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Putting officers in jail won't bring oxygen to Delhi: SC on contempt notice to Centre

The apex court was hearing the Centre's plea against the Delhi High Court regarding the contempt notice issued to it.

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Expressing grave concerns over the grim situation of oxygen supply in Delhi, the Supreme Court on Wednesday asked the Centre about the supply it has made to the capital since May 3, noting that putting officers in jail would not bring oxygen.

The apex court was hearing the Centre's plea against the Delhi High Court regarding the contempt notice issued to it.

“This is not adversarial litigation; Centre and the Delhi government are elected and doing their best to serve COVID-19 patients, Solicitor General Tushar Mehta, appearing for the Centre told the SC. To which, the top court agreed that "putting officers in jail will not bring oxygen to Delhi, let's ensure that lives are saved."  

“Tell us how much oxygen you have allocated to Delhi in the last three days,” the top court asked the Centre and asked it to file a report about the supply.

The Centre had earlier moved the top court on the Delhi High Court’s contempt notice to it on the availability of oxygen in wake of the coronavirus crisis. 

Observing that the SC judges are also based in Delhi, the bench headed by Justice DY Chandrachud said it can imagine what the citizens of the capital are going through due to a shortage of medical oxygen.

The top court also suggested that the Centre should take a cue from Mumbai municipal authority in managing oxygen supplies.

The top court noted that this is a pan-India pandemic, and it is important to find ways to ensure oxygen supply, as we are not answerable to the people of Delhi.

The Centre submitted before the court that it has provided 550 MT oxygen to Delhi, but the top court reiterated that it must provide 700 MT even if it takes the point of Centre that it is way beyond the requirement of oxygen for the number of patients.

The top court emphasized that the pandemic in Delhi is at a very critical stage and asked the Centre to inform by evening how 700 MT oxygen supply is maintained daily for the next four days.

The bench emphasized that it would review its direction to supply 700 MT of oxygen to Delhi on Monday. It further added that for the next 4 days Centre must ensure that the daily supply of 700 MT oxygen is met.

The hearing began in the afternoon on Wednesday after the Centre moved the top court challenging the High Court threat to pursue contempt charges against officials for non-compliance of its earlier order. Chief Justice N.V. Ramana placed the matter before a bench of Justices Chandrachud and M.R. Shah.

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