In what has come as a relief for the Karnataka government and the state’s residents, the Supreme Court on May 7 upheld the High Court order directing the Union government to give 1,200 MT of medical grade oxygen.
A bench led by Justice DY Chandrachud said, “We will not interfere with this. Had we felt that they had stretched their powers, we would have interfered. But, this is well considered and well calibrated order.”
This comes after Solicitor General Tushar Mehta had said that the Union government will discuss the matter with the state. SG Mehta argued that the Union government is concerned with liquid medical oxygen being a scarce resource, it cannot comply with every HC order if all HCs start directing them to give a set quantity to respective states.
Supreme Court Bench headed by Justice DY Chandrachud will hear today Centre’s plea, challenging an order passed by the Karnataka HC on May 5, directing the Centre to increase the daily liquid medical oxygen allocation for Karnataka as 1200 MT.#OxygenShortage #SupremeCourt pic.twitter.com/FECeMkU0ey
— Live Law (@LiveLawIndia) May 7, 2021
Justice Chandrachud, however, said that order by the Karnataka HC was not arbitrary and was based on the state’s projection of 3.9 lakh cases and the minimum requirement being 1,700 MT. “It (HC order) wasn’t arbitrary. Had it been that way, we would have addressed it,” he told the SG.
Supreme Court to hear Centre's appeal challenging the Karnataka High Court order of May 5 directing it to immediately increase the allocation of liquid medical oxygen (LMO) to the State to 1,200 metric tonne (MT) per day amid the COVID-19 crisis.#SupremeCourt #oxygen pic.twitter.com/1SywqVd9uB
— Bar & Bench (@barandbench) May 7, 2021
In the same context, Justice Chandrachud said, “We will not interfere with this. Had we felt that they had stretched their powers, we would have interfered. But, this is well considered and well calibrated order.”
Supreme Court to hear Centre's appeal challenging the Karnataka High Court order of May 5 directing it to immediately increase the allocation of liquid medical oxygen (LMO) to the State to 1,200 metric tonne (MT) per day amid the COVID-19 crisis.#SupremeCourt #oxygen pic.twitter.com/1SywqVd9uB
— Bar & Bench (@barandbench) May 7, 2021
SG Mehta further asked if the HCs can simultaneously hear these matters as done by the Delhi, Allahabad and other HCs. To this, the bench responded saying that the SC committee will decide on the matter but that does not mean the HCs can’t pass orders.
Supreme Court Bench headed by Justice DY Chandrachud will hear today Centre’s plea, challenging an order passed by the Karnataka HC on May 5, directing the Centre to increase the daily liquid medical oxygen allocation for Karnataka as 1200 MT.#OxygenShortage #SupremeCourt pic.twitter.com/FECeMkU0ey
— Live Law (@LiveLawIndia) May 7, 2021
The bench further said that as deemed fit, the SC has already “interfered” in a Delhi HC ruling.
Supreme Court Bench headed by Justice DY Chandrachud will hear today Centre’s plea, challenging an order passed by the Karnataka HC on May 5, directing the Centre to increase the daily liquid medical oxygen allocation for Karnataka as 1200 MT.#OxygenShortage #SupremeCourt pic.twitter.com/FECeMkU0ey
— Live Law (@LiveLawIndia) May 7, 2021
The apex court bench also pointed out that HC order being interim leaves the Union government the option to resolve the matter through mutual discussion with the state.
Just in | SC upholds # Karnataka HC order of May 5 directing Centre to supply 1200 MT of oxygen. SC describes the ad interim order of the HC as a "careful, calibrated and judicious exercise". #OxygenShortage
— The Hindu (@the_hindu) May 7, 2021
This May 7 hearing came as the Union government on May 6 had filed a special leave petition praying the apex court sets aside the HC order passed on May 5. The Karnataka High Court direction on May 5 came following the Chamarajanagar tragedy on May 3 when 24 COVID-19 patients, who were on ventilators died, due to inadequate supply of oxygen at the government medical college hospital. Cumulatively so far 38 patients have died in the state due to lack of oxygen in light of the present crisis.