SC set aside HP HC order constituting district monitoring committee for COVID preparedness

The Supreme Court on Friday set aside an order of Himachal Pradesh High Court by which it had constituted a ‘district monitoring committee’ comprising of lawyers and district officials to oversee COVID preparedness.

A bench of Justices DY Chandrachud and Surya Kant said that for the reasons which were indicated in the previous order of this court on September 13, 2021, “we are of the view that the High Court was not justified in constituting an expert committee as directed on July 7, 2021”.

It said that having regard to the development which has taken place concerning meeting the challenges of the COVID-19 pandemic, the constitution of the committee by the High Court would not serve any purpose.

“In any event, the High Court had by constituting such a committee transgressed into an area which falls within the jurisdiction of the administration of the state authorities. For the above reasons, we dispose of the appeal by setting aside the impugned order of the High Court dated July 7, 2021, and July 14, 2021”, it said.

Additional Advocate General Abhinav Mukerji, appearing for the state government, said that the order needs to be set aside and interim order of September 13, be made absolute. On September 13, last year, the top court had stayed the orders of the High Court constituting district level committees to monitor the COVID-19 situation in the state.

The High Court had directed that the committee to be comprised of deputy commissioner, secretary of district legal service authority, and president of the district bar association for monitoring COVID-19 situation saying that it was of the view that one set of guidelines cannot operate for the entire State and, hence, a local monitoring committee would be “more useful in such circumstances.”

The top court which had issued notice on the plea filed by the state government challenging the orders of the High Court said that the pendency of the plea will not preclude the High Court from passing any order under Article 226 with regard to the COVID-19 situation.

“When we had constituted a National Task Force on COVID-19, it comprised doctors and experts from across the country but this district-level committee comprises people who are secretary, district legal service authority and President of District Bar Association. What are they expected to do,” the bench had said.

Mukerji had submitted that these committees are having a demoralising effect on the officials, who are working very hard to vaccinate the population as they have to appear before the court every Wednesday, where many allegations are made against them.

He had said the State government has constituted several Committees from the Panchayats to the State Level which include a Panchayat level Covid Management Task Force, District Level Committees, Logistics Committee, a Covid-19 Patient/Ambulance Management Committee, a Corporate Social Responsibility Coordination/Contribution Committee and a Media/IEC Committee. The lawyer had said that a State Task Force has been constituted by the Governor of the State on November 23, 2020.

The bench had then said, “Prima facie, the Committee which has been constituted by the High Court is not an expert Committee consisting of domain experts who are expected to assist on specific aspects of the response to the COVID-19 pandemic”. It had said that pending further orders, there shall be a stay of the direction of the High Court in its order dated July 7, 2021, constituting the District Level Monitoring Committees.