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The judiciary won’t be a silent spectator in the current crisis: Supreme Court

In India, it is time to introspect about the Coronavirus crisis. There have been mistakes and failures. Though it’s true that nobody could have prophesied such a big wave, India could have been better planned.

We could be better planned by calling off mass religious and political events. Blaming each other in the middle of a crisis may not help, but that doesn’t mean we don’t hold governments to account.

Indian courts have now stepped in for making sure that those leading us do not become self-righteous. At least 11 high courts have pulled up several state governments and the Centre.

The Supreme Court of India has made it absolutely clear that the judiciary won’t be a silent spectator in the current crisis.

Indian courts are making sure that the political class is held to judge.

The high courts in Delhi, Allahabad, Patna, Kolkata, Hyderabad, Ahmedabad, Nagpur, Aurangabad, Mumbai, Bangalore and Chennai are hearing petitions about the covid-19 situation in the respective states.

Their interruptions and analysis of the govts responsible are both distinctive and reassuring.

On April 27th, the Delhi High Court pulled up the Aam Aadmi Party government, saying its confidence was shaken over handling of the crisis in the national capital.

“Set your house in order. Enough is enough. If you cannot manage it, tell us, then we will ask the central government to send their officers in and do it. We will ask them to take over. We cannot let people die like this,’ said the court.

The high court has directed the Delhi government to address the alleged mismanagement in the distribution of medical Oxygen and ensure oxygen supply ‘by all means necessary’

The Allahabad High Court, on April 19, pulled up the Uttar Pradesh government for its strategy to deal with the rising cases.

“Those in power must shun the attitude of my way or no way. They should welcome suggestions from all quarters. We would be laughed at that we have enough money to spend on elections and very little to spend on public health,’ the court said.

The court also directed a lockdown in five major cities in the state but Supreme Court put a stay on the order directive after the UP govt objected.

In West Bengal, which held a month-long election in the middle of the second wave, and will count votes on may 2nd, the Chief Justice of the Calcutta High Court has pulled up the Election Commission.

“The ECI is empowered to act, but what is it doing? Just passing circulars and leaving it to the people? Issuance of circulars and holding of meetings by themselves do not discharge the onerous responsibility of the ECI,” said the court.

The Gujarat High Court, on April 16, also took the state government for downplaying the hardness of the crisis.

“Hiding the real picture, suppressing accurate data would generate more serious problems including fear, loss of trust and panic among the public,’ said the court.

The court has directed the state govt to assure its affidavits reflect the ground realities.

In Maharashtra, the Nagpur bench of the Bombay High Court has pulled up both the state and the centre for failing to comply with its order to supply 10,000 units of Remdesivir in the Vidarbha region.

“If you don’t feel ashamed of yourself, we are feeling ashamed of being part of such a nasty society. You are neglecting and ignoring patients. We give you a solution, you do not follow it. You do not give us a solution. What absolute nonsense is going on here,’ the court said.

‘Absolute nonsense’, were the specific words of Justices SB Shukre and SM Modak.

High courts in other states have also been plentiful in their remarks. High courts in Patna, Karnataka, Telangana and Chennai have all pulled up respective governments for their handling of the current crisis.

According to the Supreme Court of India, first directed the Centre to submit a national Covid plan. Now it has pulled up the govt over the difference in vaccine prices, demanding that the reason behind different prices for Centre & states be explained. The apex court has also said it won’t stop high courts from hearing petitions in their respective states adding that the judiciary wants to play a complementary role. And it can’t be a silent spectator to what is called a ‘national calamity’.

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