ILNS: The petition of Vedanta Limited, urging for reopening of its Sterlite copper plant in Tuticorin, which was shut down over environmental reasons, came up before the Supreme Court on Friday.

Vedanta had appealed for the reopening of its plant saying it has the ability to produce oxygen. The Bench, headed by Chief Justice of India SA Bobde, made it clear that it had no problem if the Tamil Nadu government takes over the plant, but it would be required to produce the oxygen that it can during these trying times, when the whole country is gasping for oxygen.

Senior Advocate CS Vaidyanathan, appearing for the state, said: “There is a law and order situation. They are finding it extremely difficult to operate.”

The CJI said: “Yesterday you didn’t tell us about this.”

Vaidyanathan tried to reply: “The state bonafidely (sic) tried…”

The CJI asked: “Can you tell this on oath?”

Senior Advocate Colin Gonsalves said: “Respondent no. 10 are people who are severely affected families, some have died, some have cancer.”

The CJI said: “We have no problem if TN takes over the plant.”

Gonsalves reported: “They (the state government) have taken over the plant.”

The CJI asked: “Then why are they not generating (producing oxygen)?”

Gonsalves said: “I’ll tell you. Because they have a lot of oxygen they have in surplus that is why they don’t need to.”

SG Tushar Mehta said: “The country is in bad need of oxygen; it is not that every state produces and uses; it is the Centre who allocates. Law and order can never be problem. Why are we not using, where every tonne matters?”

The CJI said: “It is the directive principle of the Constitution, let Tamil Nadu produce. When people are dying, the state government says we will not open the plant. What is the reason for that? Just because of Vedanta, they will not open the plant and let the people die? We have never heard of such an argument from a state government.”

Vaidyanathan said: “Milord may keep it for 2 pm or tomorrow. We are doing the best we can. The Central government has the power to run (the plant).”

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The CJI said: “All that we are trying to say is that we are not concerned about who produces it, whether it is Vedanta or A or B. We are concerned about the oxygen. It should be produced.”

The state will file its affidavit on the next date of hearing, which is Monday, April 26.

ILNS: The Delhi High Court made it clear on Thursday that any attempt by anybody to interfere with the uninterrupted supply of oxygen from manufacturing units to any hospital in any state, will draw criminal penalty.

A bench of Justices Vipin Sanghi and Rekha Palli said, “We direct the Centre to ensure strict compliance of the allocation order, the High Court’s April 21 order and the DDMA order. We also direct the authorities concerned, who are bound by the order passed under the Disaster Management Act, to ensure strict compliance. We direct that non-compliance will invite criminal action.”

The High Court also asked the Central government to ensure that allocation takes place as planned and transportation of the tankers takes place unhindered. The Court further said that adequate security will have to be provided to trucks transporting the oxygen, to move without obstruction.

The Bench reassembled this afternoon, following last night’s marathon hearing, seeking to clear the air on the critical situation of oxygen depletion in hospitals. Yesterday, the court had directed all governments that whatever the method employed – “beg, borrow or steal” – oxygen supply to hospitals (as well the supply of life saving drugs) must be maintained.

During the hearing today, Rahul Mehra, Senior Advocate representing the Delhi government, said, “Police and the administration of Haryana are sitting in the plant (which manufactures oxygen) and they are allowing oxygen to be supplied only in Haryana (stating officials’ statement).” He said he would be highly obliged, if oxygen could be airlifted.

Justice Sanghi said, “Airlifting is a very dangerous.” The Court was told that the states were not getting their allocated quantity.

Justice Sanghi asked Advocate Rajiv Nayar, appearing for Inox, “Are you able to supply what is being allocated?” To this, Nayar replied in affirmative.

Mehra said, “When we were allocated from INOX, from (the allocation of) 100, there was a shortage of 40. As I write, it needs immoderate intervention as the oxygen is not being allowed outside Haryana.

Solicitor General Tushar Mehta said, “This is not the way, Mr Mehra.”

Mehra said: “I’m doing what Mr Mehta taught me yesterday.”

Justice Sanghi told the Centre, “The problem is that your allocation is not being respected by the states.”

Advocate Satyakam (also representing Delhi), giving the current status of oxygen supply, said, “It is pandemic. The need today may be of 300, tomorrow it may become 600.”

To that, SG Mehta said, “We are looking at Delhi, but the Centre is looking at the whole of India.”

Mehra, quoting an ANI report, said, “There is a CEO of a hospital, who has asked his doctors to discharge their patients, because they can’t keep them without oxygen.”

SG Mehta said, “We have passed an order under the NDMA Act, to ensure uninterrupted supply of oxygen.”

Piyush Goyal, Secretary from the Ministry of Home Affairs, accepted “There was a problem at Haryana… in the morning. Two tankers left for Delhi with 30MT (of oxygen). Then Haryana said they needed oxygen… I am in touch with Delhi’s Nodal officer Mr Udit,” he said.

The court pointed out, “The problem is that it has to be supplied every day; it’s not a one-day thing.”

Secretary Goyal said, “Delhi and Haryana have been ensured no more problems will arise. Suppliers are giving to various hospitals. Nodal Officer Mr Udit, an IAS officer of UT cadre, has made adjustments to ensure that no hospital faces shortages. I have asked him to join, maybe he can join now.”

Rahul Mehra said, “140 MT is the total allocation as of yesterday. But 80 MT is how much we received yesterday. We were only able to lift that much. Today not a single MT has been lifted. I don’t know where these instructions are coming from.”

The court told SG Mehta, “If the government wants, it can make heaven and earth meet. You have passed the order, please see that it’s implemented. They’re saying 80 MT from yesterday, 140 MT or howsoever much from today. If that comes, maybe people will be able to breathe for a little longer.”

SG Mehta informed the court that oxygen can be produced at the Vedanta plant, which was closed in Tamil Nadu. “We can reopen it to produce medical oxygen.”

At that point, the SG mentioned the case hearing tomorrow before the CJI bench at the Supreme Court. The Delhi High Court Bench said that though the Supreme Court is in a better position, it will continue to hear the matter.

Senior Advocate G Tushar Rao said that a colleague’s mother is admitted in a particular hospital, where they’ve been issued a letter asking to take the patient out, about an hour or two back. “This is the fallout. Hospitals saying take the patient out as we can’t supply oxygen. How can they ask critical patients to leave?”

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The court accepted Mehra’s assertion that “supply is being obstructed. We are informed that authorities at Panipat had obstructed the lifting of oxygen. Yesterday also, supply was obstructed near Faridabad border. Piyush Goyal, Additional Secretary, MHA, said that officials in Panipat were persuaded not to interrupt the supply. Thereafter, the court read out the orders.