Supreme Court takes up Covid circumstances: HC hearings ‘creating confusion’

The Supreme Court Thursday took suo motu cognizance of a number of the key points associated to Covid-19 administration, together with the availability of oxygen and important medicine and declaration of lockdowns. Noting that the matter was being heard in a number of excessive courts, “creating some confusion” and “diversion of resources”, a Bench led by Chief Justice of India S A Bobde mentioned there may be “almost a national emergency” and requested the Centre to submit a “national plan” to take care of it.
“We see that six High Courts are taking action. We appreciate that. But this is creating some confusion and diversion… We want to point out four issues — supply of oxygen, supply of essential drugs, method and manner of vaccination, declaration of lockdown. We will issue notice for a national plan on these issues,” the three-judge Bench, additionally comprising Justices L Nageswara Rao and S Ravindra Bhat, mentioned, whereas including that some excessive courts would possibly prioritise one set of individuals and one other, a distinct group.

Issuing notices to the Centre, states, Union territories and events which approached the excessive courts, the Bench noticed orally that the Supreme Court could withdraw to itself some points from the excessive courts, whereas noting in its order that, “Drugs, oxygen and vaccination availability and distribution are being carried out by government including the Central government according to protocols established by the health authorities.”
The Bench added, “We expect the Central government to place before this Court a national plan for dealing with the above services and supplies during (the) pandemic” and sought to know “why uniform orders be not passed by this Court in relation to” the 4 points flagged by it.
The Bench additionally noticed that it’s of the view that the ability to declare lockdowns rests with the State and “this should not be by judicial decision”.
Earlier this week, the Allahabad High Court had directed the Uttar Pradesh authorities to impose lockdown in 5 worst-hit districts. The Supreme Court had stayed the order after the state approached it.

In its order, the Bench mentioned however the federal government’s efforts, “a certain amount of panic has been generated and people have invoked the jurisdiction of several high courts… such as Delhi, Bombay, Sikkim, MP, Calcutta, Allahabad and Gujarat. The 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 Supreme Court Bench noticed that its directive was not meant to cease the excessive courts from entertaining issues associated to the pandemic. “You may go ahead and present your plan (to the high courts). It is not to supersede any (high court) order as of now,” Justice Bhat advised Solicitor General Tushar Mehta, who wished to understand how the Centre ought to proceed with the issues pending earlier than the excessive courts provided that the Supreme Court was taking cognizance.
The Court additionally requested the Centre to report on whether or not a coordinating physique for states existed, or was required, to make sure “logistical support for inter-state and intra-state transportation and distribution of the above resources”.
The Supreme Court appointed Senior Advocate Harish Salve as Amicus Curiae to help it, and noticed orally that it’ll hear the Centre and Salve Friday and determine on listening to the others after that.
The Court additionally agreed to listen to Friday a plea by Vedanta Ltd, represented by Salve, looking for permission to operationalise its Tamil Nadu plant, shut down in May 2018 over environmental considerations, to fabricate oxygen for Covid-19 sufferers.
The firm mentioned it may possibly manufacture 1,000 tonnes of oxygen daily and it was prepared to provide this free. Salve submitted that if permission was granted at this time, Vedanta would have the ability to begin manufacturing inside five-six days.
Supporting the plea, Mehta advised the Bench that “the country is in dire need of oxygen and the Centre is augmenting supplies from whichever source”. He added that Vedanta may operationalise its plant solely to fabricate oxygen.
Senior Advocate C S Vaidyanathan, showing for the Tamil Nadu authorities, opposed this, noting the “trust deficit” amongst folks relating to the plant violating environmental norms (a protest in May 2018 had left 13 useless in police firing). He added that the Supreme Court had earlier rejected a plea to permit reopening of the plant and urged the Court to listen to the matter solely subsequent week.
The Bench nonetheless didn’t appear impressed by the objection and mentioned, “We understand all this. We will ensure compliance of all environmental norms…We are on the oxygen plant… There is almost a national emergency and you (Tamil Nadu) don’t put spokes in the solution.”
The Solicitor General added, “Between protecting the environment and protecting human life, we must lean in favour of protecting human life”.