Courts Update Karnataka HC order of raising state’s demand of liquid...

Karnataka HC order of raising state’s demand of liquid oxygen ‘reasoned’, says SC while dismissing Centre’s plea


New Delhi, May 7 (ILNS): The Supreme Court today refused to accede to the Centre’s demand that the Karnataka High Court’s order of raising the allocation of liquid medical oxygen for the state from the present 962 MT per day to 1,200 MT per day was too much.

The Centre had moved the top court immediately after the High Court order.

The apex court dismissed the Centre’s petition against the Karnataka High Court order. In dismissing, the Bench of Justices DY Chandrachud and MR Shah said: “We find the order of the High Court well-reasoned, calibrated and thus, we decline to interfere.”

The Bench reiterated: “The Karnataka High Court order does not preclude a resolution reached by the Centre and state. The High Court decision was a calibrated one and in pursuance to the state demand…We will not leave the citizens of Karnataka in the lurch.”
During the hearing, Solicitor General Tushar Mehta submitted: “Every state has its need, but if the High Court orders, this is not something correct.”
Justice Chandrachud: “We have read the order.”
SG Mehta: “Just one submission. The Central government is not and cannot be averse. Such PILs are being filed in every High Court every day… If every High Court starts ordering… but we can sit together.”
Justice Chandrachud said this State said that even after the projection of number of cases requirement is 1,700MT, it was said the minimum is 1,200MT.
SG Mehta submitted that If the High Courts start Judicially ordering, “where will it lead?”
Justice Chandrachud reiterated that it is “a well- calibrated order.”
SG Mehta: “This leaves room for every High Court to examine and pass orders. I’ll leave this to your Lordships.”
Justice Chandrachud noted that this court notices certain aspects, the allocation for the State of Karnataka was 832MT, which was increased to 865MT, later it was increased by the Union Government to 961MT. Karnataka had projected 1,162 MT.

“At this stage, we find order of the HC is well-reasoned, calibrated and thus, we decline to interfere.
Prior to hearing the case against Karnataka HC’s order, the Supreme Court had ordered the Centre to supply 700 MT of oxygen to Delhi everyday, “till further orders”.
“Don’t force us to take coercive steps. Tell your officers to comply with our order of 700 MT of oxygen every day,” the SC had told Mr Mehta. ILNS\KR\SJ\RJ


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