Thread by @barandbench

#SupremeCourt hears a plea regarding setting up of a commission of inquiry for proper distribution of oxygen

Justice Chandrachud: we don't set up commissions of inquiry here. We have set up a national task force. we cannot encroach upon the executive domain

#covid19

Justice Chandrachud: it is very easy to criticize the court or government without being on the hot seat. . Is it fit we conduct a legal post mortem of the issue now here?

Justice Chandrachud: You must invoke remedies under CrPC before seeking CBI probe and this is not a case for commission of enquiry. article 32 is to be the last resort..lets do something positive for the society...

Justice Chandrachud: the country is dealing with a crisis, we must be wary of demoralizing authorities who are handling this crisis. We must do something positive.

Adv Medhanshu Tripathi: inquiry will help in knowing where the fault lies, there is no fact finding here..

Justice Chandrachud: There are other Ps in a PIL and we don't want our court to be an instrument to further the other Ps in a PIL

Justice Chandrachud: it is very easy to blame authorities in govt position today. doctors are beaten up when a patient dies in a hospital today . answer is not in assault. this plea begins with an assumption we cannot entertain this..

Justice Chandrachud: I don't think a retired judge headed commissions of enquiry can do something which the national task force cannot do. these are eminent doctors.

SC: Article 32 plea has been filed to set up a commission of enquiry headed by a former sc judge or former hc chief justice and monitor the medical oxygen related scarcity by the supreme court.

SC: By an order June 1, 2021, this court while exercising its suo motu jurisdiction constituted a national task force consisting of eminent doctors. Remit of the NTF has been formulated in broad terms.

SC: One of the areas for the NTF to ensure adequate availability of oxygen. Since NTF is looking into this aspect its neither appropriate to have parallel proceeding by commission of inquiry. As regards to CBI probe being sought, remedies are available under crpc

SC: allegations of criminal wrong cannot be assumed or alleged without availing remedies under crpc. Here plea under article 32 has been filed directly. We decline to entertain this plea. Dismissed

#supremecourt

[Oxygen Shortage] Easy to criticise government, court without being in the hot seat: Supreme Court

report by @DebayonRoy

#SupremeCourt #oxygen #COVID

Read story: bityl.co/8xmh