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The Division Bench of Justice Vipin Sanghi & Justice Rekha Palli while hearing a suo moto revived plea related to management of CoVID crisis in Delhi has directed the Central Government to take strict action against the States who were obstructing the smooth supply of oxygen. 

“We hope & expect the state of Rajasthan to adhere to the orders of the Central Govt & this court. Intervention in the matter of supply of oxygen would tantamount the lives of people. Stoppage of tankers by one state would have an effect on the other state. No purpose would be served in obstructing the same”, the Court remarked. 

The observation came in light of the submissions made by Mr Siddharth Jain, MD, INOX in the hearing today wherein he submitted that 4 oxygen tankers having number plate of Haryana which the company allocated for supplying oxygen to Delhi were seized by the State of Rajasthan in response to Justice Sanghi’s question as to what was INOX doing in regards to transportation of oxygen. 

Justice Sanghi to Siddharth Jain: The problem of oxygen is not there in the country but of transportation. What do you have to say on this aspect?

Siddharth Jain: We are more than willing to take on this national service. After the order, we have immediately allocated 4 tankers in Bhiwadi. The Govt of Rajasthan has seized those tankers. They were moving towards Panipat & without the tankers we will not be able to supply. The oxygen that we were transporting to Delhi, is now being transported to UP. I request for nobody to seize our tankers.

At this Juncture, the Ld SGI Mr Tushar Mehta intervened & asked the suppliers to leave a mail if in case the tankers faced any hardship. He assured that the mails would be responded to within 30 minutes of receipt. 

To this Justice Sanghi replied, “Mr Mehta, please appoint an official who can be contacted if the suppliers face any problem.”

In the course of hearing, the Ld SGI informed the Bench that the tankers were released after contacting the Additional Secretary, State of Rajasthan, however the Bench directed Mr Mehta to take strict action on this aspect. 

“Since the Centre is mindful of the needs, the States should inform the Centre. Mr Mehta, you will have to ensure that tankers are released & at political leadership level, this has to be sorted.”, the Court observed.

Case Title: Rakesh Malhotra v. GNCTD