“Beg, Borrow, Steal... Make Oxygen Available”

A distressing spectacle has unfolded itself as citizens fight for oxygen, hospital beds and medicines. Even as insensitive governments looked on, it was Courts that gave the much-needed succour

- Abhinav Verma

AS the pandemic raged across India, various High Courts came forward to pull up state governments for their abdication of responsibility and leaving harried citizens to fend for themselves.

However, on April 22, 2021, then Chief Justice of India (CJI) SA Bobde took suo motu cognizance of the distribution of essential supplies and services during the pandemic and said: “Multiple Covid-19 cases on key issues like supply of oxygen, drugs, vaccination and imposition of lockdown are being heard by the various High Courts which may lead to confusion.”

The bench comprising then CJI Bobde and Justices Nageswara Rao and Ravindra Bhat said: “The High Courts have passed certain orders which may have the effect of accelerating and prioritising the services to a certain set of people and slowing down the availability of these resources to certain other groups.”

The bench issued notice for a national plan on the supply of oxygen, medicines, vaccines and methods of imposing a lockdown. Justice Bobde also said the Court might withdraw certain issues from the High Courts to itself. This led to the presumption that the Supreme Court may transfer Covid-19 related matter to itself.

Several seniors lawyers criticised this step and said the High Courts were the best place to evaluate the local situation and were in a better position to pass directions to tackle the Covid-19 crisis.

However, on April 27, a bench comprising Justices DY Chandrachud, L Nageswara Rao and S Ravindra Bhat clarified: “The purpose of this court assuming jurisdiction of