Allahabad High Court's Acting Chief Justice Led Bench To Hear Suo Moto Case On COVID Management In UP After Roster Change

Sparsh Upadhyay

5 Jun 2021 7:27 AM GMT

  • Allahabad High Courts Acting Chief Justice Led Bench To Hear Suo Moto Case On COVID Management In UP After Roster Change

    In a significant development, the ongoing matter before the Allahabad High Court related to COVID Management in the State of Uttar Pradesh [In-Re Inhuman Condition At Quarantine Centres And For Providing Better Treatment To Corona Positive] would be heard by the Bench of Acting Chief Justice Sanjay Yadav and Justice Prakash Padia after the change in Roaster.In this matter, the Allahabad...

    In a significant development, the ongoing matter before the Allahabad High Court related to COVID Management in the State of Uttar Pradesh [In-Re Inhuman Condition At Quarantine Centres And For Providing Better Treatment To Corona Positive] would be heard by the Bench of Acting Chief Justice Sanjay Yadav and Justice Prakash Padia after the change in Roaster.

    In this matter, the Allahabad High Court has been taking stock of the chaotic situation in the state due to the lack of medical and healthcare facilities and till now, a Division Bench of Justices Siddhartha Varma and Ajit Kumar was hearing this matter.

    In this very matter, the Allahabad High Court last month said that the condition of medical and health infrastructure in small towns and rural areas of Uttar Pradesh is 'Ram Bharose' (at the mercy of God).

    A Division Bench of Justices Siddhartha Varma and Ajit Kumar had said,

    "The entire medical system of the State pertaining to the smaller cities and villages can only be taken to be like a famous Hindi saying 'Ram Bharose'."

    However, 4 days after the order was passed, the Supreme Court had stayed the directions issued by the Allahabad High Court on May 17 for upgrading the medical facilities in the state of Uttar Pradesh on a war-scale footing.

    A vacation bench comprising Justices Vineet Saran and BR Gavai had stayed the order after hearing the submissions made by the Solicitor General of India Tushar Mehta on behalf of the State of Uttar Pradesh.

    Notably, the Solicitor General had also requested the Supreme Court to direct that COVID-related issues must be dealt with the benches led by Chief Justices of High Court. The Supreme Court refused to pass such an order, saying that constitution of benches is a prerogative of the Chief Justice, but observed that it is desirable that such matters of public importance are dealt with by benches led by Chief Justices.

    It may be noted that in this matter, the Allahabad High Court has been making some crucial remarks and the Court has been critical of the way the Uttar Pradesh Government has handled the COVID Pandemic situation in the State.

    Some critical remarks made by the bench of Justices Siddhartha Varma and Ajit Kumar

    On May 17, expressing its dissatisfaction at the steps taken by the UP Government to test the rural population for Covid-19 and for enhancing the medical and health infrastructure in remote areas, the Allahabad High Court observed that citizens of UP are being led towards the third wave of pandemic.

    "If this is the state of affairs of five districts, one can guess where we are leading people of this State to i.e. third wave of the pandemic," a Division Bench of Justices Siddhartha Varma and Ajit Kumar said.

    Amid the rampant shortage of vaccine doses across the nation, a Division Bench of Justices Siddhartha Varma and Ajit Kumar said,

    "one cannot understand as to why the Government of ours which is a welfare state is not trying to manufacture the vaccine itself on a large scale."

    The Allahabad High Court on 11 May observed that the State must grant at least Rs. 1 crore as ex-gratia compensation to the families of polling officers who died due to COVID-19 while after the UP Panchayat polls.

    "It is not a case that somebody volunteered to render his/ her services during election but it was all made obligatory to those assigned with election duty to perform their duties during election even while they showed their reluctance," observed a Division Bench of Justices Siddhartha Varma and Ajit Kumar.
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