'High Courts must not pass orders that can't be implemented': SC on Allahabad HC's 'Ram Bharose' comment
New Delhi | Jagran News Desk: The Supreme Court on Friday said that the high courts dealing with COVID management cases should refrain and restrain from dealing with issues which have transnational and international ramifications.
The observation came while hearing a suo moto case on the Allahabad high court order directing the UP government to provide ambulances with ICU facilities in each village of the state.
The Allahabad High Court, in its order, had said that entire medical system in villages and small cities of Uttar Pradesh is at God's mercy ("Ram bharose") amid the COVID-19 pandemic.
A vacation bench of Justices Vineet Saran and BR Gavai said that the directions of High Court passed on May 17 shall not be treated as directives but an advice to Uttar Pradesh government.
On May 17, the High Court while hearing a PIL over the coronavirus spread and the condition of quarantine centres in the state passed slew of directions while taking into account the death of one Santosh Kumar (64), who was admitted to an isolation ward at a Meerut hospital.
The doctors there had failed to identify him and disposed of the body as unidentified, according to a probe report.
Santosh had fainted at a hospital bathroom on April 22 and efforts were made to revive him but he died.
The hospital staff could not identify the dead and failed to locate his file. Thus, it was taken as a case of an unidentified body.
Solicitor General Tushar Mehta, appearing for Uttar Pradesh, told the Supreme Court that observations like "Ram Bharose" demoralise health workers and create panic.
"These observations are made in anxiety and concern for general public. UP can treat this as an observation and advice and not direction," The Supreme Court, however, said today. "We cannot pass sweeping orders for all high courts as this appeal is against Allahabad HC order."
Posted By: Abhinav Gupta