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Supreme Court heard Suo-Moto case related to COVID crisis management at PAN India level.

A Full Judge Bench of Justice DY Chandrachud, Justice L Nageswara Rao and Justice Ravindra Bhat, while hearing the matter today, directed the Union Government to submit a ‘National Plan’ with respect to;

1. supply of oxygen
2. availability of essential drugs
3. method and manner of vaccination

On Suo-Moto cognizance and the orders passed by several High Courts, the bench said;

“The jurisdiction under Article 226 is a valuable safeguard for protection of fundamental rights. The High Courts are best suited to take stock of practical concerns of citizens. We find no reason to interdict with that… The Supreme Court cannot stand silent as a mute spectator in a time of national crisis. The role of this court is complimentary and not intended to substitute High Courts.” ~ Supreme Court

Advocate Jaideep Gupta and Meenakshi Arora have been appointed as Amicus Curie in the matter.

Six crucial issues identified by the Court were;

1. Supply of Oxygen: Court should be apprised of the current supply of Oxygen in the country by Centre
2. Steps to augment availability of Oxygen to meet current and projected requirements.
3. Methodologies adopted for availability of Oxygen for providing it in each state.
4. Enhancement of medical infrastructure including projected requirement.
5. Availability of essential drugs including Remedesivir and Fabi flu
6. Vaccination: presently two vaccines have been made available in the country and as on date the vaccination has been extended to all citizens above 45 years. From May 1, this will be increased to above 18. Union of India to clarify projected requirements in view of enhanced coverage.

Union of India to also clarify its modalities with respect to pricing of vaccines; “At this stage of the crisis, an authorised panel of doctors should be formulates so citizens can have due communication on a daily basis”, added the bench.

Just as hearing commenced,

Learned SG, Mr. Mehta: I have filed a detailed reply… This a fight of the nation and that is the spirit with which this reply has been filed. If we win or lose, we do it as a nation and we fight as nation.

Kerala & Tamil Nadu are being praised in this letter by the way they have handled the oxygen crisis.

Justice Chandrachud: However, supremely important for us to be part of this. We are NOT preventing high courts from doing anything. We intend to play a complementary role. We are here for a useful purpose, as a Constitutional Court. We cannot be a mute silent spectator at a time of national crisis.

Learned SG, Mr. Mehta: Centre would never oppose any constitutional court calling upon us to know how we are dealing with pandemic. Please examine what steps we have taken, because there are some perceptions.

Justice Ravindra Bhat (flagging two pertinent issues): 1) Use of Central resources - paramilitary forces, army doctors etc... so what is the national planning for this, 2) What is the Centre’s thinking about the Vaccine price? We should all know these issues. If Centre clarifies this, a lot of issues will be sorted at all levels.

Learned SG, Mr Mehta: Resources at the command of central government are being put to use as required.

SCBA President and Senior Advocate Vikas Singh interjects

Senior Adv. Vikas Singh (for the State of WB): Vaccine pricing is differential for the first time. This will create a huge problem. There should not be different pricing between centre & state…Collective work required.

Senior Adv. Abhishek Manu Singhvi (for the State of Rajasthan): Rajasthan is the largest state and the least densely populated. It has a very galloping rate of infections.

Singhvi tells court that oxygen allocation for state of Rajasthan not at par with dire need.

On some discrepancies with the statement made by INOX, and the correction sought therein,

Court: Go to Delhi HC for a correctional order; we will not micromanage here.

Senior Adv. Rahul Mehra (for GNTCD Delhi): We are all Indians first, we are all in this together. Making it clear that it was not on anyone’s behest that the order by Delhi high court was passed. No coercive steps have been taken and no one has been prejudiced.

Learned SG, Mr. Mehta: We have no issue from any state government. In fact the Ministry of Home has stated that vehicles carrying oxygen be treated as Ambulance.

Senior Adv. Singhvi: The order states “detained” instead of “requisition” and the orders have not been overridden by Mr. Mehta. Anyway, I will tell this to the Delhi High Court.

Justice Chandrachud: We intend to place some questions to Union of India after going through what they have said on affidavit. We will have this case after a couple of day.

Reddy for Andhra Pradesh said that the Government should consider re-allotment of oxygen from from places which are close-by.

Justice Rao says this issue of logistics must be taken note of; “I have not seen the affidavit, but I’d like to know what is being done about healthcare professionals - their shortage, their fatigue”, adds Justice Nageswara Rao.

Case Title: In Re Distribution of essential supplies and services during pandemic | SMW(C) No. 3 of 2021