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“Not inclined to proceed any further,” says Delhi HC as Delhi govt informs no oxygen supply made to MLA Imran Hussain from quota

The Delhi High Court today dismissed a plea alleging that Imran Hussain, Delhi cabinet minister and Member of Legislative Assembly from Aam Aadmi Party was “hoarding” oxygen cylinder at a time when the entire city was facing crisis of the supply of the oxygen.

In view of Delhi government response that neither did it allocate any oxygen to the Minister from the allocated quotaa nor did refillers provide him anything, a Division Bench of Justices Vipin Sanghi and Rekha Palli opined,

“We are not inclined to proceed any further.”

The Court also considered that Hussain’s stand that the oxygen cylinders were on rent and oxygen was procured from a refiller in Haryana had been verified by the Amicus Curaie, Senior Advocate Rajshekhar Rao.

Following the order, Senior Advocate Rahul Mehra argued that such pleas should be discouraged by the Court.

“Such applications are causing embarrassment…kindly see that it takes away the spirit of service… There should be a deterrence.

Senior Advocate Vikas Pahwa who represented Hussain also raised a similar grievance.

“People in my constituency are deprived of my good efforts. My name was on front page of newspapers.. The petition did not even have independent evidence… no onus, no responsibility. In future, let him do an independent inquiry… there are people doing good jobs.”

The Court, however, opined,

If you’re doing something good, please do it. We’ve not stopped you. We can’t stop people from coming to court.”

The plea had alleged that distribution of oxygen by Hussain was illegal and unlawful as it amounted to hoarding.

To substantiate the claim, the applicant had referred to a tweet by AAP Delhi account, which stated that free oxygen was available at Hussain’s office.

Looking at the pictures in the tweets, the Court had opined that it was clear that there was no hoarding as people were taking cylinders from the office.

It had also opined that if Hussain was “not eating away from the allocated” quantity of oxygen to Delhi, there was no reason to raise an alarm.

Advocate Amit Tiwari appeared for the applicant.


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