Supreme Court says it can't be mute spectator in 'national crisis'
'Doesn't intend to supplant HC cases on COVID-19'
New Delhi, Apr 27: Terming the massive resurgence of COVID-19 cases a "national crisis", the Supreme Court Tuesday said it cannot remain a mute spectator and made clear that its suo motu proceeding on devising national policy for COVID-19 management is not meant to supplant high court hearings.
A bench headed by Justice D Y Chandrachud said the high courts are in a better position to monitor the pandemic situation within their territorial boundaries and the apex court was playing a complementary role and its intervention must be understood in the correct perspective as there are some matters which transcend the regional boundaries.
There is a need for top court's intervention on certain national issues as there might be matters related to coordination between states, it said.
"We are playing complementary role. If High Courts have any difficulty in dealing with issues due to territorial limitations, we will help, said the bench, also comprising Justices L Nageswara Rao and S Ravindra Bhat.
These observations assume significance as some lawyers had criticized the apex court last Thursday for taking suo motu cognizance of the pandemic's resurgence and issues by saying that high courts be allowed to continue with hearings.
A day later on April 23, a bench headed by the then CJI S A Bobde, who has retired, took a very strong exception to unfair criticism by some lawyers for something which was not part of its order in the suo motu case related to framing of national policy on the COVID-19 pandemic and said this is how institution is being destroyed .
The bench on Tuesday also took note of the submissions of lawyers including senior advocate Vikas Singh on differential pricing of COVID-19 vaccines and asked the Centre to apprise it of the rationale and basis behind such pricing.
On the government's decision to vaccinate all citizens above 18 years, the court sought replies from states by Thursday as to how they intend to cope with the surge in vaccine demand and the infrastructure required for that.
The bench also asked the Centre to apprise the top court of the modalities on distribution of oxygen as well as the vaccines to states and the monitoring mechanism.
In the hearing, conducted via video conferencing, the top court also appointed senior counsel Jaideep Gupta and Meenakshi Arora as amicus curiae to assist it in the COVID-19 management case as Harish Salve had sought recusal following some controversial remarks by some lawyers.
Last Thursday, the bench took note of the pandemic situation due to sudden surge in COVID-19 cases as also in mortality and said it expected the Centre to come out with a national plan to deal with distribution of essential services and supplies, including oxygen and drugs.
Observing that oxygen to patients infected with the virus is said to be an essential part of treatment, the top court had said it seemed that a certain amount of panic has been generated due to which people have approached several high courts seeking relief.
Prior to this, the bench had rapped some lawyers for their unfair criticism that the apex court was intending to transfer to itself the cases from HCs saying that no such order was passed.
It had also lamented imputation of motive by some senior bar members while allowing senior advocate Harish Salve to withdraw as an amicus curiae from the case after he had said that he did not want it to be decided under the shadow that he was friends with Justice Bobde from school and college days.
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'Rear-guard action': BJP over Mamata accepting sports minister's resignation after Messi event
New Delhi (PTI): The BJP on Tuesday alleged that West Bengal Chief Minister Mamata Banerjee's accepting Aroop Biswas' resignation as the state sports minister is nothing but a "rear-guard action" to douse public anger over the mismanagement of football icon Lionel Messi's event last week.
BJP co-in-charge for West Bengal Amit Malviya alleged that this is also an "open confession" that the Messi event fiasco was not accidental but a government-manufactured disaster, borne out of the poor governance of Banerjee, her ministers and the state bureaucracy.
Banerjee on Tuesday accepted Biswas' resignation as the sports minister in the wake of the controversy over the mismanagement of football icon Messi's event last week, a senior leader of the ruling TMC said.
Biswas, who had written to the chief minister seeking to be relieved of his responsibilities as sports minister, will continue as a cabinet minister, retaining charge of the power department.
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Reacting to the development, Malviya said in a post on X, "TMC Sports Minister Aroop Biswas resigns after the Messi fiasco and Mamata Banerjee accepts it in record time."
"Do not mistake this for accountability; this is nothing but a rear-guard action to douse public anger. anger! This is not 'Raj Dharma'," he added.
The BJP leader alleged that the incident was the outcome of "loot" of common people which is "so synonymous" with the TMC.
The incident was also the outcome of the "shameless VIP culture that TMC thrives on and deep-rooted cronyism promoted by Banerjee," he charged.
Malviya further alleged that Biswas' resignation exposes a "collective failure of Mamata Banerjee, her partisan bureaucracy, and her crony cabinet".
"This is a symbolic sacrifice, a political hoax, soon to be buried under layers of bureaucracy, with no justice, no accountability, and no remorse," the BJP leader said, adding, "No resignation will bring back the time lost, the money wasted, or the stolen chance for football lovers to witness Messi in Kolkata."
