High Court Should Avoid Passing Orders Which Are Difficult To Implement: SC Stays Allahabad HC Directions For Improving Health Care System

Background

• The Allahabad High Court on May 17th noted that the health care facilities in smaller cities and villages were ‘Ram Bharose’ i.e. at God’s Mercy.
• While considering a suo moto case dealing with Covid 19, the Allahabad High Court passed a couple of directions on an urgent basis considering the second wave of the Covid 19 Pandemic. The Court passed a slew of directions relating to the provisions of ambulances with ICU facilities in villages, making oxygen beds available in nursing homes and upgrading the infrastructure of the medical college hospital in the state, etc. in a time-bound manner.
• These orders were passed by the Division Bench of Justices Siddharth Verma and Ajit Kumar of Allahabad High Court in the case ‘In-Re Inhuman Condition at Quarantine Centres for Providing Better Treatment to Corona Positive.’
• In respect to the same, the Supreme Court stayed the orders passed by the Allahabad High Court after hearing the submissions made by Solicitor General Tushar Mehta. The Solicitor General submitted that the High Court’s orders were difficult to implement within a short period.

Details

• The Supreme Court bench of Justices Vineet Saran and B. R. Gavai stayed the order passed by the Allahabad High Court after hearing the submissions made by the Solicitor General of India on behalf of the State of Uttar Pradesh.
• The Solicitor General pointed out that the High Court ordered that every village in the State must be provided with 2 ambulances with ICU facilities within a short period of one month which is next to impossible to implement as there are as many as 97,000 small villages in the State of UP.
• The Solicitor General also pointed out that the High Court also noted the condition of health care facilities in villages to be at God’s Mercy which will have a demoralizing effect on the State’s health care professionals.
• Mr. Mehta also requested an order directing that the covid related matters only be dealt with by Chief Justice led bench of the respective High Courts to ensure uniformity but the Apex Court rejected his plea saying that the constitution of the bench was a privilege of the HC Chief Justice.

Court’s Observations

• The Apex Court held that while passing directions, the Courts should contemplate if they are capable of being implemented.
• The bench said, “Acknowledging the effort of the High Court for looking into the matter in depth while passing the order, we state that the Court should avoid passing orders if they are impossible to be implemented.”
• The Top Court also advised that in matters concerning national and transnational ramifications, the High Courts should refrain from passing orders.
• The Supreme Court bench also clarified that it is staying only the order dated 17th May 2021 and not the suo moto proceedings about the management of the covid 19 crisis. The Bench clarified, “Staying the order doesn’t mean that the states should stop working as per the advice of the courts.”

What problems do you think will arise if the Court does not consider the possibility of implementation before passing an order?