‘They are exercising jurisdiction in best interest, but it’s creating confusion’: SC on HCs handling COVID-related hearings

NEW DELHI:  The Supreme Court on Thursday asked the Centre to present before it a national plan elaborating the measures it has adopted and proposes to take to face the national emergency while taking a suo motu cognisance of the crisis caused by the second Covid-19 wave. The plan has to be submitted today.

CJI: It is an national emergency, we are taking suo moto cognizance of the matter. At least six high courts were hearing issues related to the preparedness of the states and the Centre to deal with the crisis.

CJI: They are exercising jurisdiction in the best interest, but it is creating confusion and diversion of resources because of their priorities. One high court thinks there is a priority for one group and some for another. So, we as the Supreme Court, wish to take suo moto cognisance of certain issues.

Solicitor General Tushar Mehta: Is the Centre still required to make submissions before the high courts after the top court’s cognizance?

Justice Ravindra Bhatt, part of the bench: The government should go ahead and adduce its national plan before high courts. The idea was not to supersede high court orders at this moment.

CJI: It was perhaps a better idea for the Supreme Court to hear everything and the matters before the high court could be transferred to it.

Tushar Mehta: Centre will for now inform the high courts about the pendency of the matter before the Supreme Court.

CJI: Let senior advocate Harish Salve (who was appearing in a different case was waiting for his turn during the virtual hearing) be made amicus curaie.

Let the national plan be shared with us tomorrow on supply of medical oxygen, essential medicines, method and manner of vaccination, and the power of a court to order a lockdown to check the pandemic spread.