The Central Government has filed an appeal with the Supreme Court against the Delhi High Court's order to show cause why contempt action should not be taken against the Centre for failing to comply with its May 1 order and the Supreme Court's order regarding the supply of oxygen to the Delhi Government.

On Thursday (April 28, 2021), Solicitor General Tushar Mehta mentioned the Centre's plea arising from yesterday's Delhi High Court order regarding contempt action against its officials over oxygen supply to the national capital.

It should be noted that on Tuesday, the Delhi High Court chastised the Centre for failing to meet the assurance regarding the supply of 700MT per day liquid medical oxygen to the Delhi Government in accordance with the Supreme Court's directions.

A division bench of Justices Vipin Sanghi and Rekha Palli had ordered the presence of Central Government officers Sumita Dawra and Piyush Goyal, who handle oxygen allocation to states to explain the Delhi Government's failure to comply with the High Court and Supreme Court's order to supply the required oxygen to critical COVID patients.

"I have mentioned the matter before the Listing Registrar," the Solicitor General Tushar Mehta said, referring to the case before the bench of chief Justice N. V. Ramana and Justice Surya Kant. 

To this, the bench inquired saying, "What can we do?"

"This is an urgent matter that requires your attention. Please investigate. This is a pan-India issue," urged the Secretary General. 

"I don't hear his case, that is why I referred it to Justice Chandrachud's bench," the CJI explained. 

"It could go anywhere. But, please, let it be heard today," prayed the SG.

The CJI then ordered that the case be assigned to a bench led by Justice D. Y. Chandrachud and be scheduled at his convenience.

In an order issued on April 30, the Supreme Court directed the Central Government to address the NCT of Delhi's oxygen deficit by May 3 at midnight. The directive was issued based on the Solicitor General's assurance that Delhi's oxygen needs would be met. The Supreme Court bench was made up of Justices Chandrachud, L. Nageswara Rao, and Ravindra Bhat.