Covid-19: SC Stays Allahabad HC Order as Certain Directions were Incapable of Being Executed

The Supreme Court has stayed the order passed by Allahabad High Court on May 17 directing the state to upgrade its medical facilities. Solicitor General Tushar Mehta while arguing before vacation bench of Justices Vineet Saran and BR Gavai said that the High Court's directions, though well-meaning, are difficult to implement.

In its May 17 order the division bench of Justice Ajit Kumar and Siddhartha Varma had passed a slew of directions including ramping up of testing, improving and increasing public health facilities, increasing ICU Beds in nursing homes, constructing oxygen production plant in hospitals that have more than 30 beds, and so on. The bench had also commented that the entire medical system in the state of Uttar Pradesh pertaining to the smaller cities and villages can only be taken to be like a famous Hindi saying ‘Ram Bharose’ (at the mercy of God). Such observations, which according to the Solicitor General, will have a demoralising effect on the health care professionals in the state.

SG Mehta further argued that the court had directed that every village in the state must be provided with 2 ambulances with ICU facilities within one month, which was difficult to implement as there are 97,000 villages in the state.

The court had also made observations relating to vaccine production, and stated that incentives should be introduced for people to take the vaccine and that government may negotiate with global manufacturers and procure vaccines at reasonable prices. SG Mehta contended that the High Court should refrain from passing directions in policy matters, especially when they can have trans-state and even trans-national ramifications.

The vacation bench of the apex court, firstly, applauded the efforts of the Allahabad High Court for taking up the matter of Covid management in the state. The court however observed that sometimes they “overstep and pass certain orders that are not capable of being implemented", and advised that while passing directions, the high courts should consider whether or not such orders are capable of being executed.

"In matters concerning national and trans national ramifications, High Courts should refrain from passing orders", the apex court cautioned. The court granted stay on the operation of the order, however, ordered that the UP government should treat them as advisory guidelines and should take all possible endeavours to implement them.

Thereafter, SG Mehta also sought directions that Covid related matters pending before high courts should only be dealt with by benches headed by the Chief Justice of the court. The court however refused to pass any such orders stating that it did not wish to demoralise the high courts by passing any such sweeping orders. "The constitution of Benches is the prerogative of the Chief Justice of the concerned High Court. We will not pass an order for every High Court,” the bench reportedly remarked.

An order passed by the same bench on April 19 was also stayed by the Supreme Court on April 20. In this order the high court had directed partial lockdown in Prayagraj, Lucknow, Varanasi, Kanpur Nagar and Gorakhpur. The order was stayed by bench of former Chief Justice SA Bobde, Justices AS Bopanna and V Ramasubramanian.

(To be updated with order)

Courtesy: Sabrang India