On April 21 2021, the Delhi HC ordered the centre to look into the oxygen shortage, especially in the nation's capital. It gave strict warnings to the central government to ensure adequate oxygen supply and industrial use of oxygen to be stopped for the time being. “Beg, borrow or steal, but provide oxygen,” HC’s stance was clear.
Later, on 22 April 2021, the SC asked the centre to present a national plan on COVID-19 management and appointed Senior advocate Harish Salve as the amicus curiae. However, the CJI added that they might withdraw certain cases from the High Courts to SC. CJI SA Bodbe also announced that while HCs are exercising jurisdiction in the country’s best interest, these orders are leading to confusion and diversion of resources.
High courts have been doing a fantastic job in holding the government accountable. However, the SC seems to have biases.
Recent example- SC’s stay on Allahabad HC’s order of five-day lockdown in UP. SC felt that HC exceeded its jurisdiction and the decision regarding a lockdown lies with the state, allowing the UP government to discard the order. What has the stay brought for those who are suffering and dying?
Do you think that is an efficient process?
While SC might take upon itself to hear cases on these matters, does that mean that a hospital treating patients for coronavirus and in urgent need of oxygen now has to appeal in the Supreme Court instead of a High Court?
After the severe public backlash against the appointment of Harish Salve as amicus curiae, Salve has requested to recuse himself from the position citing his friendship with the CJI being perceived as a conflict of interest. The SC has accepted the request while saying it was “pained” at reading the response to the appointment.
The Suo Motu cognizance case has been adjourned till next week as Friday marks the current CJI’s last day. So, as the nation struggles, the Supreme Court of India will be hearing a case on this week’s oxygen supply shortage next week, during an “almost emergency” situation.
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