The Supreme Court’s hint on Thursday that it might transfer to itself the pandemic-related matters pending with six high courts has prompted the Supreme Court Bar Association (SCBA) to appeal to the apex court to let the high courts continue dealing with the crisis as they are better equipped to deal with local issues.
Some of the high courts, including Delhi High Court, have been scathing about the state governments concerned and the Centre on the subject of Covid management. There is a feeling that the best way to ensure that the pressure on the governments is not diluted is to let the high courts keep a gimlet eye on the local situation.
The top court has taken suo motu cognisance of the rapid rise in Covid cases, saying the crisis amounts almost to a “national emergency” and asking the Centre to formulate a “national plan”.
The apex court also said it was not permissible for the high courts to declare lockdowns and that it was for the state governments to deal with such administrative issues.
However, towards the evening, the SCBA, through its president Vikas Singh, sought to intervene in the matter when it comes up for hearing on Friday, pleading that the high courts concerned be allowed to take a call on the Covid crisis management.
It was argued that the top court had itself earlier disposed of a batch of public interest litigation petitions on Covid management and the matters were subsequently being dealt with by the respective high courts.
“…It is most humbly submitted that the present crisis is an unprecedented one and varying effects are being experienced in various parts of the country. That in view of the present emergent situation, Hon’ble high courts situated almost invariably in the state capitals are in a better position to seek immediate reports from the local administration and pass directions and orders for immediate removal of difficulties arising in treatment of the infected patients depending upon local emergent situation,” Singh said in his petition.
“The state machineries are lacking on various aspects and Hon’ble high courts are suitably dealing with the issues prevailing at local level within their territorial jurisdictions.”
The SCBA suggested that certain larger issues such as the free and fast inter-state movement of essential supplies related to the treatment of Covid patients and to the public’s basic needs and livelihood can be taken up by the Supreme Court at the national level.
“However, since there is absence of preparedness in advance for the present situation by the central and state machinery, some difficulties are arising at the local level and (they) are being resolved by various Hon’ble high courts in view of the local situation,” it said.
“…The Hon’ble high courts appear to be best suited to deal with the situation, hence it would be proper to allow the Hon’ble high courts to continue dealing with the present issue.”