Fri 30 April 2021:
Coronavirus crisis in India calls for introspection. There have been lapses And failures. Though it’s true that nobody could have predicted such a big surge, India could have been better prepared.
It’s also true that mass religious and political events could have been called off. A blame game 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. They’re making sure that those leading us do not become complacent. At least 11 high courts have pulled up various 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 account.
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 interventions and criticism of the govts responsible is both sharp and reassuring.
On April 27th, the Delhi High Court pulled up the Aam Aadmi Party government. saying its confidence was shaken over the 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’
On April 19, The Allahabad High Court pulled up the Uttar Pradesh government for its approach in dealing 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 ordered a lockdown in five major cities in the state but the order was stayed by a Supreme Court directive after the UP govt protested.
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.
On April 16, the Gujarat High Court also took the state government for downplaying the severity 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 ensure 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 exact words of Justices SB Shukre and SM Modak.
High courts in other states have also been unsparing in their remarks. High courts in Patna, Karnataka, Telangana and Chennai have all pulled up respective governments for their handling of the current crisis.
As for the Supreme Court of India, it first directed the Centre to submit a national Covid plan. Now it has pulled up the govt over disparity in vaccine prices, demanding that the rationale 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 it called a ‘national calamity’.
-WION
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