Bombay High Court Directs State to Consider Using industrial Oxygen to meet COVID-19 Emergency

Bombay High Court Directs State to Consider Using industrial Oxygen to meet COVID-19 Emergency

The Bombay High Court (HC) on 23 April 2021, asked Nagpur regional authorities to consider requisitioning oxygen plants of a steel factory in Maharashtra for the supply of medical oxygen.

The HC division bench comprising of Justices Sunil Shukre and SM Modak heard a suo motu PIL on COVID management and passed the order on an application by an advocate who submitted that the plant could produce 120 MT of liquid oxygen and easily meets the shortfall of nearly 100 MT in the region.

The HC while highlighting the point that there should not be any gap between the demand and supply of oxygen that is the most vital element of survival, asked the authorities to consider requisitioning empty oxygen cylinders from various entities which could be used to fill oxygen and supplied to COVID hospitals across the region.

The HC further appealed to the medical practitioners to scrupulously follow SOPs on the prescription of Remdesivir due to a shortage of the drug. It added that "Even the World Health Organisation (WHO) guidelines state that this drug being not a remedy and being only an investigational tool must not be injudiciously prescribed and must not be indiscriminately used. We hope that the medical fraternity will give respect to the SOP and opinion of WHO".

Advocate Aditya Goyal who is an expert on the steel industry submitted that four plants situated at Bhandara, Thane, Pune, and Dolvi (Raigad) had the capacity to produce liquid oxygen in sufficient quantity, and if those plants were requisitioned for catering to the needs of COVID patients, the issue of supply shortage in Maharashtra would be solved in "no time".

The HC issued directions to Nagpur divisional commissioner to consider the application made by Advocate Goyal and decide whether such plant at Bhandara could be requisitioned under the Disaster Management Act.

The Court further directed the State of Maharashtra to review the position regarding the requirement of Remdesivir vials for the State of Maharashtra.

The HC after hearing the plea said that "Whatever be the number of empty cylinders in circulation, it is not in sufficient quantity and it is required to be increased and augmented. Needless to say, appropriate rent would have to be paid for owners of cylinders requisitioned in public interest".