Thread by @barandbench

Supreme Court to shortly hear the appeal of Uttar Pradesh govt against Allahabad HC’s order wherein it had passed directions in its suo motu COVID case for improving the medical facilities. A vacation bench had earlier stayed the order.
#supremecourt #suomotu #covid19

hearing begins

Matter has been passed over as SG Tushar Mehta is in another court

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Uttar Pradesh has 2,200 basic life support ambulances, plans to establish paediatric ICUs with 10-15 beds: State tells Supreme Court

#SupremeCourt #covid19 #suomotu #uttarpradesh
@CMOfficeUP

Read full story: bit.ly/3xIlg26

SG Tushar Mehta: apologies i could not be here earlier

Justice Saran: what is the position now?

SG: Acting Chief Justice is hearing it now

Justice Saran: we did not direct since we were conscious that it is domain of the high court. You asked us to direct but we did not

SG Mehta: some wisdom only comes from you who have been at both sides. you can set aside the impugned order

Justice Saran: we had already stated that the observations should be taken as suggestions

Justice Maheshwari: why is formal set aside required. that order is overtaken by our earlier order

Justice Saran: what we want your assistance in is if you can collate all the orders passed in this case and place before us

Justice Saran: since HC has taken it up we might not intend to take this up

Sr Adv Nidhesh Gupta: HC in the impugned order had said these are suggestions and viability has to be seen by state

Justice Saran: whether it would at all be needed for HC to tread on this arena. We have to examine that. the objective was in fairness to everybody so sufferance is minimum but we have to respect the demarcation. How fat was ram bharose comment justified?

Justice Saran: how many ambulances are there, how many oxygen beds are there....we don't want to comment on that. its not that you cannot give suggestions but how can you ask local companies to take vaccine formula and manufacture it? how can such directions be given

Justice Maheshwari: whether at all it is area where courts should venture into? even if practical, the question is earmarked for executive and when these are times of crisis where everybody has to proceed cautiously and take note of what is to be done by whom.

Justice Maheshwari: we may have 110 suggestions but will it become an order. We have to remember we are constitutional court.

Justice Saran: we will take it up on week commencing August 9

Justice Maheshwari: if there are boundaries and parameters for every organ to work then how does that happen, you have to assist on that Mr Gupta

Amicus Gupta: they say 1,771 oxygen concentrators have been purchased and 20,000 is on the way...

Justice Saran: what we want to lay down is how far can constitutional court venture into an issue like this.

Justice Maheshwari: collective efforts needed in crisis, but good intent in itself does not give everybody a right to enter into different arena. there cannot be straightjacket formula but there are certain norms within which every institution works.

Sr Adv Nidhesh Gupta: Please ensure what UP Govt proposes to do is done before the third wave. as it is a lull before the storm.

Matter over. we will have it on August 10, 2021. HC can proceed with the matter.

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Next date of hearing modified to August 12, 2021.

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How far can constitutional courts venture into executive domain of COVID-19 management? Supreme Court Division Bench to examine

report by @DebayonRoy

#SupremeCourt #allahabadhighcourt #COVID19

Read more here: bityl.co/7pMB