Controversy erupts after 2 members of SC panel oppose Delhi oxygen audit report

However, the two members of the panel openly opposed some of the key findings of the report. In a file noting of the Delhi Home Department, Bhalla Friday stated, "The manner in which the proceedings of the Sub-Group have been conducted suggests that the purpose of proceedings was to justify a pre-conceived and predetermined conclusion and narrative, to recommend a lower quantity of a LMO to Delhi, and to further portray an impression that the assessment by the GNCTD before the Hon'ble High Court of Delhi and the Hon'ble Supreme Court was exaggerated or not genuine."

Bhalla, while opposing the report clarified that his objections and corrections were not inserted in the report. He mentioned in the file noting that the "Interim report seems to have been sent to Government of India without making the requisite changes, without sharing again with the members of the sub-group, and without their formal approval".

He allegedly wrote "Detailed objections/comments have been added at the end of the interim report just for posterity, leaving it to the reader to make the effort, if he/she so decides, to interpret the entire report together and make his/her conclusions. This is unfortunate and unacceptable" but it got mysteriously missing when the report was submitted to the Government of India.

The Indian Express reports, Budhiraja on the other hand also pointed out, "This (interim report) did not take into account oxygen cylinder refilling and non-Covid requirements of hospitals. It was suggested on the basis of actual consumption and not on basis of formula that O2 allocation for NCT Delhi be kept at 500 MT and then reviewed twice weekly thereafter. In the last subgroup meeting, it was decided not to discuss this agenda in the sub group, as an oxygen commissioner would be taking decision regarding oxygen allocation to states/UT. Also, I did not attend the meeting on May 18 after prior information to the group of the WhatsApp that minutes of the previous meeting on May 15 should be circulated. That was never done."

The report indicated that the Centre and the Delhi government used two different formulas to calculate the LMO demand for Delhi. While the Centre's formula mentioned 50% of non-ICU oxygen beds as using LMO, the Delhi government formula says all non-ICU oxygen beds use oxygen.

The sub-group observed that the Delhi government formula would be incorrect and an "overestimation" as per the real-life experience of major hospitals including AIIMS.

Contending the observation, Bhalla stated that the Centre's formula would not be justified as most Covid patients admitted to hospitals required oxygen. "Doubts can be resolved only through on-ground audit, which the sub-group is yet to do," he said.

The panel stated that the consumption of oxygen did not exceed 350 MT from April 29 to May 10. However, Dr Budhiraja, maintained in his letter that requirement of oxygen had is around 490MT per day as oxygen cylinder refilling and non-Covid requirement of hospitals should be taken into account also.

Bhalla on the other hand also pointed out, "It is further an indisputable fact that 214 is not the sum total of hospitals/medical establishments catering to patients suffering from Covid-19. In fact, the figure is more than 260. Therefore, the entire basis of the assessment/quantification of the LMO requirement in Delhi has been made on incomplete data."

"In our assessment, these fundamental errors in the approach of the sub-group goes to the root of the matter and was, therefore, highlighted from time to time during the course of proceedings of the sub-group. Unfortunately, the draft Interim Report instead of taking cognizance of the said concerns is proceeding to indicate the quantity of LMO to be allocated to Delhi. This, in our considered view, vitiates the entire exercise," he said.

The Delhi government also expressed disappointment over the report of the SC-appointed panel as it was "sad and shocking to note that the sub-group arrived at sweeping conclusions… without any audit in the true sense".

Moreover, a file noting attached to the interim report, signed by OSD (Health) Ashish Kundra, also suggested that serious observations of the panel were discussed with Chief Secretary Dev, and "it appears that the committee has not taken the totality of the picture into consideration."