Supreme Court on Friday has lashed out at the High Court
for passing orders that could be “difficult to implement” amidst the second
wave of the pandemic in the country.
The apex court has asked Allahabad High Court to refrain itself from passing impossible to implement orders to deal with the Covid-19 crisis in the state. This, however, puts the apex court body in suspicion of backing the Prime Minister Narendra Modi led-Centre government amidst the Covid-19 crisis.
Taking a suo moto cognizance, the Supreme Court has stayed an Allahabad High Court order in which the latter directed the medical facilities of the UP to fill ensure oxygen facility in all nursing home beds within four months.
The state court had also directed the Uttar Pradesh government to ensure that every village possesses two ambulances equipped with ICU facility within a month.
"High Courts must pass orders that are possible to implement," said SC bench of Justices Vineet Saran and BR Gavai.
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Apart from this, the apex court has refused to quash High Court’s “Ram Bharose” a comment that was made during a hearing on the petition filed to seek better care of Covid patients saying such observations need to be treated as advice.
Allahabad HC’s two-judge bench of justices Varma and Ajit Kumar had earlier this week used the popular Hindi phrase “Ram Bharose” which means “at the mercy of God” while referring to the state’s medical infrastructure, especially in smaller cities and villages.
"So far as the medical infrastructure is concerned, in these few months we have realized that in the manner it stands today, it is very delicate, fragile, and debilitated,” HC bench of Justices further added.
While appearing for Uttar Pradesh, Solicitor Tushar Mehta told the apex court body that observations like “Ram Bharose” demoralize health workers and create panic.
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"These observations are made in anxiety and concern for the general public. UP can treat this as an observation and advice and not direction," said SC to Allahabad High Court.
It further noted, “We cannot pass sweeping orders for all high courts as this appeal is against Allahabad HC order.”