The Supreme Court Bar Association has written to the Supreme Court after Chief Justice of India SA Bobde indicated on Thursday that all COVID-19 related matters may be transferred from several high courts to the top court.
The plea by the SCBA read, ” High Courts appear to be best suited to deal with the situation, hence it would be proper to allow the Hon’ble High Courts to continue dealing with the present issue.”
This was after CJI Bobde, who retires tomorrow, made an extraordinary intervention on Thursday indicating that he intended to transfer all COVID-19 related cases from high courts to the Supreme Court.
CJI Bobde’s move left many baffled as they questioned the motive behind such extraordinary intervention only after the Delhi Court pulled up the Centre’s Narendra Modi government for its inept handling of the second wave of the COVID-19 pandemic.
Bobde said on Thursday, “We see that six High Courts are taking action. We appreciate that. But this is creating some confusion and diversion.” CJI Bobde then went on to appoint lawyer Harish Salve as the amicus curiae in the matter. Many wondered if the appointment of Salve, who’s known to be close to the government and currently based in London, was the right choice for the appointment as the amicus curiae.
Solicitor General Tushar Mehta asked the Supreme Court Bench if he should respond to high courts since the top court intended to transfer cases from them to itself. Justice Ravindra Bhat, according to Livelaw, told Mehta, “Mr.Solicitor, you may go ahead and present your plan(before the High Courts). It is not to supersede any order(of High Court) as of now.”
However, CJI Bobde made another extraordinary interruption as he said, “May be it is better to report directly to the Supreme Court. We will see that later. Anyway we will issue notice and consider matter tomorrow.”
CJI : May be it is better to report directly to the Supreme Court. We will see that later.
Anyway we will issue notice and consider matter tomorrow.#COVID19 #SupremeCourt
— Live Law (@LiveLawIndia) April 22, 2021
Several high courts have been hearing the pleas by hospitals on the acute shortages of oxygen in the face of the surge in the second wave of the COVID-19 pandemic in India.