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Uttarakhand HC pulls up Centre for “callous attitude” on oxygen allocation

Thu, 20 May 2021 11:26:15 +0000

Image Courtesy:nationalheraldindia.com

The Uttarakhand High Court continued hearing the suo motu matter on Covid management today, and reportedly pulled up the Central Government for not appearing before it to discuss the oxygen allocation to the state of Uttarakhand.

Bar & Bench quoted the Chief Justice Raghvendra Singh Chauhan saying, “I fail to see why someone in the Central government fails to see the logic. I am surprised to hear that someone has said that he is too busy to appear. If he wants, I will issue summons. This shows the callous attitude of the central government.”

What upset the Bench also comprising Justice Alok Verma was that the oxygen produced in Uttarakhand was being given to other states without fulfilling its own requirements. “Why is it that the government is not conceding to a reasonable request of the state? Instead of diverting our (Uttarakhand’s) oxygen to Uttar Pradesh? All we are saying is, instead of asking us to import oxygen from Jamshedpur and Durgapur, which takes time, costs, why can’t we take it from our own backyard?”, remarked the court.

The court was further irked at the absence of the officer representing the Centre to explain how the oxygen allocation is being done in the state. According to a Bar & Bench report, the court said, “Ask the concerned representative of the Central government department to explain. I will not take this answer that I am too busy to attend the court.” The court was apprised that Uttarakhand is being allocated 183 metric tons of oxygen, currently.

Amit Negi, a government official in the Chief Secretary’s office, also reiterated that the Central government is yet to respond to the communications made to it with regard to the issue. “I am surprised at the callous attitude of the central government. Every request that the State of Uttarakhand is making is falling on deaf ears”, said the court.

Court pulls up State for violations during Char Dham Yatra

The Division Bench slammed the State Government for not ensuring compliance with Covid protocols while holding religious events or gatherings like Kumbh Mela and Char Dham Yatra amid Covid-19.

The Bench reportedly observed that in Badrinath and Kedarnath, priests have been defying Covid-19 appropriate behaviour. LiveLaw reported that Chief Justice RS Chauhan said, “In Kedarnath and Badrinath temples, I have seen videos that social distancing is not being followed by the Priests. Even if the deity is being worshipped, you can’t let 23 priests enter the temple. Who is the person appointed by the State to monitor this?”

He further added that such videos are causing embarrassment to the State. “First, we allowed Kumbh Mela, 2021 and now this is being done (Char Dham Yatra). Please get a chopper and visit Char Dham, go to Kedarnath and Badrinath and see for yourself, what is happening,” he said to the Government counsel.

CJ Chauhan: Such videos are causing embarrassment to the State of Uttarakhand, first we allowed #KumbhMela2021 and now this is being done. Please get a chopper and visit #chardham, go to #Kedarnath and #Badrinath and see for yourself, what is happening.#UttarakhandHighCourt

— Live Law (@LiveLawIndia) May 20, 2021

The court went on to say that the Government is accountable to the people of the state, and at a time when the priority should be to protect its people from Covid, Black Fungus, the upcoming third wave, decision makers are carelessly conducting the Char Dham Yatra.

The court through its order on May 10 had ordered the state government to adhere to the Standard Operating Procedure (SOP) issued by the Char Dham Management. But with some viral videos and social media posts, the court noted that none of the social distancing norms are being followed with a large number of priests moving around in pilgrimage centres, Badrinath and Kedarnath.

On May 10, the court had directed, “Although the Char Dham Yatra has been suspended by the Government, the Government must ensure that the SOP issued by the Char Dham Management is adhered to strictly. Moreover, the steps required for implementing the said SOP should be worked out immediately by the Government in association with the Management of the Char Dham.”

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Show cause why contempt action should not be taken for failing to supply oxygen to Delhi: HC slams Centre

Tue, 04 May 2021 14:13:57 +0000

Image Courtesy:indiatvnews.com

In today’s hearing before the Delhi High Court, the livid Bench of Justices Vipin Sanghi and Rekha Palli pulled up the Centre and asked them to show cause as to why contempt of court action should not be initiated for non-compliance of orders passed with respect to the supply of oxygen to the National Capital for Covid patients.

Bar & Bench quoted the court saying, “We direct the Central government to show cause why contempt action should not be taken for non-compliance of our order of May 1 and Supreme Court order to supply the required oxygen to the Delhi Government.”

LiveLaw reported the Bench telling the Centre, “Are you living in ivory towers? Where are you living?… What you’re saying is that because the Delhi Government didn’t raise the demand people should be allowed to die now? Is this what it’s come to? You want to quibble while people are losing lives?”

The Court has accordingly directed the presence of Central government officers, Piyush Goyal and Sumita Dawra, on the next date of hearing after noting that the required supply has not reached the Delhi government.

On May 1, the Delhi High Court had directed the Central Government to ensure that Delhi receives the allocated quantity of 490 metric tons of oxygen today (May 1) itself “by whatever means”. The Bench had noted that although the said quantity has been allocated by the Centre to the Delhi government, it has merely been a “paper allocation” since the state has not received the supply.

Similarly, the Supreme Court also directed the Centre to ensure that the deficit in Delhi’s demand for 700 metric tons of oxygen per day is rectified on or before the midnight of May 3, according to a SabrangIndia report. It urged the Centre and state to cooperate on the issue and make sure the supply remains steady. “In the battle of shifting responsibility of supplying/off taking of oxygen, the lives of citizens cannot be put in jeopardy”, recorded the order.

But despite the High Court and Supreme Court orders, the court noted today that till date, oxygen had not been supplied to the National Capital either in terms of the Supreme Court order on 700 metric ton or its order on 490 metric ton supply.

The Additional Solicitor General (appearing for the Centre) Chetan Sharma, tried to argue that the Supreme Court had not directed the Central government to supply 700 MT to Delhi. But the court responded`, “We disagree. A plain reading of the Supreme Court order shows that the Supreme Court has directed the Centre to supply by making good the deficit…”

In the order dated April 30, the Supreme Court clearly recorded in its order, “Having heard the submissions of both counsels on the issues pertaining to supply of oxygen to GNCTD, we note that the Central Government (on page 63) in its affidavit dated 23 April 2021 has admitted that the projected demand for GNCTD as of 20 April 2021 had increased by 133% from 300 MT/day to 700 MT/day. According to the figures of allocation given in the affidavit dated 23 April 2021 and the presentation given by Ms Dawra, the existing allocation of GNCTD remains at 490 MT/day. This situation must be remedied forthwith. The situation on the ground in Delhi is heart rending.”

The court had added, “During the course of the hearing, the Solicitor General has assured that henceforth he will ensure that the deficit of oxygen is rectified and supply is made to the GNCTD according to their projected demand (which may be revised in the future) on a day-by-day basis. We accept his submission and direct compliance within 2 days from the date of the hearing, that is, on or before midnight of 3 May 2021.”

Thus, today the High Court disagreed with the ASG’s submissions. Bar & Bench quoted the Division Bench saying, “We reject the submission that GNCTD is not entitled to receive 700 MT per day in light of existing infrastructure. It pains us that the aspect of supply of oxygen should be viewed in the way it is done by the central government…We see the grim reality everyday…The situation has come to this that hospitals have had to reduce the number of beds. On one hand, there is a need to augment capacities to meet the rising numbers, while on the other, the existing infrastructure is crumbling and available beds can’t be put to use.”

ASG Chetan Sharma reportedly argued that on the midnight of May 3, Delhi received 433 metric tons of oxygen and extra 307 metric tons was delivered on May 4 at 8:15 A.M. “We expect by evening there shall be enough oxygen”, he added. Rahul Mehra (appearing for the Delhi government) responded that it needs 590 metric tons more. “Citizens are dying,” he argued.

To this, based on a Bar & Bench report, ASG asked Mr. Mehra to not get into rhetoric and be so emotional. The court sternly remarked, “This is not rhetoric. Is it not a fact? Sorry, Mr Sharma. You may be blind, we are not. How can you be so insensitive? This is an emotional matter. People’s lives are at stake.”

The High Court recorded that the Centre has failed to comply with the court orders and said, “You (Centre’s counsels) don’t know (about the situation in Delhi)? You may put your head like an ostrich in the sand…we will not,” reported LiveLaw.

The Court also noted that Delhi has no cryogenic tankers that could enable the supply of oxygen. Emphasising on the Central government’s responsibility, the Bench said, “It falls on the Central government to arrange tankers…(else) it only remains a paper allocation. The allocation to Delhi has been in force from April 20 and not for a single day Delhi has received allocated supply.”

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TN gov’t allows partial reopening of Sterlite plant citing oxygen crisis amidst Covid pandemic

Mon, 26 Apr 2021 13:02:59 +0000

Image Courtesy:businesstoday.in

An all-party meeting called by the Tamil Nadu government on April 26, 2021 decided to allow Vedanta’s Sterlite Industries to produce oxygen for a four-month period in light of rising Covid-19 cases, reported news website Rediff.

The reopening of the copper smelter that was shut down in 2018 following pollution concerns, was earlier met with vehement protests by local activists and villagers. Many of them still remembered how police opened fire and killed 13 anti-Sterlite protesters at the time.

Despite that, members attending the meeting, which included Chief Minister K Palaniswami and DMK party members, resolved to partially reopen the plant as per court directive. Earlier, the Vedanta had moved the apex court to help produce oxygen and related equipment to fight the Covid-crisis.

However, DMK leader M. K. Stalin asserted that while the duration for oxygen production may be extended, other activities like copper manufacturing should not be allowed “at any cost.” He suggested that TANGEDCO stop the power supply on completion of four months. Further, he recommended that the plant offer the oxygen supply for free.

While a monitoring body, including locals, may oversee the functioning of the plant in Tuticorin, leaders said that the supply should first be diverted to Tamil Nadu and then to other states.

According to NDTV, Tamil Nadu is suffering from an excess of oxygen-dependent Covid-19 cases, requiring 450 metric tonnes (MTs) of liquid oxygen which is above the state’s production capacity of 400 MTs. Meanwhile, on April 23, the Chief Justice of India S. A. Bobde said that regardless of who runs the plant, the production of oxygen is required to treat Covid-19 patients.

On April 25, the state government recorded 1,20,839 active coronavirus cases with 15,659 new cases and 82 deaths on Sunday.

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