Jailing officers is not going to bring O2 to Delhi: SC stays HC order on contempt proceedings against Centre's officials

"We are also in Delhi. We are helpless and have been on phone. We can imagine what citizens are going through," Justice Chandrachud said, adding that his office is hearing cries from people including lawyers seeking help.

The top court said it cannot review its order of April 30 and the Centre will have to inch towards the supply of 700 MT of oxygen daily for Delhi and asked the Union government to place before it a plan by Thursday morning as to how it will revamp the supply to 700MT.

It suggested that a committee of experts and doctors including those from the private sector may be constituted to ascertain the situation in Delhi and take into account the COVID-19 situation which had been prevailing in Mumbai.

The top court, in a nearly two-hour hearing, said that putting officers in jail is not going to bring oxygen to Delhi and questioned the Centre about the supply it has made to the national capital since May 3.

The bench said, "Let us ensure lives are saved" and by enhancing the supply of around 150MT per day the quantity will come up to 700MT and the number of lives will be saved.

It was hearing the Centre's appeal against Delhi High Court's Tuesday order of issuing contempt notice and seeking the personal appearance of its officials for non-compliance with the directions on supply of oxygen to treat COVID-19 patients.

The bench aid that it had ordered a supply of 700 MT oxygen to Delhi daily from May 3 as the "pandemic in Delhi is at a very critical stage".

"Putting officers in jail is not going to bring oxygen to the city, let us ensure lives are saved," said the bench which also comprised justice M R Shah.

"This is not adversarial litigation. Centre, Delhi governments are elected and doing their best to serve COVID-19 patients," Solicitor General Tushar Mehta said.

"Tell us how much oxygen you have allocated to Delhi in the last three days," the bench said. 

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