Thread by @barandbench

BREAKING: Solicitor General Tushar Mehta appears for Uttar Pradesh government in an appeal against order passed by the Allahabad HC where it was sdirected that all nursing home beds should have oxygen facility etc in suo motu covid19 case
#SupremeCourt
#covid19

UP Govt urges that all COVID19 related matters be listed before the Chief Justice of High Courts led bench.

SG Mehta: health infrastructure can never be ignored. But these directions are impossible to comply with. Earlier there was orders passed like impose lockdown in several cities which you had stayed
#supremecourt

The order here being appealed against is the suo motu case in Allahabad HC titled (IN RE: INHUMAN CONDITION AT QUARANTINE
CENTRES AND FOR PROVIDING BETTER
TREATMENT TO CORONA POSITIVE)

SG: In Allahabad HC there are other PILS which is listed before other benches in which notice has been issued. Similar cases in other high courts too. But let such matters be placed before only Chief Justice led benches

Justice Saran: we understand the anxiety of the court. But this is a matter of concern. Courts should also have some judicial restraint not pass orders which are difficult to be implemented

Justice Gavai: we lack the expertise too

SG: There are trans state issues too. Some issue in Kerala High Court can have repercussions in Karnataka

Justice Saran: you appear for?

SG: I appear for UP but I wear a second hat too of being the solicitor General

Supreme Court reads the portion of the order where best brains had been asked to help the govt and not only bureaucrats

SG: which other brain should I depend upon? I welcome judicial review but we should be circumspect of issues which have wider ramification

Supreme Court: but what is wrong in taking help from the best brains. Nothing wrong with that order

SG Mehta: Your lordship can urge courts to be a little circumspect. we will cooperate fully and let it be heard by HC Chief Justice led benches as we are in a unprecedented time

SG: These directions being passed is often seen at the bureaucratic level. all chief justice led benches should take up the covid related issues and high courts must take up such issues but let only chief led benches hear it.

#SupremeCourt

BREAKING::

SC: UP has challenged the May 17 order of Allahabad HC . at the outset we appreciate efforts taken by Allahabad and other high courts in management of covid problem in all parts of country.

#SupremeCourt: However in dealing with such matters with concerns the court has for patients and anxiety of courts to give utmost relief to those suffering sometimes unwittingly courts overstep and pass certain orders which may not be capable of being implemented.

SC: In the present case UP is aggrieved by the May 17 order whereby according to SG Mehta the directions issued therein are incapable of being implemented howsoever much the state may be desirous of implementing them

SG: ad an example Mr Mehta has stated that directions have been issued that every B grade c grade ad village be provided with at least two ambulances with ICUs and same should be done in 1 month. SG says there are 97,000 villages and its impossible to provide it

SC: State endeavours to provide as much facility but orders which cannot be implemented will embarrass the state government.

SC: Another example is in Para 17 which has directed that all nursing homes should have oxygen facilities and that they should have 40% beds as ICU and others should have ventilators as well as BiPaP machines.
@myogiadityanath
#supremecourt

SC: SG has submitted that it has been further ordered by the HC that medical colleges like Rajiv Gandhi institute of medical sciences be set up or upgraded to its stature in such a short period of time. The submission is further that certain observations also been made

SC: It has also been ordered that vaccines should be manufactured after taking formula of vaccine from any manufacturer in world and produce vaccines, SG has submitted that such a direction cannot be compiled with.

SC: Further observations has been made relating to present medical facility of the state and that entire medical facility of smaller villages and districts in Ram Bharose or in hands of God. SG says such observations demoralised doctors and para medical staff who are over worked

SC: SG submits that such observations may also create panic among citizens of the state and nullify the endeavours of the state govt in whatever they are doing to give relief to citizens. In our view this order may be well meaning and passed in anxiety

SC:but since these directions cannot be compiled with, all such direction should be treated as observations of the court and not as directions. We hope the state works to fulfill and provide facility to patients of the state and advise of court dated May 17 should be kept in mind

SC: SG submits that there are many issues like handling pandemic, treatment and vaccines etc which may effect other states too. It is submitted that courts should take complete picture into account and not only one state in mind.

SC: SG also submits that certain policy decision needs to be taken which has benefit of expert opinion which the court may not have. SG says since its a matter of grave importance, and because such matter in other HCs are pending before Chief Justice of HC led benches...

SC.... it would be desirable that this matter too is presided over by the Chief Justice of Allahabad HC. Be that it is may, such important matter are heard by Chief Justice led benches but constitution of benches is prerogative of CJ and its up to them to pass appropriate orders

SC: we are of the opinion that High courts should normally consider the possibility of execution of their directions. if such directions cannot be implemented then such orders may not be passed. the doctrine of impossibility is equally applicable to courts.

SG: if you can please add that Chief Justice of all high courts deal with COVID cases

SC: we will not pass sweeping orders, we are only passing order on your HC.

SC: in matters concerning national and trans national ramification High courts should avoid passing orders as Supreme Court hears it. However we stay the directions passed in May 17 order of the Allahabad HC. But proceedings can continue in HC

SC: This case will be taken up next on July 14, 2021. Senior Adv Nidhesh Gupta is appointed as the amicus and papers be served upon him in next three days

SG: please pass a statement about high courts where chief justice led benches can hear it

SC: We cannot demoralise the High Courts. We have balanced our order.

#SupremeCourt

Matter over

[BREAKING] High Courts should consider possibility of execution of directions: Supreme Court stays Allahabad High Court order on COVID-19 issues

report by @DebayonRoy

#SupremeCourtofIndia #allahabadhighcourt
#COVID19

barandbench.com/news/litigatio…

[BREAKING] SG Tushar Mehta asks Supreme Court to pass directions to all High Courts to list all COVID related cases before Chief Justice Benches;

Supreme Court refuses, says it "cannot pass sweeping directions"

@DebayonRoy reports

#SupremeCourt

barandbench.com/news/litigatio…