On Friday, the Apex Court said it is not in favour of appointing a commission of inquiry into the alleged mismanagement of the Coronavirus pandemic in the country.
A bench headed by Justice L. Nageswara Rao noted that there is a worldwide view that judiciary shouldn't interfere in executive decisions in an emergency situation like Covid-19 pandemic.
The Supreme Court didn't pass any order on the plea seeking an independent inquiry through a commission, headed by former SC Judge, into alleged gross mismanagement in the Covid-19 pandemic, & adjourned the matter for next week.
The Supreme Court queried the petitioners lawyer to show it the violation of fundamental right or law. The bench said it cannot pass an order on a roving inquiry, as the petitioners think that the executive action was not satisfactory.
A group of 6 petitioners, including retired bureaucrats, filed the plea through LAwyer Prashant Bhushan alleging that Centre's response to the pandemic & its deleterious impact on the lives & livelihoods of citizens of the country is a definite matter of public concern & warrants appointment of a Commission.
The plea contended that the inquiry is essential with respect to the failure of the Centre to undertake timely & effective measures for containing the transmission of the disease within India even after being notified about it by WHO in early January.
The plea said that "Failure of the respondent (Centre) to adhere to its statutory obligations under the Disaster Management Act 2005, including constitution of & consultation with advisory committees consisting of experts under Section 7, drawing up a National Plan under Section 11A".
The petitioners contended that the Centre failed to consult the national task force appointed by it on March 18, which consisted of experts in the field of epidemiology & public health prior ahead of the imposition of the nationwide lockdown & its subsequent extensions.
The plea alleged that the lapses on the part of the Centre while dealing with Covid-19 pandemic have led to a severe infraction of the fundamental rights of the people.
The plea said, "Firstly, the respondent (Centre) failed to nip the problem in the bud by conducting effective screening & surveillance of international passengers coming into India..."
Criticizing the Govt's decision to declare a lockdown, the plea said it was "arbitrary, irrational & without due consultation with experts or state Govts".
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