Expect plan from Centre on supply of oxygen, drugs for Covid-19 patients: Supreme Court

New Delhi: Taking note of the "grim" situation created by the massive surge in COVID-19 cases and deaths, the Supreme Court Thursday said it expects the Centre to come out with a "national plan" to deal with proper distribution of oxygen and essential drugs for the patients. Observing that oxygen to patients infected with the virus is said to be an "essential part" of treatment, the apex court said it seems that a certain amount of "panic" has been generated due to which people have approached several high courts seeking reliefs related to the prevailing situation.

A bench headed by Chief Justice S A Bobde, which took suo motu cognisance on the issue of distribution of essential supplies and services during the pandemic, said prima facie it is of the view that the distribution must be done in an "even handed manner" according to the advice of health authorities.

"In these circumstances, we direct that notices be issued to the Union Government, the State Governments /Union Territories and the parties, who appeared to have approached the high courts to show cause why uniform orders be not passed by this court in relation to: a) supply of oxygen; b) supply of essential drugs; c) method and manner of vaccination and d) declaration of lockdown," said the bench, also comprising Justices L Nageswara Rao and S Ravindra Bhat. The top court said it is of the opinion that the Centre should respond, including on report on existence or otherwise and requirement of setting up of a coordinating body that would consider allocation of the above resources in a consultative manner (with the involvement of concerned states and union territories).

It said the Centre should respond on considering declaration of essential medicines and medical equipment including the above articles as essential commodities in relation to COVID and also on coordination of logistical support for inter-state and intra-state transportation and distribution of the above resources. "The situation in various parts of the country is grim. There seems to be a sudden surge in the number of COVID patients and mortality.

Other than vaccination which is prophylactic in nature, COVID can be treated only by some drugs such as Remdesivir. Oxygen to the patients is also said to be an essential part of the treatment," the bench said. It noted that drugs, oxygen and vaccination availability and distribution are being carried out by the governments, including the Centre, according to the protocols established by the health authorities. "Nonetheless, it seems that a certain amount of panic has been generated and people have invoked the jurisdiction of several high courts in the country seeking various reliefs such as Delhi, Bombay, Sikkim, MP, Calcutta, Allahabad and Gujarat," it said.

The bench said the high courts have passed certain orders which may have the effect of "accelerating and prioritising the services to a certain set of people and slowing down the availability of these resources to certain other groups whether the groups are local, regional or otherwise."