Supply 700 MT oxygen to Delhi daily, don't make us go firm: SC tells Centre

Earlier, the top court had said that this is an all-India pandemic situation and it will have to find ways to ensure oxygen supply to the national capital

The Supreme Court on Friday made it categorical to the Centre that its obligation to supply 700 MT of oxygen to Delhi hospital was not a one day measure but had to be ensured daily till further orders.

"We want 700 MT to be supplied to Delhi on daily basis. Don't make us go firm," a bench of Justices D Y Chandrachud and M R Shah said.

Senior advocate Rahul Mehra, appearing for the Delhi government, mentioned before the top court Delhi received 527 MT of oxygen till midnight. He said Delhi has further received 86 MT on Friday till 9 am and 16 MT of oxygen is in transit.

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"We want 700 MT to be supplied to Delhi and we mean business. It has to be supplied and we don't want to be coercive," the bench said.

The bench said that its order regarding the oxygen supply and formation of a committee to assess the requirements will be out soon. But the Centre has to proceed and arrange the oxygen supply for the national capital, the court said.

The bench reiterated that the Centre has to supply 700 MT oxygen every day till further orders.

"We want to make it clear that Delhi must get 700 MT every day. Don't make us pass strict orders," the bench told Solicitor General Tushar Mehta.

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"When we saw your affidavit on Thursday, it said 700MT supplied. There were caveats and explanation about containers and tankers. We are not container drivers. Please note that when we say 700MT has to be supplied to Delhi, it doesn't mean it is only for one day to assuage us," the bench said.

The top court had on Wednesday stayed the Delhi High Court order, on contempt notice to senior officers of the Union government, saying it will not help salvage the oxygen situation.

The court on Thursday maintained that the supply has to be maintained as per the order of April 30. The Centre, for its part, claimed though it supplied 730 MT oxygen on Wednesday, this much was not required in Delhi. It has favoured forming a committee of experts for oxygen audit. The Delhi government, however, opposed it.