[BREAKING] High Courts should consider possibility of execution of directions: Supreme Court stays Allahabad High Court order on COVID-19 issues

The Supreme Court on Friday stayed the directions issued by the Allahabad High Court on May 17 in relation to COVID-19 management in Uttar Pradesh (UP) on the ground that they were impossible to implement..A Bench of Justices Vineet Saran and Bhushan Gavai while staying the directions passed by the High Court, observed that High Courts should refrain from passing orders which cannot be implemented. .The Court also appointed Senior Advocate Nidhesh Gupta as Amicus Curiae in the case..Among the directions passed by the Allahabad High Court was that all nursing home beds reserved for COVID-19 treatment should have oxygen facility."We are of the opinion that High Courts should normally consider the possibility of execution of their directions. Of such directions cannot be implemented, then such orders may not be passed. The doctrine of impossibility is equally applicable to courts," the Supreme Court said. .In matters which have transnational and international ramifications, the High Court should normally refrain from issuing directions, especially when such matters of national level are being considered by the Supreme Court in separate proceedings, the top court added. .The order was passed after Solicitor General Tushar Mehta, appearing for the UP government submitted that many directions passed by the High Court are difficult to implement. "Health infrastructure can never be ignored. But these directions are impossible to comply with...we understand the anxiety of the Court. But this is a matter of concern. Courts should also have some judicial restraint and not pass orders which are difficult to be implemented," Mehta said. .In its appeal before the Supreme Court, the State of Uttar Pradesh had contended that the Allahabad High Court failed to appreciate that UP is the most populous State in the country with a population of more than 24 crores."Despite facing big challenges, the State has been making continuous efforts to control the spread of the pandemic. UP has the fundamental duty to provide medical health facilities to the best of its abilities and the Petitioner State is doing so," the petition said. .The State government further submitted that the High Court order "effectively ventures into the arena of governance by breaching the salutary principles of separation of powers between the judiciary and executive, deserves to be set aside.".Mehta told the top court on Friday that certain policy decisions were taken by the State after taking into account opinion of experts and that the High Court may not have the necessary expertise with regard to the same. The Court after hearing Mehta's arguments proceeded to stay the May 17 directions. .Mehta further sought a direction from the Bench to transfer all COVID-19 related matters pending before different Benches of the High Court to a Bench headed by Chief Justice Sanjay Yadav..[BREAKING] SG Tushar Mehta asks Supreme Court to pass directions to all High Courts to list all COVID related cases before Chief Justice Benches .However, the Court said that it could not pass such sweeping orders and that constitution of Benches is the prerogative of the Chief Justice of the High Court."We cannot demoralise the High Courts. We have balanced our order," the Court said as the matter drew to a close..The matter will be taken up next on July 14..[Read Order]