Justice Chandrachud: Important points were missed by your Committee, which we as Judges came across.
SG: We must have a solution thereby to have a minimum fault prone formula, we are not saying that formula is cast in stone. We will revisit the formula.
SG: I am not answering, I am responding. This is a dialogue. Nothing is static.
Justice Chandrachud: Arre woh sab theek hain, nothing is static. But, when will it become dynamic ? We are in the pandemic.
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Justice Chandrachud: We need to deal with it; I’m not saying it’s the Centre’s fault. I am saying that we need to deal with the third surge in a scientifically planned manner.
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Justice Chandrachud: I was reading that the third wave will also be there. And the issue is that children are going to be affected. They will be taken into hospitals, and the issue is that they need to be accompanied with parents. Vaccination needs to be done.
SG: The Highest Court of the country is sharing and expressing its concerns with the Centre, and is not asking for a report. What is to be done is yet to be decided.
Justice Chandrachud: We are on what is to be done when second surge has already descended.
Justice Shah: You are only considering the situation for today. But, what will happen in the future ? What is your plan for that ?
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Justice Chandrachud: A buffer stock needs to be created.
Justice Shah: At the moment we are only looking at Delhi. But, what about the rural areas where most of the people are suffering ? We have to consider a pan-India situation as well as the future situations.
Justice Chandrachud: But, if we prepare today, we will be able to handle Stage 3. It’s not just about allocating oxygen to a State, but equally logistics of a proper oxygen audit takes place & a proper modalities for distribution. That’s why I said other States can be looked at.
Justice Chandrachud: What we need to do is that look at this in a pan-INDIA state. Yes, we need to look at the oxygen audit, and we need to reassess the basis for oxygen allocation. You are in Stage 2 of pandemic. Stage 3 might even have very different parameters.
Justice Chandrachud: What your formula shows for Delhi, it might actually be a gross underestimation of what Delhi requires. We agree that an audit is required. But, this needs to be looked into. We realise that other States also need it.