Q. Whether Doctrine Of Impossibility Is Applicable Even To Court Orders ?

A. YES.

RELEVANT CASE LAW:

STATE OF UTTAR PRADESH VERSUS IN RE INHUMAN CONDITION AT QUARANTINE CENTRES AND FOR PROVIDING BETTER TREATMENT TO CORONA POSITIVE  LL 2021 SC 258

Note:

• SC stayed the directions issued by Allahabad high court on may 17 for upgradation of medical facilities in the state of Uttar Pradesh on a war-scale footing.
• Stating that High Courts should avoid passing orders that are not capable of being implemented.
•  High Court should normally consider the possibility of the implementation of the directions given by it, and such directions which are incapable of being implemented should be avoided.
• The "DOCTRINE OF IMPOSSIBILITY" was equally applicable to court orders as well.
•  High Courts should normally refrain from issuing directions matters which have transnational and international ramifications, especially when such matters of national level were being considered by the top court in separate proceedings.

IMPORTANT APEX COURT UPDATES

SUBJECT:CoI,1950, CrPC,1973

TOPIC:COVIND-19

PROVISION: A.32/226 CoI,1950; S.438 CrPC,1973; Ss.3/4/5 PITA.

Q. Whether  The Apprehension Of Covid Can Be Cited As A Ground For Bail In All Cases, Regardless Of The Nature And Gravity Of The Offence ?

A. Yes. 22.05.2021 SLP against the April order of the Punjab and Haryana High Court

RELEVANT CASE LAW:

• SLP against the April order of the Punjab and Haryana High Court denying anticipatory bail to the petitioner, a hotel owner, in connection with an FIR under Sections 3 (Punishment for keeping a brothel or allowing premises to be used as a brothel), 4 (Punishment for living on the earnings of prostitution) and 5 (Procuring, inducing or taking person for the sake of prostitution) of the Immoral Traffic (Prevention) Act. (PITA)
• SC said,"Either you surrender immediately or we will direct the SSP to arrest you!", the judge told the advocate.

Note:

Allahabad High Court recently ruled that Apprehension Of Death On Account Of Reasons Like The Present Pandemic Is A Valid Ground For Grant Of Anticipatory Bail.

The HC went to the extent of saying that "the allegations may be serious against an accused but the presumption of innocence in his favour cannot be dispelled only on the basis of the allegation".

Order is now assailed by State of U.P. , and same is pending before SC.

ABHIPEDIA'S “REASONING, RESERACH & CONTRIBUTION IN DEVELOPMENT OF LAW SECTION”:

“Abhipedia, Is Humbly Of The Opinion That HC's Observation In This Matter To The Effect That “ Established Parameters For Grant Of Anticipatory Bail Like The Nature And Gravity Of Accusation, Etc Have Now Lost Significance On Account Of Present Situation Of The Country", Will Not Sustain Before Hon'ble SC, Being Not In Consonance With spirit of C.B. Judgments Of Apex Court in SUSHILA AGARWAL & GURBAX's CASE; And Is Result Of Passion & Anxiety, Bereft Of Equanimity.”

SUBJECT:CoI,1950

TOPIC:COVIND-19

PROVISION: A.32/226 CoI,1950

Q. Why Supreme Court This Week Declined The Request Of Solicitor-General Tushar Mehta Seeking Directions To All High Courts To Only Let Benches Headed Chief Justices Of The High Courts Hear Matters Related To Covid-19?

A.   BECAUSE IT WOULD HAVE DEMORALIZING EFFECT ON HIGH COURTS.

NOTE:

• The Supreme Court was hearing an appeal filed by the State of Uttar Pradesh against an order passed by the Allahabad High Court wherein the Court had noted that Entire Medical System In Smaller Cities And Villages In The State Was In The Hands Of God (RAM BHAROSE).
• The constitution of Benches is the prerogative of the Chief Justice of the concerned High Court. We will not pass an order for every High Court. This is only for your High Court. You are not appearing for Union of India.
• The Supreme Court this week STAYED THE DIRECTIONS issued by the Allahabad High Court on May 17 for UPGRADING THE MEDICAL FACILITIES IN THE STATE OF UTTAR PRADESH ON A WAR-SCALE FOOTING.
• A vacation bench comprising Justices Vineet Saran and BR Gavai stayed the order after hearing the submissions made by Solicitor General of India Tushar Mehta on behalf of the State of Uttar Pradesh.
• The Allahabad High Court, while considering a suo moto case taken to deal with COVID issues, had passed a slew of directions on May 17 in relation to
• providing ambulances with ICU facilities in all villages,
•  making oxygen beds available in all nursing homes,
•  upgradation of medical college hospitals in the state etc.,

on an urgent basis in a time-bound manner considering the COVID second wave