Solicitor General (SG) Tushar Mehta on Friday asked the Supreme Court to issue directions to all High Courts to list all COVID related cases pending in High Courts before the Bench of Chief Justice of the concerned High Court. .Mehta was appearing for Uttar Pradesh government in a challenge to an order passed by Allahabad High Court Bench of Justices Siddhartha Varma and Ajit Kumar in relation to COVID crisis in UP.This Bench had been highly critical of the State's handling of COVID crisis in the State stating that the medical system in rural UP was 'Ram Bharose' (in the hands of God). It had also been passing directions asking UP government to look into various aspects related to COVID management. "In Allahabad High Court, there are other PILs which is listed before other benches in which notice has been issued. Similar cases in other high courts too. But let such matters be placed before only Chief Justice led benches," the SG told the Supreme Court on Friday. .All Chief Justice led benches should take up the Covid related issues and High Courts must take up such issues but let only chief led benches hear it, SG maintained. .The Solicitor General also said that there are inter state issues involved too in many such COVID cases. "Some issues in Kerala High Court can have repercussions in Karnataka," he said. The Bench asked SG who he was appearing for. "I appear for UP but I wear a second hat too of being the solicitor General," the SG responded. The Court, however, declined to pass any order on SG's request. "The constitution of benches is the prerogative of Chief Justice and its up to them to pass appropriate orders," the Court said in its order. "If you can please add that Chief Justice of all high courts (should) deal with COVID cases," the SG persisted. "We will not pass sweeping orders, we are only passing order on Allahabad High Court (order)," the Court made it clear. "Please pass a statement about high courts where chief justice led benches can hear it", the SG once again asked. "We cannot demoralise the High Courts," the Supreme Court responded. It, however, stayed the Allahabad High Court order of May 17 while also observing that High Courts should normally consider the possibility of execution of their directions and should not pass orders which cannot be implemented. Read more here. .[Read Order]
Solicitor General (SG) Tushar Mehta on Friday asked the Supreme Court to issue directions to all High Courts to list all COVID related cases pending in High Courts before the Bench of Chief Justice of the concerned High Court. .Mehta was appearing for Uttar Pradesh government in a challenge to an order passed by Allahabad High Court Bench of Justices Siddhartha Varma and Ajit Kumar in relation to COVID crisis in UP.This Bench had been highly critical of the State's handling of COVID crisis in the State stating that the medical system in rural UP was 'Ram Bharose' (in the hands of God). It had also been passing directions asking UP government to look into various aspects related to COVID management. "In Allahabad High Court, there are other PILs which is listed before other benches in which notice has been issued. Similar cases in other high courts too. But let such matters be placed before only Chief Justice led benches," the SG told the Supreme Court on Friday. .All Chief Justice led benches should take up the Covid related issues and High Courts must take up such issues but let only chief led benches hear it, SG maintained. .The Solicitor General also said that there are inter state issues involved too in many such COVID cases. "Some issues in Kerala High Court can have repercussions in Karnataka," he said. The Bench asked SG who he was appearing for. "I appear for UP but I wear a second hat too of being the solicitor General," the SG responded. The Court, however, declined to pass any order on SG's request. "The constitution of benches is the prerogative of Chief Justice and its up to them to pass appropriate orders," the Court said in its order. "If you can please add that Chief Justice of all high courts (should) deal with COVID cases," the SG persisted. "We will not pass sweeping orders, we are only passing order on Allahabad High Court (order)," the Court made it clear. "Please pass a statement about high courts where chief justice led benches can hear it", the SG once again asked. "We cannot demoralise the High Courts," the Supreme Court responded. It, however, stayed the Allahabad High Court order of May 17 while also observing that High Courts should normally consider the possibility of execution of their directions and should not pass orders which cannot be implemented. Read more here. .[Read Order]