Kareena Eugene
On Tuesday, 4th May 2021, the Karnataka High Court said that they will issue directions to the Central Government to immediately increase the quota of Liquid Oxygen being supplied to the State, in the wake of the incident that happened in Chamarajanagar.
This incident saw the deaths of 24 people due to the shortage of the supply of oxygen and were admitted to a COVID-Hospital.
A division Bench consisting of Chief Justice Abhay Oka and Justice Aravind Kumar said that, “We are putting the Central Government to notice that we will have to consider the prayer for the issuance of direction to the Central Government to immediately increase the quota for Oxygen to the state government. Especially when it is pointed out across the bar than in ten hospitals in the city of Bengaluru, the stock of oxygen has almost come to an end. Even in Kollar district hospital, it does not have a supply of oxygen”.
The Counsel for the Central Government during the hearing, informed the Court that according to the directions issued by the Court earlier, the Central Government has revised the oxygen supply quota to Karnataka from 802 MT per day to 865 MT per day.
A letter written by the Additional Chief Secretary of the State Government to the Government of India, which was submitted by Advocate General Prabhuling K. Navadgi, mentioned, the requirement of oxygen in the State is likely to increase to 1792 MT per day by 5th of May.
It was also stated that 70% of the active cases will require oxygenated beds and 3% will require ICU beds with ventilators. The letter said that the minimum requirement for oxygen will be 1162 MT per day on 5th May, 2021.
The Bench asked the Centre’s Counsel, “What is your (Central Government) explanation, the requirement of the state is around 1700 MT per day and you have increased it only to 865? Are you not aware that people have died in the state due to non-availability of Oxygen?”
The Bench further added that, “The Central government will have to either say that the state government is making out a false requirement of oxygen, if that is not false then you must increase the quota, one of the two things you will have to do by tomorrow”.
It was observed that, “Keep aside the process, forget about the process, tell us now when will you increase the quota. We don’t want any explanation the supply has to be provided. If your process is faulty. Is it not for you to correct? We don’t want your process; we want you to supply Oxygen. You want people to die?”
The Bench, in its order, noted that, “Members of the bar who are present today, based on figures of active cases in other states have stated that allocation of quota of Oxygen is discriminatory. In the sense that some states which do not have so many cases have been allotted the quota which exceeds the quota allotted to the State of Karnataka”.
The Court directed the members of the bar accordingly, to place all positive cases reported in all the States, on record data. It also directed the members to report the total active cases and the quota of oxygen allotted to each State.
The Bench with regards to the Supreme Court’s order noted that the Supreme Court said that a buffer stock must be created. The question of creating a buffer stock will arise if the quantity available to the population is sufficient.
The Court remarked, “Supreme Court order presupposes that you must give full quota which is required. In addition to that full quota, you must create a buffer. Forget about the buffer you are not creating even regular supply”.