SC refuses to entertain plea of UOI against Karnataka HC's order of supplying 1,200 MT oxygen supply to state
May 07, 2021
New Delhi [India], May 7 : Supreme Court on Friday refused to entertain a petition filed by the Centre, against a direction of the Karnataka High Court's order on May 5, directing the supply of oxygen to the state to upto 1200 MT per day from the sanctioned allocation of 965 MT.
A bench of two judges of the Apex Court, headed by Justice Dr Dhananjaya Y Chandrahud and also comprising Justice M R Shah, refused to entertain the petition filed by the Union of India (UOI).
"We are not inclined," a bench of the Apex Court led by Justice Chandrachud said.
The Centre had yesterday filed by appeal before the Apex Court challenging the Karnataka High Court's order on Wednesday directing the Centre to supply oxygen to the state (Karnataka) upto 1,200 MT per day from the sanctioned allocation of 965 MT.
The Centre sought a direction from the top court for a stay of the order and direction.
The Solicitor General (SG) Tushar Mehta, senior lawyer appearing for the UOI, submitted to the Supreme Court that the issue of allocation of Oxygen is a pan India concern and worry, and if all the state High Courts came in and try to sort thinking about it, like this, this will be unworkable and "it is a concern and the situation would be chaotic."
The Centre is willing and ready to engage with the Karnataka state government to convene a meeting with the concerned authorities and or officials and reach a satisfactory conclusion.
"In the interest of the citizens, and for all, we will sit with the state government and will try to reach a solution in the issue," the SG Mehta submitted to the Court.
Mehta further said that it would create great difficulty if all state High Courts start passing order for supply of Oxygen to state.
He also submitted that let the entire stock of oxygen be handed over to High Court which will be decided on how to distribute among different states.
The Apex Court after due consideration and deliberations, refused to interfere with the Karnataka High Court's order.
The High Court had in its order had directed the supply of oxygen to the state to upto 1200 MT per day from the sanctioned allocation of 965 MT.
While refusing to interfere with the order, Justice Chandrachud said: "It is extra ordinary and well calibrated exercise of judicial power."
"We will not interfere with this today. Its a well-considered exercise of power by the (Karnataka) High Court. If it was a breach of executive power etc then we would have considered," the top court said.
