Lucknow. The Supreme Court has imposed an interim stay on May 17 of the Allahabad High Court’s order to increase treatment facilities in small towns and villages, describing the health system of towns and villages in Uttar Pradesh as Ram Bharosa. The Supreme Court said that while giving orders to the High Court, the possibilities of its execution should also be considered. Such orders should not be given, which are not possible to execute. The Allahabad High Court, while making a sharp remark, gave detailed orders on treatment arrangements and vaccination, which the Uttar Pradesh government has challenged in the Supreme Court, describing the implementation as difficult.
On Friday, a bench of Justice Vineet Saran and Justice BR Gavai imposed an interim stay on the order, but did not stay the ongoing hearing. The Supreme Court said that the May 17 instructions of the High Court will not be treated as advice but as an order. The High Court has said that 20 ambulances in all towns of ‘B’ and ‘C’ category and two ambulances equipped with ICU in each village should be made available in a month.
The Supreme Court, while advising the High Court, said that the High Court while dealing with Kovid Management cases avoided issues that have inter-state and international influence as the Supreme Court is dealing with all-India issues. The Supreme Court held that all High Courts should consider the practicality of implementing their order and should not pass orders that are impossible to enforce. The Supreme Court has also stayed the decision to have oxygen beds in every nursing home.
Solicitor General Tushar Mehta said that there are 97,000 villages in the state, in such a situation it is not possible to execute the order. The High Court while passing an order should also take into consideration its impact and scope of execution. The Government believes that the High Court is hearing the Corona cases keeping the public interest in mind. The government cooperates in every way and is committed to implementing the orders of the court, but the High Court has ordered that the medical companies take the vaccine formula and produce the vaccine, how is it possible? In many cases the vaccine comes under patent law. Also ordered on the availability of oxygen, it will have an impact on other states as well. The High Court should also consider its national and international implications when giving orders.
Solicitor General Tushar Mehta said that the High Court has called the state’s health services as Ram Bharosa, a remark that would discourage doctors and health workers engaged in the treatment of Corona and cause concern among the people. He may understand the concern of the High Court, but the court should also exercise judicial restraint. Mehta said that this case is very important and such cases are going on in other high courts as well, so it would be better if the court directs that these cases should be heard by the Chief Justice’s Benches in the High Courts.
The Supreme Court, after hearing Mehta’s arguments, said in his order that he appreciates the hearing being done by the High Court in the public interest, but the principle of impossibility also applies in the court. On the demand for hearing of the cases in the bench of the Chief Justice of the High Court, the court said that he cannot pass the same order in all the cases. The Chief Justice is empowered to constitute the bench. The bench said that he has given a balanced order, he does not want to discourage the High Court. The court appointed senior counsel Nidhesh Gupta to assist in the hearing and ordered the case to be re-posted for hearing on 14 July.
Let me tell you that last Monday, Allahabad High Court had expressed concern about the spread of corona infection and lack of medical facilities in the villages and towns of Uttar Pradesh. Hearing the PIL, Justice Siddharth Verma and Justice Ajit Kumar said that very little testing is happening in the village towns. The court said that the way the medical system is there, it can be said that the health of the people is God trust. If we fail to diagnose and treat the infection, then we are definitely inviting the third wave. The court directed to increase testing and provide health facilities in community health centers.
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