We never intended to transfer Covid-crisis cases from High Courts: SC

A judge in the bench of the Apex Court questioned senior lawyer Dushyant Dave as to how he commented on SC's intention without seeing the order

Amid the rise in the COVID-19 cases in India, the Supreme Court on Friday while hearing the suo motu cognizance case on 'COVID-19 crisis' said that we never have the intention to transfer the COVID-crisis related cases from various High Courts to itself, and observed that we never stalled HCs hearings.

A three-judge bench of the Apex Court, headed by the Chief Justice of India (CJI) Sharad Arvind Bobde hearing the case, observed that "the people are dying due to lack of oxygen."

The CJI also made it clear that yesterday's order in the suo moto case did not speak about transferring cases out of various state High Courts to itself, and adjourned the matter for Tuesday.

The Apex Court also made it clear that the state HCs can continue hearing covid related cases, with respect to shortage of oxygen, injections and other necessary items, as people are dying due to the lack of oxygen.

The three-judge bench of the Apex Court, headed by the CJI Bobde and also comprising Justice L Nageswara Rao and Justice S Ravindra Bhat, was hearing the Suo Motu Cognisance case, with respect to the crisis of oxygen shortage and others.

While hearing the case, the CJI Bobde observed, "People are dying due to lack of oxygen. Everyone needs oxygen, with due respect to all."

The Solicitor General (SG) Tushar Mehta, appearing for the Centre, said, "The country is in bad need of oxygen. Odisha oxygen can come to Rajasthan. We have the potential and why don't we use our manpower for it."

Meanwhile, during the course of the hearing, the CJI allowed senior lawyer, Harish Salve to recuse from the post of Amicus Curiae (Friend of the court) to assist the court in the case.

The Top Court allowed his plea to withdraw from the post of Amicus after he told the SC that he would not want to be assisting the court when allegations are leveled against him for being appointed as Amicus and is maliciously attributed by some to his friendship with CJI from school days.

"Please permit me to recuse from the case," senior advocate, Harish Salve said.

The SG Mehta said that it is very unfortunate that many virtual media platforms are abusing this process of appointing Harish Salve as Amicus Curiae in the case.

We are interested that oxygen is produced and it should be used, the CJI said.

Justice Rao, another judge in the bench of the Apex Court, questioned Senior lawyer, Dushyant Dave, that without seeing our order, how can he say that we wanted to transfer the Covid related cases to us from various HCs

Dave and certain other lawyers had spoken to certain media houses on the issue and raised questions about the likely decision of the SC to transfer the covid cases itself.

Justice S Ravindra Bhat, another judge on the bench, questioned Dave that we have not said anything on HCs but how you commented like this?

"We have not stalled the proceedings of the HCs yet," Justice Bhat asked Dave.

The lordships should look into the inter-state movement of oxygen, as there is a serious shortage of oxygen, Senior lawyer, Vikas Singh for the SCBA told the SC.

The CJI said that the matter is adjourned to Tuesday, April 27.