oxygen leak Law Insider

Delhi High Court rejects Centre’s argument on the issue of medical oxygen

Sakshi Chhabra

On Monday, the Delhi High Court refuse to hear the Centre’s argument that the High Court cannot deal with the issue of shortage of medical oxygen.

“You can’t tell us Supreme Court has passed an order and Supreme Court alone will deal with it. We all have to implement, and we are all duty bound”, said the court.
Additional Solicitor General Chetan Sharm said that as the directions have been laid by the Supreme Court, the matter should be heard before the Supreme court as well so that there is no duplication in the directions. And the High Court cannot be the executing court of the Supreme Court.

The case was initiated before the division bench of Justice Vipin Sanghi and Justice Rekha Palli.

The bench asked ASG to take directions from the Centre as well, as to when action will be taken on the orders given by Delhi’s Deputy CM of the armed forces setting up COVID facilities in the state. Also, that the SC only dealt with oxygen and state corporation and not about shortage of beds in hospitals.

Senior Advocate Rahul Mehra urged the court to ask Centre to comply with the directions laid down by the SC asking it to ensure the oxygen supply.

ASG Sharma then suggested that the High Court may only pass orders in the areas where the SC has not taken any cognizance.

Senior Advocate Krishnan Venugopal stated that the Supreme court in its order made it clear that they are not out listing the High Court’s jurisdiction in these matters.

This matter was heard after taking the COVID-19 situation into consideration.