Supreme Court: ‘High courts should not issue orders which are impossible to enforce’

New Delhi: The Supreme Court has stayed the Allahabad High Court’s decision to make ‘Ram Bharose’ remarks in UP. However, the apex court clarified that the UP government should take the remark as a piece of advice without considering it as anti-government. The Allahabad High Court had directed the UP government to provide two ambulances with ICU facilities in each village. These orders of the High Court have also been stayed by the Supreme Court. There are 97,000 villages in the state and it is impossible to provide this facility in a month’s time (dont pass orders impossible to implement), the UP government told the Supreme Court.

All High Courts should consider its practicality before issuing their orders and should not issue orders which are impossible to enforce. Subjects with interstate and international influence should be avoided when hearing cases related to corona management. This is because the Supreme Court is resolving issues at the national level, the apex court said.

We will issue an order balancing the powers of the High Court and the powers of the State Government. The apex court told the UP government that it would not issue any order that would infringe on the rights of the state government and the high court. The Uttar Pradesh government had appealed to the Supreme Court against the Allahabad High Court order. The UP government has said that all cases related to corona management should be heard before a bench headed by the Chief Justice of the High Court. Health infrastructure will not be neglected. But it is impossible to comply with these orders, said Solicitor General Tushar Mehta.

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We know the concerns of the court. But this is a matter of concern. The courts should also exercise some judicial restraint. Justice Vineet Saran said that orders should not be issued which are impossible to enforce. So we also have a shortage of experts, said Justice Gavai.

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