'Unjustified': Senior Lawyers Criticize Supreme Court's Move To Transfer COVID Matters From High Courts To Itself

Team SoOLEGAL 23 Apr 2021 3:18pm

'Unjustified': Senior Lawyers Criticize Supreme Court's Move To Transfer COVID Matters From High Courts To Itself

On 22nd April, 2021, Supreme Court of India had decided to take over the issues regarding Covid-19 matters from the High Courts. Chief Justice of India SA Bobde had stated that, as six different High Courts are dealing with same matters hence, it is causing confusion and diversion of resources. This particular decision of Supreme Court is being criticized by several senior advocates of different High Courts. The Supreme Court's unprecedented intervention came after the High Courts of Bombay and Delhi intervened urgently on Wednesday night to ensure supplies of oxygen and medicines to COVID-19 patients, after making many harsh criticisms on the Central Government.

Senior Advocate and former Attorney General Mukul Rohatgi had stated that, High Courts are eligible to deal with the issues as it unfolds in the concerned state. According to him only High Courts can give best solution for local problems. Senior Advocate and Former President of Supreme Court Bar Association Dushyant Dave had stated that the Supreme Court's suo moto interference to prevent the High Courts from carrying out their constitutional duties is both unnecessary and unjustified. According to him, High Courts are in a better position to know the local jurisdiction.

According to Senior Advocate Anjana Prakash, there is no illegality in the High Court’s order and also High Court is not the subordinate Court of the Supreme Court. According to Senior Advocate Sanjay Hegde, the interference of the Supreme Court is likely to weaken the attempts of the High Courts to keep the State Governments accountable for COVID management.

According to senior advocate and Rajya Sabha MP Vivek Tankha, although the Supreme Court may be in a better position to seek the Union Government's answer on the COVID issues on a national level, the High Courts are better prepared to track the matter at the micro level. 

Tagged: Supreme Court   COVID Matters   High Courts   Senior Lawyers   Chief Justice of India   SA Bobde   Bombay high court   Delhi high court   Central Government   Attorney General Mukul Rohatgi   Bar Association   Dushyant Dave  
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