COURTS AT THE TIME OF CRISIS

While our country is currently fighting from the 2nd strain of coronavirus, the rest of the world is back on their track to development, we can see the barbaric condition of the health of the citizens of this country. Many states have imposed lockdown & restraints yet again in containment zones, but India with its Indian people, there are still many a people who are not taking this Co-Vid wave seriously roaming around hitherto without following any kind of precautions issued by Central as well as State Government. Such disregard will harm eventually us only in the end as the Covid surge is rising day by day. People who are still not wearing masks should be booked under section 269 of Indian Penal Code stating negligent act likely to spread infection of disease dangerous to life. However, from a different point of view, Even the central government has not taken this 2nd wave of strain seriously until the medical infrastructure of the states has collapsed. The government has been engaged in election rallies in the state of west Bengal where elections are being held in 7 phases from March 29 till April 28, 2021. Apparently, the following of certain protocols amidst such pandemic were null. Election commission of India came into being on April 22 banning rallies for all political parties after weeks of second wave. The Madras High Court came down heavily on Election Commission of India for allowing political parties to conduct rallies in election during pandemic. Chief Justice of Hon’ble High Court Sanjib Banerjee’s anguish can be reflected by his statement – “Election Commission officers should be booked on murder charges probably”. Kumbh Mela, a sacred Hindu festival was also organized in Haridwar where lakhs of devotees joined to take a dip in holy ganga river during which no protocols regarding masks and social distancing have been maintained as well. The Allahabad High Court took a PIL matter on Suo-moto cognizance regarding degrading medical infrastructure in U.P. where there was inadequate availability of ventilators, oxygen as well as drugs. In its judgement, The Hon’ble High Court imposed lockdown in 5 major cities of the most populated state of India. The 5 states were – Kanpur, Prayagraj, Lucknow, Varanasi, & Gorakhpur. The two-judge bench consisting of Justices Siddharth Varma and Ajit Kumar observed that medical infrastructure in these cities is not sufficient to handle such pandemic and ordered for week long lockdown in these cities. However, an appeal was filed by U.P. government in the Supreme Court of India where an interim stay was granted on High Court’s decision. Solicitor General Tushar Mehta appearing on behalf of appellant stated that "to lock down five cities by judicial order may not be the right approach". The Hon’ble Supreme Court of India appointed Senior Advocate P.S. Narsimha to assist the topmost court as an Amicus Curiae. It was observed that the judgement of the hon’ble high court of Allahabad was violative of principle of separation of powers of the three pillars of democracy as embodied in our constitution, and interim stay was imposed on the decision. However, the view of Hon’ble Supreme Court should have been to take into consideration the degrading medical condition in the state where deaths due to CoVid-19 are in two digits daily. The Supreme Court must interfere in this under Article 142 to uphold the physical and mentally lowering condition of the citizens. However, the matter being sub-judice, we hope the decision to be in favour of the life of the citizens. The Delhi High Court also slammed the AAP government to not handle the medical facility for its patients properly in the absence of oxygen. The divisional bench of Justices Vipin Sanghi and Rekha Palli stated – “Set your house in order. Enough is enough. If you can not manage it, then we will ask the central government to their officers in and do it. We will ask them to take over. We can not let people die like this”. During this pandemic, High Courts are taking up Suo-moto cognizance of the petitions due to inadequate handling of medical infrastructure by the state governments due to which Covid positive patients are suffering. The disheartening fact in this crisis was that Supreme Court ignored the degrading condition of citizen’s lives until the intervention of High Courts raising voice against the state and central government on behalf of people. Several high courts have been hearing matters related to Covid 19 on an urgent basis as soon as cognizance is taken, while Irony is that Supreme Court of India has adjourned the proceeding concerning shortage of oxygen for a week on request of Centre’s lawyer to show cause reasons for such shortage. It can be readily observed by everyone that in this barbaric disorder prevailing all over the country, it is the High Courts of the country upholding the rights of citizen in such grave condition where people are dying due to lack of proper medication facilities in the state.