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‘HCs should not approve unrealistic orders’ | India News


NEW DELHI: Having been on the receiving end of a number of embarrassing criticisms by HCs about Covid’s management, on Monday the Center received a big respite with the Supreme Court asking HCs to exercise restraint in passing orders that they are incapable of being implemented and advising them. not dealing with issues like the supply of oxygen, drugs and vaccines, which have national and international implications.
“We mentioned that in matters that have transnational or international ramifications, the HCs must abstain and refrain from approving any order since the CS is dealing with these issues,” said a bank holiday of justices Vineet Saran and BR Gavai, during a hearing. That went on until late at night.
The order was produced as a result of a petition presented by the UP government that challenged the order of the HC of Allahabad of May 17 that asked the state government to take apparently unfeasible measures, such as the provision of two ambuances equipped with ICU in each of the 97,000 villages in the state within 30 days. The SC bank maintained the order of HC.
Attorney General Tushar Mehta, who appeared for UP, said the HCs had a constitutional right to scrutinize the actions of the state government and point out deficiencies, but passing impractical orders would not only embarrass the state government but also hold officials accountable for being charged with contempt of court.
He suggested that the SC could ask the head judges of the HCs to head the courts that deal with the management cases of Covid and related PILs to bring uniformity and judicial experience to approve orders that can be implemented. The CV appointed lead advocate Nidhesh Gupt as amicus curiae on the broader issue of HCs crossing boundaries and issuing orders that have ramifications across India. The Supreme Court sent the matter for an additional hearing on July 14.
On the attorney general’s request to entrust the head judges of the higher courts to deal with Covid-related cases, the SC said that CJ is the master of the HC roster and that it should decide which bank should hear a case.

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