'Don't pass orders impossible to implement': SC stays Allahabad HC directions

NEW DELHI: The Supreme Court on Friday stayed the directions issued by the Allahabad High Court in connection with COVID-19 management in Uttar Pradesh, stressing that the high courts should not pass orders "that are impossible to implement".

While passing its directions, the Allahabad High Court had observed the entire medical system of the state, especially in smaller cities and villages, can only be taken to be like famous Hindi saying, "Ram bharose" (at the mercy of god).

An apex court bench comprising Justices Vineet Saran and B.R. Gavai observed said the High Courts must ponder over the practicality of implementation of their orders. Noting that governments became active after orders were passed by various High Courts, it said that the courts should also look into the submissions made by the government.

"Courts should also have some judicial restraint and not pass orders which are difficult to be implemented," said the bench during the hearing of a plea filed by the Uttar Pradesh government challenging the High Court order.

During the hearing of a PIL on the COVID-19 situation in UP, the Allahabad High Court had passed a slew of directions on May 17 in connection with providing ambulances with ICU facilities in all villages, making oxygen beds available in all nursing homes, upgradation of medical college hospitals in the state etc, on an urgent basis.

But, the top court said the High Court should consider the possibility of directions being implemented and avoid passing the orders which are impossible. It also added that High Courts must avoid dealing with pan-India issues, when it is already looking into them. (IANS)

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