Allahabad High Court: The Division Bench of Sunita Agarwal and Sadhna Rani (Thakur), JJ., addressed a matter wherein it was alleged that there is ongoing Black Marketing of Oxygen in Ghaziabad.

Diversion of Oxygen Cylinders

Public Interest Litigation consisted of the allegations filed by a sitting M.L.A with regard to the diversion of oxygen allocated for District Ghaziabad and the resultant death of people in Loni Constituency and Ghaziabad District on account of the shortage of oxygen cylinders.

The allegations were primarily of the involvement of respondent 6 who was posted as Additional District Magistrate in the matter of diversion of oxygen cylinders.

Due to the inaction of Senior Superintendent of Police, Ghaziabad in the present matter, the petitioner has approached the Court.

What the Petitioner seeks?

Petitioner seeks a high-level inquiry regarding the matter of diversion of oxygen cylinders from District Ghaziabad to Delhi and the State of Haryana on account of corrupt practices of respondent 6 who is the in-charge of oxygen distribution in District Ghaziabad and as such he is responsible for black marketing and illegal sale of oxygen to Delhi and Haryana.

CBI inquiry in the said matter has been sought.

Manish Goyal Additional Advocate General assisted by Jai Narayan, Additional Government Advocate, submitted that by an order dated 20-04-2021, regulation of the distribution of oxygen supplies to designated hospitals for COVID positive cases was ordered.

The State quota for oxygen was allocated by the Central Government and the distribution was made by the agencies directly to the designated COVID hospitals.

Further, it was added that no shortage of oxygen supply complaint was made from any of the hospitals and in the Loni constituency, there was only one COVID designated hospital and no complaint from the same was made.

In view of the above discussion, High Court directed that the District Magistrate Ghaziabad shall file an affidavit bringing on record the statement made by him in written instructions sent to Manish Goyal.

Bench also added that inquiry report in the inquiry instituted by him on the allegations made in the complaint dated 1-5-2021 filed by the petitioner shall also be brought on record with the said affidavit

Matter to be posted on 07-06-2021. [Nand Kishore v. State of U.P., 2021 SCC OnLine All 334, decided on 21-05-2021]

Advocates before the Court:

Counsel for the Petitioner: Zaheer Asghar, Ankur Azad, Shashwat Anand

Counsel for the Respondent: G.A., A.S.G.I.

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