The Supreme Court on Friday said it doesn’t want to demoralise High Courts or the state government while refusing to pass an order on Solicitor General Tushar Mehta’s submission that matters of Covid management in states should only be taken up by Chief Justice bench of the respective High Courts.
The bench of Justices Vineet Saran and B.R. Gavai also has stayed the Allahabad High Court order order passed on May 17 in a suo motu matter titled Re:Inhuman Condition at Quarantine Centres & Providing Better Treatment to Corona Positive. The High Court directed the Uttar Pradesh Government to ensure that all nursing homes in the state should have oxygen bed facility. It asked the government to provide B and C grade towns with at least 20 ambulances and every village two ambulances with intensive care unit facility etc.
SG Mehta had submitted, “Health infrastructure can never be ignored but these kind of directions are impossible to comply with. The orders have trans-state effect. We are taking advice of everyone. Court should be circumspect in issues which have wide effect. If it is channelised that every Chief Justice should take up these matters. Like the import of essential drugs that can’t be ordered.” He also pointed out that the state has further been directed to upgrade medical colleges as per the stature of Sanjay Gandhi Medical College.
The Supreme Court observed that while passing such orders the HC sometimes unwittingly oversteps and passes such orders that may not be capable of being implemented.
The Supreme Court noted in its order, “The High Court has also observed that the medical system of state is like “Ram Bharose” in the Hands of God. According to SG, the statement demoralises the health workers who are trying their level best to treat coronavirus patients. And such observations also create panic among citizens and nullify the endeavours of the state government whatever they are doing in the time of pandemic.”
The Apex Court said since these directions cannot be complied with, all such directions should be treated as observations of the court and not directions.
The Supreme Court further said, “We are of the opinion that High Courts should normally consider the possibility of execution of their directions. The High Court should see the implementation of their directions and if such cannot be implemented, the Court may not pass such directions.”
Furthermore, the Apex Court said, “In matters concerning national and trans-national ramifications, High Courts should avoid passing orders as Supreme Court hears it. However, we stay the directions passed in May 17 order of the Allahabad HC. We are not staying the proceedings before the High Court. We direct that the matter be listed on July 14, 2021. We appoint Nidhesh Gupta as Amicus Curiae to assist the Court. The copy should be supplied to Gupta within three days.”