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.
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