"We Are Not Overtaking The Powers Of High Courts Or The Executive": Read The Full Courtroom Exchange In Supreme Court's Suo Motu Covid Matter

Having taken suo moth cognisance of the COVID- related issues in the country, the Supreme Court on Tuesday clarified that it does not intend to supplant or substitute the High Courts in their dealing of the practical issues and problems in their territories. "We acknowledge that Article 226 is valuable for the protection of both Fundamental rights and legal rights. High Courts are best-situated to assess the ground realities in each state and come up with flexible solutions for practical concerns of the citizens. They may find solutions with the cooperation of all the authorities concerned", the bench headed by Justice D. Y. Chandrachud asserted.At the same time, the bench clarified it is also important that the intervention of the top court is appreciated in proper perspective, that the Court has jurisdiction under Article 32 towards the protection of fundamental rights, and that in the face of a national crisis, the court cannot stand silent as a mute spectator. "Our role will be complimentary to the functioning of the High Courts. Neither is intended to substitute the other. We are on the national issues, the broader issues of a systematic nature, the issues which are beyond state boundaries and that is why the suo motu cognisance was taken" "By the pendency of these proceedings, the High Courts are not restrained from continuing to deal with the issue that they are seized of", the bench, also comprising Justices L. Nageswara Rao and Ravindra Bhat, stated.The bench, on Tuesday, required the Union of India to highlight the following issues before the Court: Supply of oxygen – the bench initially required the Centre to tell the total availability of oxygen in the country, but SG Tushar Mehta urged the court to avoid this aspect –" I have good reason for it. The oxygen is being augmented but I don't want to create any panic". Then, the bench agreed to exclude this point. Instead, the court has asked to be apprised of the projected demand for oxygen in the country at present and the future; the steps being taken to augment the availability of oxygen; the monitoring mechanism to be put into place for the supply of oxygen to the states; the basis of allocation of oxygen to the states from the central pool; and the methodology for communication of states' requirement to the Centre on a daily basis.Enhancement of critical medical infrastructure- The bench also asked the Centre to clarify the issue of enhancement of the critical medical infrastructure- number of beds, Covid treatment centres equipped with personnel, healthcare professionals.The Court has also asked for details as regards the availability of essential drugs such as Remdesivir. The bench also indicated the need for a system of seamless communication of their requirements from the district collectors to the Health Departments of the states to the Ministry of Health and Family Welfare and for a daily monitoring of the same.Vaccination: The bench recorded, "As of now, there are two vaccines which are available in the country- Covishield and Covaxin. At present, the vaccination has been extended to all above the age of 45 years, and from May 1, the age group of 18 to 45 will be added to this existing group". The order requires the Union of India to clarify the projected requirement of vaccine and the modalities to ensure that any deficit will be catered to."The Union of India shall also highlight the basis and the rational for the pricing of the vaccine", directed the bench.The bench also suggested the setting of a comprehensive, official line of communication at a national level, where individuals may acquire information on a daily basis for combating the pandemic at their level. The bench suggested that the Union of India come up with an identified panel of specialists for this purpose, which model can be replicated by the state governments.The bench also appointed Senior advocates Jaideep Gupta and Meenakshi Arora as amicus curiae in the matter.The following is the courtroom exchange as it transpired:SG Tushar Mehta: I have filed a detailed reply.as has been rightly indicated by Your Lordships, that this is the fight for the nation; If we fails the nation fails; if succeeds, then we succeed collectively. Apropos to what Your Lordships said that there must not be any political bickering (in the earlier matter where Vedanta has been permitted to run its oxygen plant in Madras), it is with the same spirit that I have filed this affidavit.Unfortunately, since the affidavit could only be filed today, Your Lordships would not have the occasion to see it. But just to satisfy Your Lordships, may I indicate a letter by the Additional Director, Health averring that some states like that of Kerala and Tamil Nadu have made a rational utilisation of oxygen and there has been a reduction in their consumption by 25%, and urging all other states to follow in their footsteps. So these states are appreciated! It is not about Aam Aadmi Party or BJP or the left or the ...

"We Are Not Overtaking The Powers Of High Courts Or The Executive": Read The Full Courtroom Exchange In Supreme Court's Suo Motu Covid Matter

Mehal Jain

Tags