We are happy to help as it is for the citizens.

Mehra: My Lords, no sane person would want to act against those who are helping them. But we need basic information who is supplying how much to whom, when, driver details etc.

Court: Mr. Mehra, they can but if you increase paperwork to so much..

Court: Your SOS calls have reduced as it is and number of occupied beds have gone down.

Mehra reads order to suppliers to share daily projections, and expected time of tankers to reach Delhi so hospitals know when they are getting how much.

Mehra: Thirdly, even the number of drivers so hospitals know whom to contact.

Court: Will the driver keep taking calls, or drive the vehicle?

Mehra: My Lords, we know that every driver also has an attendant.

Mehra: We just here as a facilitator, to make sure that there is a system and things are not ad-hoc.

Court: Let me ask the supplier if this is possible?

Jain: Let me just cut to the chase - the thing is that the demand is more than the supply. So every two hours we need the Delhi Govt to tell us where to supply, to whom.

Court: Yes but how are they supposed to tell you? They can tell you the per day requirement, say it is 490 MT, and we know 490 MT has not even come for a day, and you get 450 MT - your distribution can take place on the basis of a formula.

Court: So far as intimation is concerned there is GPS, other things Nodal Officer is there. The transparency has to be there.

Court: If you supply 50 MT one hospital, it means the other hospital is not getting which is why you're getting the SOS calls.

Jain: I humbly accept the suggestion, but we need to sit with the Delhi Govt, have hospitals allocated to each supplier.

Jain: I have been supplying for 20 years and will continue uninterrupted supply, if I'm given clear directions on whom to supply how much. We have lots of people down with Covid, are short staffed. If we could get manpower support, would be good.

Court: Is the Chief Secretary here?

Mehra: Yes, Mr. Deb is here. I have just one request, Your Lordships may put your questions, not Mr. Mehta.

Mehra: He's a very senior officer, should not be embarrassed.

Mehta: He won't be.

Court takes over addressing Chief Sec: You've to have a meeting with the suppliers.

Court: Have a meeting with hospitals, nursing homes, so that the flow of gas is done in a good practicable way. The best way to run a system is through people who run the system. You may not have all details.

Court: In today's time to expect someone to keep filling forms.. please don't do that. If I was asked how many matters have you heard, etc. Or if you were asked, what have you done in hour 1, hour 2.. please don't do that.

Court: You need transparency so please take whatever information you want, at minimum intervals but please don't doubt anybody.

Court: Gangaram and other hospitals have suffered casualties and it may be because of this. Hospitals are not taking people, they may die at home.

Court: Mr. Jain has given us information, he's a supplier - either producing his own or picking. So please take him, and other suppliers and work this out.

Chief Sec: I've taken the suggestion.

CSec: It will be completely implemented.

Court: If a supplier comes with 1 MT, and you tell it to supply it to 1 hospital then another 1 MT to another.. rather than doing that have one system in place.

CSec: We will do what can be done to ensure that the existing apple cart is not disturbed.

Mehra: Not that Mr. Deb needs a pat on the back, but he's one of the finest officers. I've been in Delhi govt for 5-6 years, and he's a complete doer.

Mehra: As a govt we are very sincere. It's not that we've only worked in the last two days, but have been working ever since this crisis hit. I know a lot has happened. With folded hands I'm very grateful that he picked up the phone and made some calls.

Mehra: His calls really make a difference. It's his graciousness he may not accept it, but in the last 24 hours both the governments have made efforts in a manner which is absolutely historic.

Mehra: As a govt and in my personal capacity, we need to thank him. 18 cryogenic tankers have been arranged, they're coming in 3 batches.

Mehra: I beseech the Centre that like they've done from Singapore through IAF, if they could do the same from these places (Thailand) by IAF. After they land here if there could be a Green Corridor.

Mehta: I don't know why you keep repeating this, it's already there.

Mehra: There are some 3-4 tankers coming by road, facilitated by the Central Govt, from @JSPLCorporate - i read about it in the @EconomicTimes

Mehra: This is also expected to help. The last request is that they may do whatever they can for Delhi.

Mehta: We are already doing at a national level for all states, you don't need to request.

It has been pointed out that the situation is so bad that 1 cylinder is costing Rs.1 lakh.

Mehra: We are asking for supply information for this only. We suspect black marketing.

Mehra: We are told not to write strongly worded letters.

Court: Please take action, if this is happening. Take them to task.

Mehra: Just need to know if we have to pay the freight for the tankers, or the @IAF_MCC can do it for us.

Court: Please write to them, we are not here to pass calls.

Mehta: We are helping every state.

Mehra: With all due respect we are the only state to be importing tanks.

Delhi Govt asks @IAF_MCC for help in importing oxygen tankers from Thailand.

Court directs the Centre to place before it in a sealed cover details of customs on imports of testing kits and how many imports are held up.

On Mehra's submission that they should be allowed to intimate Central Govt about excess oxygen capacity with any industry, Mehta opposes, says they will start writing to everyone.

He states, "There is no excess capacity, we are using 100% capacity."