Mahima
A bench headed by Chief Justice SA Bobde took suo moto action in the case “In Re: Distribution of Essential Supplies and Services During Pandemic” issuing notices to Centre, State Governments, Union Territories and the parties who have approached High Courts.
The Supreme Court noted that at least seven High Courts have been considering matters related to oxygen supply, medicines availability, hospital services, etc.
The bench including Justices L Nageswara Rao and Ravindra Bhat, further observed that the orders passed by various High Courts may accelerate and prioritise the services to a certain set of people and slowing down the availability of similar resources to other regional, local or otherwise groups.
The bench commented, “Prima facie, we are inclined to take the view that the distribution of these essential services and supplies must be done in an even handed manner according to the advice of the health authorities which undoubtedly take into account relevant factors like severity, susceptibility, the number of people affected and the local availability of resources”.
The Court also urged the Central government to implement a national plan for dealing with supply of essential services, “Prima facie, we are also of the opinion that the Central government should respond to the following:
- Report on the existence or otherwise and requirement of setting up of a coordinating body that would consider allocation of the above resources in a consultative manner.
- Considering declaration of essential medicines and medical equipment including the above articles as essential commodities in relation to Covid-19.
- In respect of coordination of logistical support for inter-state and intra-state transportation and distribution of the above resources”.
The Court also appointed senior advocate Harish Salve as amicus curiae in this matter.
