We never said a word and did not stop the High Courts: Supreme Court adjourns suo motu COVID-19 matter

The Supreme Court on Friday took a dim view of Senior Counsel "imputing motives" to judges and Chief Justice of India in particular for registering a suo motu case on COVID-19 related issues.

. A Bench of Chief Justice of India SA Bobde and Justices L Nageswara Rao and Ravindra Bhat adjourned the suo motu case concerning issues arising out of the COVID-19 pandemic and the management of the crisis unfolding in various states.

. Addressing Senior Advocate and President of the Supreme Court Bar Association Vikas Singh , the Court said,

"You have read the order. Is there any intention to transfer the case? Mr Singh listen to us. Even before reading the order, there was criticism about something which was not there in order. This is how the institution is being destroyed."

. Turning to Senior Advocate Dushyant Dave , appearing for the Gujarat High Court Advocates Association, Justice Rao said,

" You have imputed motives to us without reading the order."

"Entire country thought that you will transfer (matters from High Courts to Supreme Court)," was Dave's reply.

Justice Bhat shot back,

"We never said a word and did not stop the High Courts. We asked the Centre to go to High Courts and report to them. What kind of perception are you talking about?

. After Singh suggested for the formation of a nodal agency, the Court adjourned the matter to Tuesday, April 27. Solicitor General Tushar Mehta is expected to file a reply on behalf of the Centre by then.

. During today's hearing, Senior Advocate Harish Salve expressed his decision to recuse himself as Amicus Curiae in the matter.

He said,

"It's the most sensitive case this Court will look into. I don't want this case to be decided under a shadow that I knew CJI from school and college and allegations being made or there is conflict of interest..."

Accepting his decision to recuse, CJI Bobde said,

"We will honour your sentiments and you must have been pained. We will allow your request. I also saw what a senior lawyer said but everyone has an opinion."

.Don't want case to be under a shadow that I knew CJI from school: Harish Salve recuses as Amicus Curiae in Supreme Court suo motu COVID-19 matter. The Court had taken suo motu cognizance of the matter on Thursday, after noting that the fact that six High Courts were dealing with issues arising out of COVID-19 management was creating confusion and delay.

" 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," the order passed on Thursday had said.

. The Supreme Court in its April 22 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, Madhya Pradesh, Calcutta, Allahabad and Gujarat."

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

. Apart from the four issues mentioned, the Court also asked the Central government to place before it a national plan for dealing with issues arising out of the pandemic.

. The Centre was directed to furnish a 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 move by the Supreme Court to take suo motu cognizance had come under heavy criticism from senior lawyers and Bar associations of High Courts and the Supreme Court.

. The High Courts of Delhi, Bombay and Allahabad have been making strong observations about the failure of government machinery in handling the COVID-19 crisis.

.[COVID-19 crisis] How High Courts reacted to the Supreme Court's decision to take up COVID-19 related issues suo motu

We never said a word and did not stop the High Courts: Supreme Court adjourns suo motu COVID-19 matter

Debayan Roy

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