Raise state’s O2 allocation: HC to Centre as cases surge

Bengaluru: Karnataka high court on Wednesday directed the Centre to increase the allocation of oxygen for the state to 1,201 metric tonnes for the next four days amid rising demand and reports of shortage in the state.

The bench of Chief Justice Abhay Oka and Justice Aravind Kumar asked the state government to submit a projected estimate of oxygen required for the next week. “The state estimation is 1,162 metric tonnes of oxygen as of April 29 and 1,792 metric tonnes as of May 4. Therefore, there is justification if more than 1,792 metric tonnes sought by the state,” the bench observed.

The order comes two days after 24 Covid-19 patients died in two hospitals in Chamarajanagar district allegedly due to shortage of oxygen. More than 20 hospitals in Bengaluru have sent out emergency messages after they ran out of oxygen.

Karnataka and its capital Bengaluru have been experiencing an exponential rise in the number of Covid-19 cases in the recent weeks amid a surging second wave of the pandemic. The state reported 44,631 new cases on Wednesday, taking the active caseload to 464,363. Bengaluru accounted for 20,870 new infections, taking its active cases to 301,712. As many as 292 fatalities were reported across the state on Wednesday, which took the state’s toll to 16,538. Bengaluru’s death toll due to Covid-19 jumped to 6,845, with 132 deaths being reported on Wednesday, according to state health department.

Meanwhile, the Karnataka government on Wednesday appointed retired high court judge Justice B A Patil as the one-man commission to inquire into the death of 24 Covid-19 patients in Chamarajanagar district allegedly owing to oxygen shortage.

A notification regarding the appointment of Justice Patil was issued by the additional chief secretary in the home department, Rajneesh Goel on Wednesday. The term of reference of the commission read, “To inquire into the circumstances and events leading to the death of COVID-19 patients in District Hospital, Chamarajanagar on May 3, reportedly due to scarcity of oxygen and any further similar incidents, which are entrusted to the Commission of Inquiry by Government.” The office of the commission has to submit its report in one month.

Advocate General Prabhuling K Navadgi told the court, “…Yesterday, the cabinet took cognizance of your lordship’s order, which prima facie indicated that Judicial Inquiry is necessary. They have passed an order for constituting a Commission of Inquiry with a request to the Honourable Judge to complete the inquiry within a period of one month, the outer limit.”

However, the bench took serious exception to the decision of the state government to set up a commission of inquiry and appointing a retired judge to probe the deaths without taking its prior approval. “Intention of the government is very clear from the manner in which the whole thing is being done... It is a peremptory order...we are not against your appointing a particular judge, but you should have left it to the court...In all fairness you should have left it to the court to appoint a retired judge to conduct inquiry...,” observed a special division bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Aravind Kumar.

Expressing displeasure over the approach of the state government, the HC directed state’s chief secretary to seize all records and documents related to oxygen supply from the offices of deputy commissioners of Chamarajanagar and Mysuru districts, and Chamarajanagar district hospital.

The bench said the chief secretary should immediately seize all the documents and keep them in his safe custody till further orders.

After passing the order, the bench told the AG: “You can either consider modifying the order or else we will tell you what we propose to do. The Committee appointed by the Karnataka State Legal Services Authority is headed by a retired judge and we propose to forward the records to him and ask him to inquire into the matter.”