Order of the High Court of Delhi regarding shortage of oxygen cylinders in Delhi to tackle COVID-19, 27/04/2021

  • 27/04/2021

Order of the High Court of Delhi in the matter of Balaji Medical and Research Center & Others Vs Union of India & Others dated 27/04/2021. The matter related to shortage of oxygen cylinders in Delhi.

The Chief Secretary, Government of National Capital Territory of Delhi (GNCTD) has informed the court that to ensure certainty about the arrival of oxygen, hospitals and nursing homes have been asked to provide data with regard to their existing contracts. The suppliers have also been asked to disclose about the supply of liquid oxygen by them for the next 72 hours, so that the aspect of certainty can be taken care of and the hospitals and nursing homes also know as to, by when, they would receive the allocated quantities of liquid medical oxygen.

The Delhi High Court directed that such an order must be passed at the earliest and circulated and implemented without delay. The High Court noted that even after supplying tons and tons of liquid oxygen to the re-fillers and convertors, there is no account being kept as to how they are supplying oxygen cylinders to hospitals, nursing homes and individuals. "of liquid Oxygen by them for the next 72 hours, so that the aspect of certainty can be taken care of and the hospitals and nursing homes also know as to, by when, they would receive the allocated quantities of liquid medical Oxygen," the Delhi High Court said in its order, April 27, 2021.

The court directed the oxygen re-fillers to provide the requisite data to the GNCTD on the portal (https://cfwcst.delhi.gov.in/). Further, all pharmacies in hospitals/nursing homes have to provide details of supplies of Remedesivir and other essential drugs such as Dexamathasone, Tocilizumab and Fabiflu, Doxycycline and the sales that they have made. The GNCTD has been asked to conduct random audits and checks of the stocks of the pharmacies, to catch black marketers. GNCTD has been asked to file a report - after making enquiries from all the hospitals and nursing homes, with regard to the deaths which have taken place in the said hospitals and nursing homes on account of shortage of oxygen.