New Delhi: The Supreme Court on Friday stayed the Allahabad High Court order relating to Covid-19 situation management in Uttar Pradesh in which it had also said that the entire healthcare system in villages and small cities of the state was “Ram bharose” (at God's mercy).
Observing that High Courts should refrain from passing directions not implementable, a vacation bench of Justices Vineet Saran and BR Gavai said the High Court’s directions passed on May 17 shall not be treated as directives but an advice to the Uttar Pradesh Government.
The apex court bench said at the same time, there are some observations in the order which may be well meaning but passed by the court in anxiety to provide relief to the general public.
Stating that such directions cannot be implemented and it shall be treated as advice and not directions, the apex court said the state government, which will work to provide facilities to the people will keep in mind the High Court’s advice.
The bench said that looking at the matter in depth, we are of the opinion that the High Court should consider looking into the possibility of implementation while passing any directions, and if any such direction is not implementable, then the High Court should refrain from passing it, PTI reported.
The bench said the High Court should adopt the doctrine of impossibility (a situation when it is impossible for a party to perform), which has been upheld by this court.
Appointing senior advocate Nidesh Gupta as amicus curiae to assist in the matter, the bench said: “We are staying the order but we are not staying the proceedings before the High Court. The matter be listed on July 14.”
Taking note of one of the directions of the Allahabad High Court that every village in Uttar Pradesh should be provided with at least two ambulances having intensive care unit facilities, the apex court bench said the state government has submitted that there are 97,000 villages in the state, adding it would not be “humanly possible” to provide such ambulances in one month.
Referring to another direction that five medical colleges of the state should be upgraded to PG Medical Institutes within four months, the bench noted that the state government has said that it is not “practically feasible” in such a short period of time.
Appearing for the Uttar Pradesh Government, Solicitor General Tushar Mehta said the different benches of the High Court (single judge bench and double judge benches) are passing different orders on Covid management, adding it would be appropriate if this court directs that a bench of Chief Justice of High Court hears the matter related to COVID management so that there is uniformity in directions.
The bench responded stating it is not going to pass any general directions or a sweeping order as it does not want to demoralise the High Courts or the state government.