New Delhi: The Supreme Court has said that it will consider fixing the limit of orders that can be given in matters of public interest. The court said this during the hearing of the petition of the UP government. The UP government had placed the order of the Allahabad High Court in the Supreme Court, in which it was asked to deploy 2-2 ICU-equipped ambulances in all 97 thousand villages of the state within a month. The Supreme Court also raised questions on the remark of the High Court in which the health system of UP was called ‘Ram Bharosa’.
Earlier on May 21, the Supreme Court had advised all the High Courts not to give such orders which are impossible to comply with. On that day, the Supreme Court stayed the Allahabad High Court order, which had asked to provide 2 ambulances for all villages of Uttar Pradesh within a month. In that order, the High Court had also asked to provide oxygen beds in all nursing homes and to set up oxygen plants in medium level nursing homes.
“Orders cannot be given without understanding the practical situation”
A bench of Supreme Court Justices Vineet Saran and Dinesh Maheshwari today said that it appreciates the concern of the High Court judges regarding public interest. But it is necessary to see to what extent the court can interfere in the jurisdiction of the executive. At the time of calamity, the government takes a decision after considering many aspects. The government has the help of experts, on the basis of which it works. Orders cannot be given without understanding the practical situation. Justice Saran said, “In one case, the High Court asked the government to take the formula of Kovid vaccine from a private company and give it to other companies. Is it practical? The constitution has divided the powers for every part of the system. That needs attention.”
The Supreme Court today asked Solicitor General Tushar Mehta and senior advocate Nidhesh Gupta, who was made amicus curiae in the case, to inform him about the orders of the High Court that came after May 21. After that the matter will be considered further. The next hearing of the case will take place on August 10.
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