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Supreme Court today while hearing a plea challenging Contempt notice issued by the Delhi High Court in May, 2021 against the Centre, recorded the submission of sub-committee report constituted to evaluate Oxygen requirement of Delhi and directed to place policy decisions by the Centre over National Task Force Report, constituted in Suo Motu COVID case.

The bench directed to serve the copies of the reports on the Amicus in Suo Motu COVID matter, and listed it to be taken together.

A Division bench Justice DY Chandrachud and Justice MR Shah, while hearing the matter today, asked the Union to place on record the steps taken on policy level to enhance preparedness for the present and future, in pursuance of report by the National Task Force.

“Ms Aishwarya Bhati, Learned ASG, states that besides the interim report of sub-committee which was constituted to evaluate the Oxygen requirement of the NCT of Delhi, National task force has submitted its report to the Centre.

The report of the NTF will be placed on the record with an action taken by the Union of India, indicating steps taken to implement recommendations of NTF.

We would expect the Union to place on record the steps observed at policy level to enhance preparedness for the present and foreseeable future. It would be appropriate if these proceedings are listed together with the proceedings in Suo Motu WP taken up by this Court. Copies of the National Task Force and the action taken by the Union govt. be served, including to Mr. Jaideep Gupta and Ms. Meenakshi Arora assisting this Court as Amicus in that matter.

Union govt. shall complete the exercise of completing the ATR and placing the same in two weeks so that both be listed on an appropriate date thereafter,” Court dictating the order said.

On May 5, 2021, A Division Bench of Justice Chandrachud and Justice MR Shah, while staying the operation of contempt order passed by the Delhi High Court, categorically said, 

“Putting officers in jail or filing action of contempt against them would not bring oxygen to the State…We are facing a National crisis; hauling up the government officials will not solve the problem…Efforts must be made to achieve an amicable solution by active participation of all stakeholders.”

Three distinct aspects for Centre’s consideration, as pointed out by the bench were:

(1) Methodology for computing the requirement of a State/UT (oxygen per bed and active cases formula);

(2) Planning and management of resources;

(3) Distribution and Procurement of oxygen.

Learned SGI, Mr Mehta had submitted, “It is not an adversarial litigation, It is not Centre v. NCT of Delhi, It cannot be. There are certain issues which needs to be addressed…Officers are working shoulder to shoulder.”

On May 8, Supreme Court formulated a National Task Force comprising 12 panel members to ensure streamlining of oxygen distribution across the country.

Recommendations of the NTF, inter-alia, includes:

• Assess and make recommendations for the entire country based on the need for, availability and distribution of medical oxygen.
• Formulate and devise the methodology for the allocation of medical oxygen to the States and UTs on a scientific, rational and equitable basis.
• Make recommendations on augmenting the available supplies of oxygen based on present and projected demands likely during the pandemic.
• Make recommendations for the periodical review and revision of allocations based on the stage and impact of the pandemic.
• Facilitate audits by sub-groups within each State and UT inter alia for determining:  

1. whether the supplies allocated by the Union Government reach the concerned State/UT;
2. the efficacy of the distribution networks in distributing supplies meant for hospitals, health care institutions and others;
3. whether the available stocks are being distributed on the basis of an effective, transparent and professional mechanism;
4. accountability in regard to the utilisation of the supplies of oxygen allocated to each State/UT.

Case Title: Union of India v. Rakesh Malhotra