[BREAKING] Supreme Court takes suo motu cognizance of COVID-19 issues, might transfer cases from High Courts; Harish Salve appointed Amicus

The Supreme Court has registered a suo motu case concerning issues arising out of COVID-19 pandemic and the management of the crisis unfolding in various states.

. A Bench headed by Chief Justice of India SA Bobde also appointed Senior Advocate Harish Salve as Amicus Curiae to assist the Court in the matter.

. The Court said that the fact that six High Courts were dealing with issues arising out of COVID-19 management was creating confusion.

. "We as a Court wish to take suo motu cognizance of certain issues. We find that there are 6 High Courts - Delhi, Bombay Sikkim, MP, Calcutta and Allahabad. They are exercising jurisdiction in best interest. But it is creating confusion and diversion of resources," the Court said.

. The Supreme Court in its order noted that "certain amount of panic has been generated and people have invoked the jurisdiction of several High Courts in the country seeking various reliefs such as Delhi, Bombay, Sikkim, MP, Calcutta, Allahabad and Gujarat."

. It, therefore, said that it will issue notice on four issues:

- supply of oxygen;

- supply of essential drugs;

- method and manner of vaccination and

- power to declare lockdown.

. "We want the power to declare lockdown to be with states and should not be judicial decision. We issue notice to the Central government on these issues," the Court said.

. The Court also said that it will examine whether to transfer these issues from High Courts to itself at a later stage.

Solicitor General Tushar Mehta asked the Court whether the Central government should respond to High Courts now that the top court is seized of the issue.

"You can present the national plan. It is not to supersede any order as of now. you can submit that plan to High Courts," said Justice Ravindra Bhat.

. That issue can, however, be considered at a later stage when the Supreme Court will decide whether to transfer matters from High Courts to itself, said CJI SA Bobde.

The case will be heard again on Friday when only the Central government and Amicus Curiae will be heard.

"We are taking suo motu cognizance and issuing notice to you. Only Mr Salve and you will be there," CJI Bobde said.

"In the meanwhile we will inform the High Courts that you have taken suo motu cognizance," said SG Mehta.

. In the order published on the website later in the day, the Court gave its reason for initiating suo motu cognizance, stating: " High Courts have passed certain orders which may have the effect of accelerating and prioritising the services to a certain set of people and slowing down the availability of these resources to certain other groups whether the groups are local, regional or otherwise."

. Prima facie, we are inclined to take the view that the distribution of these essential services and supplies must be done in an even handed manner according to the advice of the health authorities which undoubtedly take into account relevant factors like severity, susceptibility, the number of people affected and the local availability of resources, the Court added.

.Former Law Minister cites Kumbh Mela, election rallies as COVID-19 "super spreaders", urges CJI to ban political rallies, religious gatherings. Apart from the four areas mentioned during the hearing, the Supreme Court also asked the Central Government to place a national plan for dealing with the above services and supplies during pandemic before the court.

. Centre was also directed to furnish response with respect to:

1. Report on the existence or otherwise and requirement of setting up of a coordinating body that would consider allocation of the above resources in a consultative manner (with the involvement of concerned States and Union Territories).

2. Considering declaration of essential medicines and medical equipment including the above articles as essential commodities in relation to COVID.

3. In respect of coordination of logistical support for inter-State and Intra-State transportation and distribution of the above resources.

. The Court in its order also issued notice to the State Governments/Union Territories and the parties, who have approached the High Courts to show cause why uniform orders be not passed by this Court in relation to the four issues seized by the top court.

. [Read Order]

[BREAKING] Supreme Court takes suo motu cognizance of COVID-19 issues, might transfer cases from High Courts; Harish Salve appointed Amicus

Debayan Roy

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