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Water has gone above head, arrange oxygen now: Delhi HC directs Centre

The high court further directed the Centre to ensure that Delhi receives 490 MT oxygen supply on Saturday by "whatever means".

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People stand in a que at a shop to refill their Oxygen Cylinder in New Delhi. (Image: IANS)
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The Delhi High Court on Saturday rapped the Centre over the shortage of medical oxygen in the national capital amid the raging second wave of the Covid-19 pandemic and directed it to arrange the life-saving gas "by whatever means", saying "water has gone above the head, arrange everything now".

The court made the observation while hearing the petitions on how the health infrastructure is trying to cope with the deadly second wave of the pandemic.

The high court further directed the Centre to ensure that Delhi receives 490 MT oxygen supply on Saturday by "whatever means".

A Division Bench of Justices Vipin Sanghi and Rekha Palli order came when it was informed by multiple hospitals about the shortage of oxygen due to non-supply.

The court also warned that it may consider initiating contempt proceedings against the Centre if the allocated oxygen is not supplied to Delhi today.

"Water has gone above the head. Now we mean business. You (Centre) will arrange everything now," the court said. Multiple hospitals told the High Court that their supplier Linde Air is not providing the oxygen.

The Court said, "Enough is enough and you will make an arrangement". The Court warned that if the order is not implemented, the concerned authority is to remain present in Court on the next date of hearing.

The Court said Delhi is not an industrial state and it does not have cryogenic tankers. The Court noted that eight patients died in Batra Hospital due to oxygen shortage and said, "Will we shut our eyes to people dying in Delhi."

This was the second time in a week that the hospital ran out of medical oxygen. On April 24, the hospital had received a last-minute supply which arrived minutes after its oxygen reserves ran out.

The Court noted that the allocation to Delhi has been in force from April 20 and not for a single day Delhi has received the allocated supply. Additional Solicitor General Chetan Sharma said that everybody is stretched.

"You (Centre) made an allocation. You fulfill it. You comply it," the Court said.

The Court has directed Central Government counsel Amit Mahajan to forthwith take up the matter with the officers of the Central government on supply of oxygen from Linde and others.

The court further directed the Centre to submit its explanation by Monday if it fails to supply medical oxygen to Delhi hospitals.

(With agency inputs)

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