According to Live Law, the Supreme Court said on Friday that High Courts should stop making directives that are “impossible to carry out.” The statement was made by a division bench of Justices Vineet Saran and BR Gavai when imposing a hold on orders imposed by the Allahabad High Court earlier this week in relation to the management of Covid-19 in Uttar Pradesh.
The Allahabad High Court said on May 17 that the health system in Uttar Pradesh’s smaller cities and villages was “Ram Bharose” (at God’s mercy). Furthermore, the court recommended that any hospital with more than 30 beds be required to have an oxygen generation plant. It went on to say that each of Uttar Pradesh’s second and third-tier towns should receive at least 20 ambulances with intensive care unit facilities. It recommended at least two ambulances for villages.
On behalf of the state of Uttar Pradesh, Solicitor General Tushar Mehta moved the Supreme Court on Friday to argue that the orders, though well-intentioned, were impossible to follow. He said that the High Court had overlooked the fact that Uttar Pradesh is the country’s most populous state, with over 24 crore people.
According to Bar and Bench, Mehta said, Health facilities can never be overlooked. However, these instructions are difficult to follow… Courts should exercise judicial restraint and not issue directives that are impossible to carry out.
Mehta also argued that the order violated the balance of powers between the executive and judiciary. He was responding to the High Court’s recommendation that the government procure vaccine processing formula from businesses in order to increase demand.
According to Live Law, the solicitor general said that courts should refrain from issuing policy directives, particularly when they have “trans-state and even trans-national implications.”
The Supreme Court noted Mehta’s submissions and expressed gratitude for Allahabad and other High Courts’ contributions in dealing with issues relating to the Covid-19 situation.
“However, while dealing with such matters and the concerns the courts may have for patients and the general public and the anxiety of courts to give utmost relief to those suffering…Sometimes, unwittingly the courts overstep and pass certain orders that are not capable of being implemented,” the Supreme Court added.
Though the Supreme Court stayed the Allahabad high court’s orders, it also stated that the Uttar Pradesh government should regard them as advisory recommendations and make every effort to put them into effect.
According to NDTV, the court also declined to remove the “Ram Bharose” remark, stating that such remarks should be considered as guidance.
