'Situation like national emergency': SC asks Centre for national plan on oxygen, vaccines

A bench presided over by Chief Justice S A Bobde issued notice to the Centre and appointed senior advocate Harish Salve as amicus curiae

Amid a record number of Covid-19 cases and deaths, the Supreme Court on Thursday acted Suo Motu and sought a national plan from the Centre on supply of oxygen, essential drugs and vaccination.

A bench presided over by Chief Justice S A Bobde said the present situation was "alarming" and was like a "national emergency".

It issued a notice to the Centre and appointed senior advocate Harish Salve as amicus curiae to assist in the hearing.

"We want to see a national plan on four issues of supply of oxygen, essential drugs, method and manner of vaccination. And, we want to keep the power to declare lockdown with the states," the bench told Solicitor General Tushar Mehta.

The court was referring to the Allahabad High Court's recent order imposing lockdown like restrictions in five cities which was stayed by it.

The development comes just a day before the last working day for incumbent CJI Bobde as he is set to demit office on Friday on superannuation.

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As the country recorded highest ever 3.14 Lakh Covid-19 cases and over 2,104 deaths on Thursday, the top court said different High Courts taking up the matter on supply of essentials was creating confusion.

The bench, also comprising Justices L Nageswara Rao and S Ravindra Bhat, specifically noted that High Courts of Delhi, Bombay, Allahabad, Calcutta Madhya Pradesh, and Sikkim were dealing with issues related with the Covid management, particularly crisis of oxygen supply, hospital beds and shortage of the anti-viral drug Remdesivir in hospitals.

"We as a court wish to take Suo Motu cognizance of certain issues. They (High Courts) are exercising jurisdiction in the best interest. But it is creating confusion and diversion of resources," the bench said.

The top court's move was severely criticised by several senior advocates. SC Bar Association led by senior advocate Vikas Singh filed an application to oppose the move saying, "the state machineries are lacking on various aspects and High Courts are suitably dealing with the issues prevailing at local level within their territorial jurisdictions."

In his remark, senior advocate Ravindra Srivastava asked, "How will one amicus collect latest facts and information from 28 states and 8 UTs to place before Supreme Court and in quickest possible time? It is frustrating."

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Senior advocate and Congress MP Vivek Tankha tweeted, "SC is best suited to seek replies from the Union government on Covid Emergency 2021 including Oxygen emergency nationally. State high courts should be allowed to monitor at micro level. The Supreme Court has neither time nor details to deal with challenges facing states. HC orders enjoy public faith."

The issue before the top court arose during an application by Vedanta to allow some repair work and re-start oxygen plant at the Thoothukudi which can manufacture thousand tonnes of oxygen for Covid-19 patients.

Solicitor General Tushar Mehta submitted that the country is in dire need of oxygen. The plant has been shut since 2018 over environmental violations.

"We must be in favour of protecting human lives," he said.

Salve, who appeared for Vedanta, said that many "people are dying on daily basis. we can start in 5 to 6 days if you give a go ahead today."

Tamil Nadu counsel, however, opposed the plea for reopening of the Vedanta plant.