AAP govt’s system failed; black marketing of oxygen cylinders, medicines going on: Delhi HC

A bench of Justices Vipin Sanghi and Rekha Palli observed it was not the time to become vultures

The Delhi High Court on Tuesday slammed Delhi Government, saying its entire system has failed as black marketing of oxygen cylinders and crucial medicines for treating Covid-19 patients was going on unabated in the national capital.

A bench of Justices Vipin Sanghi and Rekha Palli said we are surprised that the orders issued by the Delhi government did not take into consideration all the suppliers of the medical oxygen.

As various local hospitals complained shortage of supply, the court, at one point, said if the Delhi government could not fulfill its responsibility, it may ask the Union government to take over.

Read | Centre raps Delhi govt for failure to resolve logistical issues to procure oxygen

The court directed the Delhi government to file a report on all the deaths that have taken place in hospitals and nursing homes on account of shortage of oxygen. Senior advocate Rahul Mehra, appearing for the Delhi government, said it can devise new system as it was involved in distribution of oxygen cylinders.

"We don't know about the new system, but your system has failed," an anguished bench said.

"Mr Mehra, you will have to bring your house in order. If you cannot, please tell us. We will ask the officials of central government to take over," the bench said.

Various hospitals complained of shortage in oxygen supply and of medicines, the court told Mehra, "This is a mess which you're not being able to solve."

"Our confidence is being shaken in the manner everything is being handled. You are administrators and you should know how to exercise your powers. In today's situation, none can take public for a ride," the bench said.

Mehra said the Delhi government was trying to formulate a process so that hospitals knew about the entire status of supply 72 hours prior.

Taking a strong view on allegations against a re-filler company, the court asked the Delhi government to take over the plant, saying, “We don't want anyone to act like vultures in these times.”

The court said the Delhi government has to pull up its socks to look into the aspect of supply of oxygen. "Even after supplying tons and tons of oxygen, no account is being maintained," it noted.

"This is what is leading to an artificial shortage on one hand and black marketing on the other hand," the court added, directing strict action against such oxygen re-fillers who did not act as per request of supply.

The court also directed for creating an online portal indicating the correct position with regards to the position of Remdesivir on real time to maintain transparency.

It also told the Delhi government not to issue unnecessary circular creating problems for the hospitals in getting essential supplies.