High Courts Weekly Roundup [April 19, 2021 – April 25, 2021]

Click Here to read summary of orders passed by various High Courts this week on issues related to surge in Covid-19 cases. Allahabad High Court 1. It's A Shame That While Government Knew Of Magnitude Of COVID Second Wave, It Never Planned Things In Advance : Allahabad High Court A division bench of Justices Siddhartha Varma and Ajit Kumar ordered for lockdown in 5 cities of Uttar Pradesh citing the rise in Covid-19 cases and also made some strong remarks against the state government for not taking adequate preparatory steps "It is a shame that while the Government knew of the magnitude of the second wave it never planned things in advance", the Bench said. The order was however stayed by the Supreme Court. Also Read: COVID-19- 'Those In Helm Of Governance Are To Be Blamed For Present Chaotic Health Problems': Allahabad HC Imposes Lockdown In 5 Cities Till April 26 Also Read: Covid-19: Allahabad High Court Extends Interim Orders Passed By It And Subordinate Courts Till May 31 2. Consider Deletion Of Condition Prohibiting Consideration Of Premature Release, If No Application/Request Presented: Allahabad HC To UP Govt. [Satyavrat Rai v. State of UP & Ors.] A Division Bench of Justice Pankaj Naqvi and Justice Vivek Agarwal asked the Government of Uttar Pradesh to delete a provision from its policy framed for release of life convicts. It noted that the policy dated 01st August 2018 contains a clause that prohibits the consideration of premature release, if the same is not accompanied by any application / request. "The said condition is in teeth of the statute", observed the Court. 3. Not Reasonable To Restrain Hospital From Giving Covid Treatment, Merely On Allegation Of Charging Excessive Fees: Allahabad High Court [Medwin Hospital & Research v. State Of UP] A Division Bench comprising of Justices Surya Prakash Kesarwani and Syed Aftab Rizvi set aside an order of the Chief Medical Officer, Varanasi, restraining a hospital from giving treatment to Covid patients, on the allegation that it realized higher amount than the prescribed amount from a Covid-19 patient. It observed that it is not reasonable to pass such orders restraining hospitals from giving Covid treatment, especially when the State is witnessing a huge spike in Covid cases. 4. Constitution Guarantees Right To Trade, Not Profit-Allahabad High Court Dismisses Stamp Venders' Plea Seeking Continuation Of Stamp Papers in Physical form [All UP Stamp Vendors Association v. Union of India & Ors.] A Single Bench of Justice Yashwant Varma dismissed a writ petition filed by the All UP Stamp Vendors Association, seeking continuation of judicial and non-judicial stamp paper in its physical form. It rejected the Association's contention that discontinuation of paper stamps by the State Government violates the constitutional protections guaranteed by Articles 19(1)(g), 21 and 38 of the Constitution. "What the Constitution essentially guarantees is the right to engage in a profession, occupation, trade or business. It neither proffers nor holds forth a guarantee of a profit in that trade or business," the bench observed. Other developments: Properly Scrutinize Cases Before Deciding To File An Appeal, Refrain From Doing So When No Error Exists: Allahabad HC Directs UP Govt. Andhra Pradesh High Court 1. COVID19-Inform About Steps Taken, Testing Facilities, Availability Of Oxygen Cylinders, Remdesivir Injection Etc: AP High Court To State A Bench of Chief Justice Arup Kumar Goswami and Justice C. Praveen Kumar asked the State Government to file a comprehensive affidavit with regard to the steps taken by the State to deal with the present COVID-19 pandemic. It has directed that the affidavit should include various facets such as: (i) Testing facilities, (ii) Time being taken for giving reports, (iii) Hospitals notified for treatment, (iv) Availability of Oxygen cylinders and (v) Remdesivir injections etc. Bombay High Court 1. Centre's Order Reducing Oxygen Supply Hit Maharashtra As A Bolt From Blue : Bombay High Court Directs Restoration Of Earlier Quantity A division bench of Justices Sunil Sukre and SM Modak at Nagpur Bench of the High Court held an urgent night sitting on Wednesday night to ensure uninterrupted supply of Oxygen to the city hospitals. It questioned the Ministry of Health and Family Welfare for reducing the supply of oxygen to Maharashtra from the Bhilai Plant (Chhattisgarh) despite the State bearing the load of 40% Covid19 patients in India, and directed immediate restoration of supply. It also pulled up the State Government for not complying with its earlier order directing to supply 10,000 vials of Remdesivir, an anti-viral drug, to Hospitals treating Covid-19 patients in the city. Also Read: 'We Are Feeling Ashamed Of Ourselves': Bombay High Court Pulls Up State Govt For Non-compliance Of Its Order To...

High Courts Weekly Roundup [April 19, 2021 – April 25, 2021]

Akshita Saxena

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