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Top courts of India on Covid as national emergency
Read more on - Polity | Economy | Schemes | S&T | Environment
- Out of control: On a day when India touched a grim world record of highest single-day increases in cases, an alarmed Supreme Court took suo motu cognisance of the handling of the second wave of Covid-19 and asked the central government to come up with a “national plan” on issues including supply of oxygen and essential drugs.
- CJI Bobde in action: The SC directed the Centre to file a response on four critical issues. “We want to know with regard to four issues — supply of oxygen, supply of essential drugs, method and manner of vaccination. We want to keep the power to declare lockdown to the state and this should not be by judicial decision…,” the Bench said.
- The Chief Justice of India SA Bobde heard the matter on 23-04-2021, and appointed senior advocate Harish Salve to assist the court in this matter.
- He said that “There is a lot of chaos happening. Some are using intemperate language, even the high court judges have lost their cool,” said CJI Bobde. The apex court also took note of the fact that at least six high courts are hearing petitions filed by exasperated citizens.
- High Court truly concerned: Bobde said “The high courts are rightly exercising their jurisdiction, but this is creating a lot of confusion and diversion of resources. One high court thinks they may have greater priority over other jurisdictions, but this may not possibly be even-handed,” the CJI said. The Bench, also comprising Justices L N Rao and S R Bhat, said it did not intend to supersede the orders of any states. “If the Centre had any national plan drafted, it could present the same before the concerned high courts,” he said.
- Citizens' lifeline: As central and state governments scrambled to protect lives across the country, several high courts — Delhi, Bombay, Calcutta, Karnataka, Tamil Nadu, Sikkim, Madhya Pradesh, and Allahabad – criticised the respective state governments for failing to control the situation. The judicial intervention came as several patients were unable to even get tested for Covid-19 at many places, especially in Uttar Pradesh and Bihar.
- Delhi HC: The Delhi HC observed that the situation in the national capital has turned “precarious” with many hospitals running out of oxygen and directed the Centre to ensure the gas is supplied without any hindrances. “We all know that this country is being run by god," observed an anguish bench of Justices Vipin Sanghi and Rekha Palli which was of the view that all measures should be taken for removing obstructions in the transportation of oxygen.
- Bombay HC: The Bombay High Court on 22-04-2021 directed the Centre and the Maharashtra government to file their respective replies by May 4 on the management of available resources, including hospital beds, Remdesivir drug, vaccines and oxygen, to tackle the Covid-19 pandemic. The court said there had to be a portal for availability of essential Covid-19 drugs. “You should realise this is an emergency situation. The situation is getting grim with each passing day,” it said.
- Telangana HC: It directed the state to file its response on a decision to impose a complete lockdown. On Thursday, the Madras High Court Chief Justice also took suo motu notice of media reports on the diversion of Remdesivir, along with the shortage of oxygen. The HC recorded the advocate general’s submission that the state may never see a shortage of oxygen supply even if there was an unforeseen peak. The TN government also assured that there are sufficient beds available in govt hospitals and many more in private hospitals.
- Gujarat HC: It asked the state government to formulate a policy for the distribution of Remdesivir injections to hospitals in view of the high demand of the key anti-Covid-19 drug.
- Summary: Many advocates had objected to the SC's approach. The bench said on 24-04-2021 that it had not transferred cases out of the high court. However, on 23-04, the SC had indeed said that since numerous high court were hearing related pleas, it could “cause confusion”. Then the court adjourned the matter till Tuesday, April 27, even though the matters it said it would be handling – including the supply of oxygen and essential medicines – are most urgent. The Supreme Court had also made senior advocate Harish Salve the amicus curiae in the case, but Salve recused himself saying people were pointing out he was appointed because of his school friendship with the CJI. Many senior advocates had criticised Salve’s appointment. The Solicitor General (SG) Tushar Mehta urged Salve not to step down. Meanwhile, hospitals remained in panic mode, as oxygen regularly ran out of their stocks!
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