“It is the Central government’s responsibility to ensure sufficient oxygen supply to hospitals. We therefore direct them to protect the fundamental right to life by whatever means,” the court said.
Delhi’s serious oxygen crisis resonated in the High Court on Wednesday as the judges rebuked the centre and asked some pertinent questions, demanding why it was “not waking up to reality”.
While hearing an appeal by the Max Group, which had flagged oxygen crisis in two of its hospitals earlier in the afternoon, the court said: “How is the government so oblivious to the reality on ground? You can’t have people die because there is no oxygen.”
Coming down heavily on centre for still allowing industrial use of oxygen despite its Tuesday’s order, the court said, “This is really ridiculous. You are concerned with the industries while people die… That means human lives don’t matter for the government.”
The court, during the heart on Tuesday, has asked the government to be “sensitive” to the situation. It had asked that oxygen be diverted from industries that consume it the most — like petroleum and steel — and divert it for patients. Economic interests cannot override human lives or “we are heading for disaster”, the court had said.
However, the situation only worsened in 24 hours — with six hospitals desperate for oxygen instead of three — leaving the judges livid.
As the centre responded that it was surprised by the hospital’s petition, the court said: “Don’t get surprised by this petition. You should know the situation… Yesterday we told you about (using) the petroleum and steel industries’ oxygen. What have you done?”
When the Union Health Ministry said “files have started moving”, the judges responded sharply saying, “What is the outcome? We aren’t bothered about these files”.
The court, while pointing out that the Centre has ample resources to deal with any crisis, said the industry has made it clear that it would be ready to help.
“You have your own state-run petroleum companies. You have the Air Force. We have (given) several orders yesterday. What have you done the whole day?” the judges asked.
After the centre submitted that it has floated a tender for import of oxygen, the clearly anguished judges said: “You take your own sweet time (and) people will die”.
“It is the Central government’s responsibility to ensure sufficient oxygen supply to hospitals. We therefore direct them to protect the fundamental right to life by whatever means. If necessary, the Central government should divert all the oxygen from industries for medical usage,” the court said.
Solicitor General Tushar Mehta pointed out that while the Centre is making all efforts to step up the supply of oxygen, industries cannot be shut down by simply flipping a switch.
Refusing the Centre’s pleas for an adjournment of the hearing till Thursday, the court said: “Our concern is not just for Delhi. We want to know what the Central government is doing with regard to oxygen supply across India… The citizen can only fall back on the state. It is the responsibility of the government (to supply). Beg, borrow or steal, it is your job”.
Before adjourning the hearing post 10 PM, the court underscored that it is the Centre’s responsibility if there is any casualty because of oxygen shortage, and asked the government to give an undertaking that it would ensure sufficient oxygen to Delhi’s hospitals till they take up the issue in the morning.
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