SCBA seeks to be impleaded in COVID-19 suo moto plea, opposes transfer of cases from HCs

The Supreme Court Bar Association moved the apex court seeking to be impleaded as a party in the suo moto plea on issues related to the COVID-19 situation. It mentioned that petitions pertaining to the non-availability of medical oxygen, preventive and curative drugs and medical facilities are pending before different High Courts. Maintaining that HCs are suitably dealing with issues prevailing at the local level, the SCBA recalled the SC's consistent position on the HC's powers.

Therefore, it submitted that the HCs should be permitted to continue dealing with such petitions. This comes in the wake of the SC expressing its intention to withdraw these cases from the HCs to itself. At the same time, SCBA made it clear that the apex court can take up larger issues such as inter-state movement of essential supplies and woes faced by migrants returning home during the lockdown. 

In its petition, the SCBA noted, "That the present is a very difficult situation and all of us appear to have been called upon to co-operate with each other in order to survive and everyone is doing their best to deal with this unprecedented situation. However, since there is absence of preparedness in advance for the present situation by the central and state machinery, some difficulties are arising at local level and same are being resolved by various Hon’ble High Court in view of the local situation. That in view of the foregoing, Hon’ble High Courts appear to be best suited to deal with the situation, hence it would be proper to allow the Hon’ble High Courts to continue dealing with the present issue." 

Earlier in the day, the SC issued notices to the Centre, states and parties who have approached the HCs to show cause why the apex court cannot pass uniform orders on supply of oxygen, essential drugs, method and manner of vaccination and declaration of lockdown. The bench comprising of CJI SA Bobde, Justices L Nageswara Rao and S Ravindra Bhat asked the Union government to present a national plan for dealing with essential services and supplies during the COVID-19 pandemic. Appointing Queen's Counsel Harish Salve as the Amicus Curiae in the matter, it will be heard at 11 am on Friday. 

SC also asked the Centre to respond on the following aspects: 

• Report on the existence or otherwise and requirement of setting up of a coordinating body that would consider allocation of the above resources in consultative manner (with the involvement of concerned States and Union Territories).
• Considering declaration of essential medicines and medical equipment including the above articles as essential commodities in relation to COVID.
• In respect of coordination of logistical support for inter-State and Intra-State transportation and distribution of the above resources".