PremiumThe Supreme Court on Thursday termed India’s pandemic resurgence a national emergency, directing the central government to present a national plan to ensure an “even-handed” supply of essential medicines and services to all states
The Supreme Court on Thursday termed India’s pandemic resurgence a national emergency, directing the central government to present a national plan to ensure an “even-handed" supply of essential medicines and services to all states.
“The situation in various parts of the country is grim. There seems to be a sudden surge in the number of covid patients and mortality," the bench headed by Chief Justice S.A. Bobde said while taking a suo motu (on its own) cognizance of the crisis.
Issuing notices to the Union and state governments, it asked solicitor general Tushar Mehta to present the national plan on the availability and distribution of essential supplies and services. The bench, which also includes justices L. Nageswara Rao and S. Ravindra Bhat, appointed senior advocate Harish Salve as amicus curiae to assist the court.
The bench also issued notices to petitioners before six high courts that are hearing issues related to the covid crisis, asking why it should not pass uniform orders. “The high courts have passed certain orders which may have the effect of accelerating and prioritizing the services to a certain set of people and slowing down the availability of these resources to certain other groups whether the groups are local, regional or otherwise," the court order said while telling Mehta that these orders were also creating confusion and diversion of resources because of different priorities.
“Prima facie, we are inclined to take the view that the distribution of these essential services and supplies must be done in an even-handed manner according to the advice of the health authorities, which undoubtedly take into account relevant factors like severity, susceptibility, the number of people affected and local availability of resources," the order noted.
The order listed out its focus areas—supply of medical oxygen, essential medicines, method and manner of vaccination, and declaration of lockdown to check the pandemic spread.
On the issue of lockdown, the CJI, whose bench had on Tuesday stayed an order of the Allahabad high court for virtually locking down five worst-hit districts of Uttar Pradesh, observed that this authority should be with the state government. “We want to keep the power to declare lockdown with states. It cannot be a judicial decision," he remarked.
In its order, the apex court has also asked the Union government to apprise it of the existence or requirement of a coordinating body that could consider the allocation of the resources in a consultative manner with the involvement of concerned states and Union territories in addition to providing logistical support for transportation and distribution of essential medicines, oxygen and other resources. The bench also asked the Centre to consider the declaration of essential medicines and medical equipment required for treatment of covid-19 as “essential commodities".
When Mehta asked if the Centre was still required to make submissions before the high courts after the top court taking cognizance of the issue, justice Bhat said the Centre should go ahead and adduce its national plan before high courts since the idea was not to supersede high court orders at this moment. However, the CJI was of the opinion that it was perhaps a better idea for the Supreme Court to hear everything together and the matters before the high courts could be transferred to it.
Salve attended the court on behalf of Vedanta with a request for reopening its Sterlite Copper plant in Tamil Nadu’s Thoothukudi to produce and supply oxygen for covid patients. “We want this permission only for starting the oxygen plant. And we will supply it free of cost. Give us the permission today, and we can start producing it in 5-6 days."
The plant was shut down in May 2018 after 13 civilians were shot dead in the anti-Sterlite protests in Thoothukudi.
Click here to read the Mint ePaperMint is now on Telegram. Join Mint channel in your Telegram and stay updated with the latest business news.
