22 Apr , 2021 By : Kanchan Joshi
Taking suo motu cognisance of the current wave of the Covid-19 pandemic, the Supreme Court on Thursday asked the Centre to put in place a "national plan" on issues including supply of oxygen and essential drugs for the treatment of patients infected, and method of vaccination.
The apex court's notice to the Centre comes on a day when India recorded the world's biggest spike-19 in Covid cases - 3.14 lakh infections and more than 2,104 deaths in a day.
Noting that India was currently facing a "national emergency-like situation", the SC bench led by Chief Justice of India SA Bobde said, "We want to see the national plan on this issue."
The SC bench observed that at present six high courts, including Delhi, Bombay, Sikkim, Odisha, Calcutta and Allahabad, were hearing matters related to Covid-19 preparedness. "It's creating diversion and confusion," the CJI said.
It said these high courts are exercising their jurisdictions in bona fide and in the best interest.
"We wish to take suo motu cognisance of certain issues we find in six High Courts - Delhi, Bombay, Sikkim, Madhya Pradesh, Calcutta and Allahabad. Now they are exercising their jurisdiction in best interest. But what is happening is some kind of confusion and diversion of resources," the Chief Justice noted.
SC notice to Centre on four issues
The bench, therefore, said that it will issue a notice to the Centre on four issues -- supply of oxygen; supply of essential drugs; - method and manner of vaccination; and power to declare lockdown.
The bench, also comprising Justices LN Rao and SR Bhat, issued notice to the Centre and said it would hear the matter tomorrow.
The SC-appointed senior advocate Harish Salve as an amicus curiae to assist it in the suo motu proceedings.
"We, as a bench and as a court, wish to take suo motu cognisance of certain issues," the bench told Solicitor General Tushar Mehta.
"One high court thinks there is priority for one group while the other thinks there is priority for others. We want to know with regard to four issues -- supply of oxygen, supply of essential drugs, method and manner of vaccination. We want to keep the power to declare lockdown to the State and this should not be by judicial decision..," the bench added.
As the SC stated that it would issue notice to the Centre and hear the matter tomorrow, Mehta asked the bench whether the government would respond to the high courts on the Covid-19 issues pending there.
'Centre may present national plan to high courts'
The top court said the Centre may present the national plan to the high courts.
The bench also observed that it might withdraw certain issues pending before the high court and deal with them.
Mehta said he would intimate the high courts that the apex court has taken suo motu cognisance on the issue.
Meanwhile, India, on Thursday, recorded more than 3.14 lakh new Covid-19 cases in the last 24 hours, the highest-ever single-day count recorded in any country, taking the total tally to 1,59,30,965.
A total of 3,14,835 fresh infections were registered in a day, while the death toll increased to 1,84,657 with a record 2,104 new fatalities, as per the Union Health Ministry data.
Earlier on Wednesday, the Delhi High Court had asked the Centre to "forthwith" provide oxygen by whatever means to hospitals facing a shortage of gas in treating serious Covid-19 patients, observing it "seems human life is not important for the state".
"You are not exploring all avenues to augment oxygen supply. Beg, borrow or steal," the high court had told the Centre, and asked why it was not waking up to the gravity of the emergency situation. It also warned that certainly, all hell will break loose with the stoppage of medical oxygen to the hospitals.
"Fact of the matter is there is an oxygen shortage. It is there for us to see. We cannot shut our eyes to it," the high court had said during an extraordinary hearing of a plea on the matter on a public holiday, and added that the government cannot say it cannot provide more oxygen and people can be left to die on roads.
The Central government, represented by the Solicitor General, had thereafter, assured the high court that it will facilitate the supply of the increased allocation of 480 metric tonnes of oxygen to Delhi and the same will reach the national capital without any obstructions.
The high court was conducting an urgent hearing on a public holiday on a plea filed by Balaji Medical and Research Centre, which owns and runs various hospitals in the name of Max, stating that if the supply of oxygen is not replenished on an immediate basis, the lives of the patients who are critical and on oxygen support will be endangered.
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