Delhi court sets aside order for use of seized oxygen concentrators for police, judges

A judge has to act, behave like a self-less, dispassionate saint, the court said

A Delhi court has found that a Metropolitan Magistrate faltered on the touchstone of morals and principles of law in directing the use of seized oxygen concentrators for the police personnel and judicial officers and their families during the Covid-19 pandemic.

Principal District and Sessions Judge, Dwarka courts, Narottam Kaushal on Saturday set aside the May 5 order by the Metropolitan Magistrate, saying the judicial officer was greatly influenced by the fact that two of his colleagues have lost their lives in battle with Covid-19.

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"In his zeal to provide life-saving machines to front line workers i.e the Delhi Police and to his judicial fraternity, the Metropolitan Magistrate was so dazzled that he forgot that a judge on account of the office he occupies has to act and behave like a self-less, dispassionate saint," the court said.

Judge Kaushal said even when this order was being penned down, the judicial fraternity lost one more officer, who succumbed to the Covid-19 virus, still, the order by the metropolitan magistrate was not sustainable. "He (Metropolitan Magistrate) has to rise above the interests of self and his ilk. Benevolent and well-intended, his act may be, the same cannot breach the constitutional provisions of equality," the court added.

Acting on a revision petition by the prosecutor, the judge asked Delhi Police's investigating officer to file an application before the District Magistrate without wasting time, to pass a direction for suitable utilisation of the 12 oxygen concentrators.

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The prosecutor claimed that the order for utilisation of seized article was in violation of the provisions of the Essential Commodities Act, which provided that the Collector would be the competent Authority to order possession, delivery, disposal, release or distribution of the case property. The court, on the contrary, found that there was no notification declaring oxygen concentrators to be an essential commodity.

The court, however, agreed that in view of the Delhi High Court's judgement in 'Venkateshwar Hospital Vs Government of NCT and Ors' of April 29, 2021, the seizure of medicines or oxygen cylinders should be informed to the concerned District Commissioner and the District Commissioner, who should pass orders for their release without any delay.