Highlights:
- The central government has been coming under target from the High Court to the Supreme Court.
- The Supreme Court also slammed the Center in the case of three accused in the Delhi riots case.
- Earlier, the Delhi High Court has repeatedly made strict comments on the issue of lack of oxygen.
The Delhi High Court has given a strong reprimand to the Central Government while granting bail to three accused facing stringent provisions of UAPA in the Delhi riots case. It said it was a fundamental right to protest without weapons, not any “terrorist activity”. A bench of Justice Siddharth Mridul and Justice Anoop Jairam Bhambhani made strong remarks against the government in three separate orders. Even before this, from the High Court to the Supreme Court, the central government has used a strict tone. Let us know when and on what issues the central government has been involved in various High Courts and Supreme Court in recent times.
Delhi High Court angry over imposition of UAPA
The Delhi High Court expressed displeasure over the registration of a case under UAPA sections against three accused of Delhi riots, Devangana Kalita, Natasha Narwal and Asif Iqbal Tanha. While granting bail to the three accused, the Delhi High Court said, “We are compelled to say that it appears that in concern to suppress dissent and fear that the matter may go out of hand, the Government has constitutionally We have blurred the line between ‘right to protest’ and ‘terrorist activity’. If allowed to do so, it will endanger democracy.”
…when the Delhi High Court mocked the Center
The biggest problem of the central government was on the issue of oxygen. During the long hearing on this issue in the High Court, many stigmas were leveled against the Central Government and a lot of false hearings. The Delhi High Court accused the Center of being careless between deaths, keeping eyes closed due to lack of oxygen. The court angrily even said that it would hang those who obstruct the supply of oxygen. The High Court, during hearings held on different days in the month of May, said that the coronavirus has not spared a single family, yet the central government officials are living in their ‘ivory towers’, unaware of the ground reality.
You can be blind, we can’t close our eyes: HC
Prior to that, the High Court had said in its remarks that the central government can close its eyes, but it cannot. “People are dying due to lack of oxygen in Delhi, yet how can you be so insensitive,” the court said. Supporting the claim of the Delhi government, the High Court had said, “What the Delhi government is saying is not empty rhetoric.” When the Delhi government demanded to make arrangements for the supply of oxygen, the counsel for the central government asked him to refrain from making rhetoric. On this the Delhi High Court was upset and said that the central government has turned its back on the ground reality. The court reprimanded the Center and said that you may be blind, but our eyes are open and we cannot close them.
…then we will hang it up: Delhi High Court
On the issue of lack of oxygen in Delhi’s Maharaja Agrasen Hospital, the anger of the Delhi High Court went to the seventh heaven. The judge said that if anyone disturbs the supply of oxygen, he will be hanged, whoever it may be. In fact, during the hearing of the case, the Delhi government told the court that the supply of oxygen from other states to the national capital is being obstructed. On this, the bench of Justice Vipin Sanghi and Justice Rekha Palli made very strict comments. When the Delhi government accused the Delhi government of obstructing oxygen supply from other states, Justice Sanghi in his remarks even said, “If there is any such instance, then clearly tell. We will not spare that officer as we clearly say in our order.” We will hang whoever interrupted the oxygen supply.”
‘Concerns about the economic interest of companies, but not about human life’
In late April, the Delhi High Court accused the central government of being oblivious to the ground realities. The court said that the Center cannot allow people to die like this due to lack of oxygen. He said that it will not work if the central government keeps on taking time and people keep dying. The court said, “You are worried about the industry but people are dying due to lack of oxygen. It is an emergency like situation in itself. It means human life is of no importance to the government.”
Supreme Court lashed out at the issue of vaccine
It is not that only the High Court has pulled up the Central Government, the Supreme Court has also expressed anger on the issue of vaccine. In fact, when the central government left the responsibility of buying vaccines for the vaccination of people between 18 and 44 years to the states, the Supreme Court pulled up. The Supreme Court questioned the vaccine policy of the Center saying that the vaccine policy fixed for the age group of 18 to 44 years is irrational and arbitrary.
The Supreme Court asked the Center that if the central government has made a provision of Rs 35,000 crore for the vaccine in the general budget, then why was the responsibility of buying the vaccine left to the states. The Supreme Court directed that the Center should buy the vaccine from the amount announced in the budget and distribute it among the states. Later, the central government made a similar announcement, on which the opposition parties told its helplessness. The opposition parties said that this is not the compulsion of the central government, but a compulsion because the Supreme Court had pulled it up.
SC’s honesty regarding registration on Kovin App
The Supreme Court showed the mirror to the central government while referring to the digital divide between urban and rural areas. The court raised serious questions on the necessity of registering through the Kovin app to get the vaccine. The Supreme Court said in a very strict tone, “Policy makers should be aware of the ground situation and make policies accordingly.” A three-member bench of the apex court had taken suo motu cognizance of the Corona management matter. During the hearing, the bench told the Center, “You keep on chanting Digital India Digital India while in rural areas the situation is completely different.” The bench said, “How will an illiterate laborer from Jharkhand get registered in Rajasthan?”
We will see if action is taken against complaints on social media: SC
During the chaos in the second wave of Corona, when people started narrating the condition of the system through social media, various governments tried to suppress them. When the matter reached the Supreme Court, he expressed tremendous anger. The Supreme Court of the country said that there is nothing wrong in complaining about the lack of oxygen, beds, ventilators or any other health facility on social media. He clearly said that if the complainants were harassed in any way, he would not sit silent. The Supreme Court even said that harassment of such complainants would amount to contempt of court. A bench of Justice DY Chandrachud clearly said that withholding of information is against the basic concept of justice.
Center surrounded in Supreme Court on farmers’ movement
The Supreme Court had also reprimanded the central government during the hearing of petitions filed against three new agricultural laws. In January this year, when the hearing was going on, the Supreme Court said that the stand taken by the central government on the issue of farmers’ agitation, it is quite disappointing. The Supreme Court expressed dissatisfaction that the Center could not deal properly with the farmers sitting on various borders of Delhi against the agricultural laws. Later, the court ordered the government to suspend the new agricultural laws. However, seeing no action on the part of the Center, the court asked in a strict tone whether the central government would suspend the agricultural laws or the court itself should put a stay on it?
Supreme Court on Kisan Andolan: Supreme Court angry with Modi government’s attitude on farmers’ movement, reprimanded
Supreme Court’s warning to the High Court
The issue of judicial activism in the country has been rising for years. On various issues there is a discussion about the violation of the boundary between the powers of the judiciary and the executive. State governments including the Center have been accusing the courts of interfering in the working of the executive, while the courts keep expressing their displeasure that the executive is not performing its responsibility properly. There is no doubt that these days the attitude of the courts towards the government has become very tough. This can be understood from the statements like ‘Lang denge’ of the Delhi High Court and ‘The Election Commission should be booked for murder’ by the Madras High Court. This is the reason why the Supreme Court also advised the Delhi High Court and the Madras High Court to refrain from making “unnecessary remarks”.
It should be noted that the Madras High Court pulled up the Election Commission for conducting assembly elections in various states. He said that the commission failed to get the Covid protocol adhered to during the campaigns. The High Court judge even said that ‘a case of murder should be registered against the commission’. He also termed the Election Commission as the ‘most irresponsible body’. The Election Commission had approached the Supreme Court against the same remark of the High Court judge.
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