2021 (8) TMI 1128

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....p;        Mrs. Garima Prashad, AAG                               Mr. Abhishek Sharma, Adv.                               Mr. Abhinav Agrawal, AOR For Respondent(s) : None ORDER This petition has been filed by the State of Uttar Pradesh challenging the order dated 17.05.2021 passed by the Division Bench of the High Court in Public Interest Litigation No. 574 of 2020 in Re: Inhuman condition of quarantine cen....

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....ovide two ambulances with such facilities in each village in the entire State in such a short period. Learned SG has stated that the endeavour of the State is to provide as many facilities as possible and they are prepared to work in that direction but the order issued to that effect which cannot be implemented would cause embarrassment to the State Government and officers who may not be able to implement the same and could be hauled up by the Court. Another example which the learned SG has placed before us is in paragraph 17, whereby it has been directed that all nursing homes in the state should have oxygen facility on every bed, and nursing homes which have more than 20 beds should have at least 40 per cent beds as Intensive Care Unit....

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....such observations demoralize the spirit of doctors and para medical staff who are working day and night and are trying their level best to take full care of the rising number of corona patients. In our view, the submission that such observations were not warranted and the same may create panic amongst the citizens of the State and nullify the endeavours of the State Government in doing whatever best they are able to do for control of the pandemic and give relief to the patients, has some force. These are some of the observations/directions which, in our view, may be well meaning, and may have been passed by the Court in the anxiety for the good of the general public, but since apparently the same are incapable of being implemented, th....

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....over by the Chief Justice of the respective High Courts, it would be desirable that this matter may also be dealt with by the Bench presided over by the Chief Justice of the Allahabad High Court. Be that as it may, it is a normal practice, which is also desirable, that such matters of public importance are dealt with by the Bench presided over by the Chief Justice, but since the constitution of Benches is the prerogative of the Chief Justice, in our view, it would be for the Chief Justice of the High Court to consider such aspect and pass appropriate orders. Further while again appreciating the efforts of the judges of the High Court in looking to the matter in depth while passing orders, we are of the opinion that the High Court shou....