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

The Supreme Court on Monday said that when the country is dealing with a crisis, people must be wary of demoralizing authorities who are handling such crisis (Naresh Kumar v. Union of India) .

. Instead of criticising courts or government in such situations, it would be advisable to contribute something positive, the Court said.

"It is very easy to criticize the court or government without being on the hot seat. The country is dealing with a crisis. We must be wary of demoralizing authorities who are handling this crisis. We must do something positive," said Justice DY Chandrachud.

The apex court was hearing a plea filed by one Naresh Kumar seeking a probe by a commission of inquiry headed by a retired judge, or the Central Bureau of Investigation into oxygen shortage and issues regarding distribution of oxygen between States, during the second wave of COVID-19.

"Is it fit that we conduct a legal post mortem of the issue now here," demanded Justice DY Chandrachud.

The Bench which also comprised Justice BV Nagarathna said that the Court had already set up a national task force (NTF) to streamline oxygen allocation to different states and review and suggest measures to ensure availability of essential drugs and medicines.

The twelve-member NTF set up by the Supreme Court comprising doctors and other experts had also submitted a report to the Court commending the work done by the Central government with respect to Oxygen management for COVID-19.

"We have set up a national task force. We cannot encroach upon the executive domain," the Court said.

. The Court further said that the petitioner should have invoked remedies under criminal law and an Article 32 petition before the Supreme Court should have been the last resort.

"You must invoke remedies under Code of Criminal Procedure (CrPC) before seeking CBI probe and this is not a case for commission of enquiry. Article 32 is to be the last resort. Let us do something positive for the society," the Bench said.

. Advocate Medhanshu Tripathi appearing for the petitioner, said that an inquiry will help in knowing where the fault was.

However, the Bench refused to relent.

"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," the Court said.

. The Court, therefore, ordered:

" One of the areas for the NTF to ensure adequate availability of oxygen. Since NTF is looking into this aspect it is not appropriate to have parallel proceeding by commission of inquiry."

As regards CBI probe being sought, remedies are available under CrPC, the order further said.

"Allegations of criminal wrong cannot be assumed or alleged without availing remedies under CrPC. Here a plea under Article 32 has been filed directly. We decline to entertain this plea. Dismissed," the Court ordered.

. [Read Order]

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

Debayan Roy

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