SC junks plea seeking probe into oxygen shortage; opines 'easy to criticise court or govt'

On Monday, the Supreme Court dismissed a plea seeking the formation of a Commission of Inquiry headed by a retired judge or a CBI probe into oxygen shortage and issues concerning O2 distribution among states during the second COVID-19 wave. The oxygen shortage crisis came to the fore in April after many Delhi hospitals issued frantic appeals regarding the same. While the Delhi government blamed the Uttar Pradesh and Haryana governments for obstructing the supply of oxygen to hospitals in the national capital, the Centre took several steps to address the crisis.

At the outset, Justice DY Chandrachud observed, "It is very easy to criticize the court or government without being on the hot seat. The country is dealing with a crisis. We must be wary of demoralizing authorities who are handling this crisis. We must do something positive."

Pointing out that it had already set up a National Task Force, the SC stressed that it cannot encroach upon the executive domain. Moreover, the division bench stated that it was not appropriate to have parallel proceedings in the form of a Commission of Inquiry. Refusing to order a CBI probe, it highlighted that the petitioner had failed to exercise his legal remedies under the CrPC.

Formation of National Task Force

As per the Supreme Court's order dated May 6, the National Task Force was constituted to formulate a methodology for the scientific allocation of oxygen to the states and Union Territories. It comprises experts such as Dr. Bhabatosh Biswas, Dr. Devender Singh Rana, Dr. Devi Prasad Shetty, Dr. Gagandeep Kang, Dr. JV Peter, Dr. Naresh Trehan, Dr. Rahul Pandit, Dr. Saumitra Rawat, Dr. Shiv Kumar Sarin, Dr. Zarir Udwadia, the Cabinet Secretary and the Union Health Secretary. The task force was given the option of constituting sub-groups on areas such as infectious disease modelling, critical care, clinical virology and epidemiology. 

Tasking the NTF to facilitate oxygen audits in all states, the apex court noted, "We emphasise that the purpose of conducting audits is to ensure accountability in respect of the supplies of oxygen provided to every State/UT. The purpose is to ensure that the supplies which have been allocated are reaching their destination; that they are being made available through the distribution network to the hospitals or, as the case may be, the end-users efficiently and on a transparent basis; and to identify bottlenecks or issues in regard to the utilization of oxygen. The purpose of the audit is not to scrutinise the decisions made in good faith by doctors while treating their patients."