The Supreme Court said High Court should avoid passing orders which are difficult to implement
The Supreme Court on Thursday stayed the Allahabad High Court order issued on May 17 for upgrading the medical facilities in Uttar Pradesh.
This order came after the submissions made by Solicitor General Tushar Metha representing the state of Uttar Pradesh. A vacation divisional bench consisting of Justice Vineet Saran and Justice BR Gavai heard this matter and put a stay on High Court orders.
The Allahabad High Court on hearing a suo moto matter taken to “Deal with the COVID issues”, the Allahabad HC had passed a manifold of directions on May 17. A Division Bench of Justice Siddartha Varma and Justice Ajit Kumar had passed these directions. These directions stated that the State should provide Ambulance with ICU facilities to each village, making oxygen beds in every nursing home and also upgrading the Medical Colleges Hospital in the state, etc. The directions were said to be performed on an urgent basis in a time-bound manner considering the second wave on COVID.
The High Court also made observations relating to the health care system in towns and villages of Uttar Pradesh was like “Ram Bharose” i.e. [in God’s hand].
Solicitor General Tushar Mehta pointed out that such observations will have a demoralizing effect on the health care professionals in the state. He also submitted to the Supreme Court that the High Court should refrain from passing such directions in policy matters, as especially they can have trans-state and even trans-nation ramifications.
The Solicitor General also pointed out that the High Court had directed that every village in the state must be provided with 2 ambulances with ICU facilities within one month. This direction, the SG said, is difficult to implement within one month, as there are nearly 97,000 villages in the State of UP.
The Supreme court said that “Such directions cannot be implemented and it shall trade as advice and not directions. The State government, which will work to provide facilities to the people will keep in mind the advice of the High Court”
Tushar Mehta also made a request for a direction that the COVID-related matters be dealt with only by the benches led by Chief Justice of respective High Courts to ensure uniformity. However, The Supreme Court refrained from considering this plea