We Cannot Demoralise High Courts: SC Rejects Request By SG Tushar Mehta To Have Only Chief Justice Led Benches To Hear Covid-19 Pleas

Background Facts

The State of Uttar Pradesh filed an appeal before SC against an order passed by the Allahabad High Court where the Court observed that the entire medical system in villages and smaller cities in the State was in the hands of God i.e., Ram Bharose.

Solicitor-General Tushar Mehta, submitted before the bench that directions concerning essential drugs, vaccinations, etc., having trans-state ramifications and required diplomatic routes to be taken and SG requested to place the matter before Chief Justices of the High Courts.

The SG further requested that the matter must be placed before Chief Justice. Certain issues are trans-state issues and Court should be cautious of the borders of the State High Court. Several High Courts are directing. Let it be taken by the Chief Justice of the High Court.

He further added that he did not seek that matter should not be taken by the HC but merely request that matter needs to be taken cautiously.

Supreme Court’s Decision

The bench headed by Justice Vineet Saran and Justice Bhushan Ramkrishna Gavai.

The SC declined to pass any sort of sweeping orders regarding the present matter and state that it did not wish to demoralize the State Government or the High Court.

The Apex Court remarked that the constitution of benches is the prerogative of the Chief Justice of the concerned High Court and we can’t pass an order for every HC. This order is only for your HC. However, it stayed the directions passed by Allahabad HC for up-gradation of medical facilities in the State of Uttar Pradesh on a war-scale footing.

The Court further declined the request of the Solicitor-General concerning placing the matter before Chief Justices of the High Court.

What is your take on the decision made by the SC concerning the request made by Solicitor General? Tell us in the comments below.