For the record, the Supreme Court has clarified that it was not taking away any other court’s role, but only asking the respondents to report the high courts which had the problem before them about what the governments, both central and state, planning to do to deal with the crisis. It is doubtful whether the explanation would satisfy the critics, who comprised senior lawyers, including former attorney general Mukul Rohatgi, that the Supreme Court move was a retrograde step that questioned the competence of the high courts. Rohatgi even criticised the apex court, along with the central government, both of which, according to him, were ‘sleeping’ when the chaotic situation was already developing and could have been handled properly with prompt action.

Irrespective of whether the high courts could have managed the situation on their own, the Supreme Court action has helped bring out the seriousness of the situation, which is threatening the lives of thousands of patients, both Covid and otherwise, with virtually no oxygen left in their hospitals to keep them alive. The full credit for telescoping attention to the crisis must go to the judiciary as a whole, and it does not matter as to how much of it can be claimed by the Supreme Court Chief Justice himself.

On their part, the high courts had the balls rolling, pulling up both the Centre and the state governments, for the bureaucratic approach that led to utter confusion and complete lack of coordination among the various agencies concerned although hospitals were sending SOS messages seeking urgent supplies. The tragic dimensions of the crisis moved even China to offer help with oxygen supplies, but our own agencies have been fighting over trivial issues, letting patients on oxygen support die by the dozens. Russia, UK, France, Germany and other countries are rushing equipment and supplies to help.

In the chief ministers’ meeting with the Prime Minister the other day, Delhi Chief Minister Arvind Kejriwal was even scolded by Modi for his impertinence in using the meeting for political publicity by allowing telecast of a session that was supposed to be confidential and an internal affair, for which Kejriwal promptly apologised, but the point that he sought to raise demanded an answer. It was a genuine question as to who should he ring up when Delhi hospitals ran out of oxygen supply.

It is here that the actions by the high courts became decisive and it was only due to their interventions that at least partial supplies could be organised for Delhi hospitals, which had been desperately asking for supplies because patients were facing the risk of certain death as they were left with oxygen that could last only a couple of hours. Hospitals were turning away patients, saying they don’t have either the beds or oxygen cylinders to provide life support to covid patients in critical condition.

In characteristic style, Justice Bobde’s Supreme Court has adjourned its suo moto case that included the call for a national emergency plan to deal with the unprecedented crisis, after senior advocate Harish Salve, who was earlier named amicus curiae to help the court, decided to quit as he faced criticism over his appointment. Although the chief justice has retired before his national emergency plan saw the light of the day, the telescoping did help in waking up the Modi government and its agencies to act. CJI Bobde can be considered to have remitted office with that much sense of satisfaction. (IPA Service)