SC stays Allahabad HC order terming health infra in Uttar Pradesh as 'Ram bharose'
The Supreme Court on Friday said that the High Courts dealing with Covid management cases should refrain from passing orders which had trans-national ramifications.
A bench of Justices Vineet Saran and B R Gavai stayed the Allahabad High Court's multiple directions issued on May 17 for augmenting health infrastructure in Uttar Pradesh, including on procurement and manufacturing of vaccines.
The High Court had then, "the entire medical system of the state pertaining to the smaller cities and villages can only be taken to be like a famous Hindi saying ‘Ram Bharose’ (at the hands of God).
The bench said the High Courts must ponder over practicality aspect and refrain from passing orders which were impossible to implement.
"High Courts should normally consider the possibility of execution. If such directions cannot be implemented, then such orders may not be passed. The doctrine of impossibility is equally applicable to courts," the bench said.
Acting on a special leave petition filed by the Yogi Adityanath government, the bench said the High Court should avoid taking up issues which had national impact, more so in the light of the fact that the top court was already dealing with the pan-India issues.
The top court, however, refused to allow a plea by Solicitor General Tushar Mehta, appearing for the UP government, that only a bench led by Chief Justice should consider the matter related to Covid-19 management in different High Courts. Holding that it was the prerogative of the Chief Justice of the High Court to set up a bench, the top court said it cannot pass sweeping directions and demoralise the High Courts.
The court suspended the HC order to the state government to provide two ambulances with ICU facilities to each of 97,000 villages within one month. The HC had directed for all nursing homes to have an oxygen facility on every bed and must have at least 40 beds with ICU facilities. It had also directed for enhancing five medical colleges with facilities equal to the Sanjay Gandhi Postgraduate Institute within a period of four months.
The High Court had then also wondered, "one cannot understand as to why the Government of ours which is a welfare state is not trying to manufacture the vaccine itself on a large scale."
The top court appointed senior advocate Nidhesh Gupta as amicus curiae and put the matter for further consideration on July 14.