Supreme Court takes suo moto cognizance of COVID19 issues; High Court cases might be withdrawn to SC
The apex court proposes to take cognizance on four issues - supply of oxygen, supply of essential drugs, method and manner of vaccination, state's power to declare lockdown. At present, at least six high courts are hearing matters related to COVID-19 management.
Central wing of the Supreme Court of India where the chief justice's courtroom is situated. Photo: Wikimedia Commons.
Amid the crisis of shortage of medical oxygen and crucial drugs in the country, the Supreme Court of India (SC) today took suo moto cognizance of the COVID-19 issues. A bench comprising Chief Justice of India SA Bobde, Justices L Nageswara Rao and S Ravindra Bhat said that notice to the Union of India will be issued today. The matter is expected to be heard tomorrow, April 23.
Bobde said that the related matters pending before the High Courts may be withdrawn as different courts dealing with issues “create confusion”. At least six High Courts — Delhi, Bombay, Sikkim, Madhya Pradesh, Calcutta, Allahabad — are hearing matters related to shortage of oxygen and Remdesivir.
“We see that 6 High Courts are taking action. We appreciate that. But this is creating some confusion and diversion,” said chief justice of India (CJI).
The court proposed to take cognizance on four issues – supply of oxygen, supply of essential drugs, method and manner of vaccination, state’s power to declare lockdown. The CJI wants to issue notice for a national plan on these COVID-related issues. Senior advocate Harish Salve is to assist the SC as amicus curiae.
Last evening, Max Hospital Patparganj in Delhi moved the Delhi High Court over shortage of oxygen supply. An urgent hearing was held at 8 pm yesterday. Max Patparganj informed that it had only three hours of oxygen left and if the oxygen ran out, the life of 400 patients out of which 262 were COVID19 patients was under threat.
A bench of the Delhi High Court said the centre government was directed to protect the fundamental right to life of citizens who are seriously ill due to COVID-19 and require medical oxygen.
“How is this that the govt is so oblivious to the ground reality. We can’t have people die (sic),” the Delhi High Court lashed out last night. “Why is govt not waking up to the reality? (sic)” the bench added.
“Centre should consider ways and means of transportation from the oxygen plant by either creating a dedicated corridor so that the supply chain is not affected,” read the order by the Delhi High Court.
The supply of oxygen should not be obstructed for any reason whatsoever, said the bench.
In the last couple of days, Delhi Chief Minister Arvind Kejriwal has been raising the issue of acute medical oxygen shortage in the capital city, which has registered a sharp spike in daily COVID19 cases. Yesterday, the central government said it had increased Delhi’s medical oxygen quota.
Meanwhile, the Delhi High Court is scheduled to hear the matter on oxygen supply in Delhi today at 3 pm.
Yesterday, in its hearing of public interest litigation (PIL) on COVID-19, the Nagpur Bench of the Bombay High Court has also come down heavily on the state government and Maharashtra Food and Drugs Administration (FDA).
Three days back, on April 19, the Nagpur bench had directed the state government to ‘immediately’ release around 10,000 vials of the drug Remdesivir to COVID-19 hospitals in Nagpur. Since the state failed to provide the same, the high court lashed out at the government.
“If you don’t feel ashamed of yourself we are feeling ashamed of ourselves for being part of such a nasty society. We are not able to do anything for the helpless patients of Maharashtra. You don’t have any solution, what nonsense is this (sic)?” the bench said during the hearing.