'Not A Mute Spectator' : Suo Motu Cases Taken By Supreme Court In 2021

'Suo motu' is a Latin term which means 'on its own motion'. When the Court takes suo moto cognisance of an issue, it institutes a case on its own accord by taking cognisance of a public issue. At times, the Court's suo motu actions will be based on letter petition, media reports etc. When the COVID-19 pandemic and plight of those in distress had evoked a feeling of helplessness and indignation amongst most people in the country, the Supreme Court of India intervened to monitor the availability of vaccines, medicines, oxygen etc. The Court also took pro-active actions for the benefit of several sections including the migrant workers, orphaned children etc."At a time of national crisis, the Supreme Court cannot be a mute spectator" the Supreme had said in its suo motu case taken on COVID issues. The following are the suo moto cases that were taken up by the Supreme Court in 2021:In Re Remediation of Polluted RiversThe Supreme Court on 13th January 2021 took suo moto cognisance on the issue of "remediation of polluted rivers". The Court decided to address the pollution of water resources and the deterioration in the quality of freshwater. A bench comprising the then Chief Justice of India S.A. Bobde, Justice A.S. Bopanna and Justice V. Ramasubramanian observed that one of the major causes of water pollution was the discharge of non-treated/ partially treated municipal waste and effluents of various States and citiesThe Bench issued directions to CPCB to submit a report identifying municipalities along the river Yamuna, which have not installed total treatment plants for sewage, highlight any other source of prominent contamination within the limits of Municipalities and also submit priority-wise list of Municipalities, river stretches adjacent to which have been found to be most polluted.Observing that pollution-free water is a fundamental right that a welfare state is bound to ensure, the Supreme Court had also called for a response from the Ministry of Jal Shakti.Later, a Bench headed by Justice Nageswara Rao appointed a committee to conduct a local inspection with regard to the quality and quantity of water released by the state of Haryana at Balla (upstream of the Yamuna river in Delhi), the level of the Wazirabad bank and whether the Delhi government is diverting the water to the Water Treatment Plants at Wazirabad, Chandrawal and Okhla before the water reaches the Wazirabad bank.Case Title: In Re: Remediation of Polluted Rivers, SMW (C) 1/2021Appointments to Consumer Disputes Redressal Commission :The Supreme Court on 22nd February 2021 registered suo moto proceedings with regards to the "inaction of the governments in appointing the President, Members and respective staff of various District and State Consumer Disputes Redressal Commissions across India."A division bench comprising of Justice Sanjay Kishan Kaul and Justice Hemant Gupta had issued certain directions to ensure that the vacancies are filled in of the Chairman/members of the Consumer Forums. The Supreme Court had also clarified that the process of filing up vacancies in the State Consumer Commissions as per directions issued by it must not be impeded by the judgement passed by the Nagpur Bench of the Bombay High Court on 14/09.2021 quashing certain Consumer Protection Rules.The Court sought response of the Union of India and State Governments on the aspect of providing information as of 1st March 2021 regarding vacancy positions and had granted two weeks time to all the States for sending such information to National Commission. Later, the Court had warned that costs in the range of Rupees 1 to 2 lakhs will be imposed on States which fail to submit status reports within a week regarding the vacancies in State Consumer Dispute Redressal Commission, and the costs will be recovered from the concerned officials.On December 1, the bench issued a slew of directions to the States to fill up the consumer commission vacancies by the end of January 2022.Case Title: Inaction of the Governments in appointing President and Members/Staff of Districts and State Consumer Disputes Redressal Commission and inadequate infrastructure across India vs. Union of India and ors, SMW (C) 2/2021Distribution of Essential Supplies and Services During Pandemic: The Supreme Court had in April 2021 decided to take up suo the case to deal with COVID19 related issues and distribution of Essential Supplies and Services during Pandemic. The Bench issued directions on several important issues including oxygen shortage, vaccination drive and price policy, availability of Remdesivir and other important, protection to covid warriors,etc.The Court had made a prima facie observation that the Centre's vaccination policy, which does not provide free vaccination for those in the age-group of 18 to 44 years, as "arbitrary and irrational" and had asked the Centre to revisit the same. The Court flagged several issues with the Centre's vaccine policy, and observed that the policy...

'Not A Mute Spectator' : Suo Motu Cases Taken By Supreme Court In 2021

Srishti Ojha

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