COVID-Supreme Court Directs Centre To Place On Record The Final Report Of National Task Force On Scientific Allocation Of Liquid Oxygen

The Supreme Court on Monday directed the Union of India to place on record the final report of the National Task Force appointed by it to formulate a methodology for scientific allocation of liquid medical oxygen to all the states/UTs amid the COVID 2nd wave together with an 'Action Taken Report' indicating the steps which have been taken to implement the report of the NTF.

The bench of Justices D.Y. Chandrachud and M. R. Shah recorded that the NTF appointed by the Court has held numerous meetings and submitted its report to the Union government. "Since the NTF comprises eminent doctors drawn from across the country, we would require the Union of India to duly apprise the Court of the steps which have been taken to ensure that the recommendations are duly observed at the policy level to enhance preparedness and for the foreseeable future and the present. The Union government shall complete the exercise of preparing the action taken report and placing it on record within two weeks", directed the bench.

"It will be appropriate if the present proceedings are listed together with the matter where this Court has taken suo motu cognisance of the COVID-related issues. Copies of the reports of the NTF and of the Action Taken Report of the Union government shall be made available to all the counsel including the Amicus Curiae in the matter", the bench ordered.

The bench also asked Amicus Jaideep Gupta and Meenakshi Arora to prepare a short point-wise submission to ensure that there is enhanced preparedness. to meet the exigencies of the situation.

"Where do we go from here, building on what we have done? We have given enough time to the government for the situation to evolve and for the government to implement the orders. The last order was in June. Now we want to look towards where we stand should there be a third wave", said Justice Chandrachud.

It may be noted that the bench was hearing the plea by the Central Government challenging a contempt notice issued by Delhi High Court over non-supply of 700 MT oxygen to Delhi. The sub-group constituted by the Supreme Court for oxygen audit of Delhi had opined that "exaggerated claims and wrong formula" were used by the Government of Delhi to project its requirements for Liquid Medical Oxygen during the second wave of the COVID.

On Monday, Senior Advocate Rahul Mehra, for the Delhi government, told the Court, "There is no point looking into the interim report, though we have a lot to say and we have raised the objections. Hopefully, in the final report, all that will be looked into and our objections will be satisfactorily met"

Mr. Mehra insisted that the final report of the sub-committee has "not seen the light of the day" so far.

He suggested that the contempt matter may also be tagged with the suo motu proceedings since the other states have also been asked to constitute sub-groups/sub-committees and the NTF report will be dealt with there and all states as well as the Amicus will also have to be respond to it.

On behalf of the Union of India, ASG Aishwarya Bhati, on instructions and after clarification, agreed that the interim report of the subcommittee which was constituted for evaluating the oxygen requirements of the National Capital Territory has been placed on record but a final report has not been submitted so far. She suggested that though the bench may hear the contempt matter with the suo motu matter, the two may not be tagged.

It may be noted that a letter for adjournment had been circulated on behalf of the Union in the instant proceedings.