B.V.Acharya, Senior Advocates and former Advocate General for Karnataka.
Recently, the Supreme Court termed the Madras High Court’s “murder charge” remarks against the Election Commission as “harsh” and the “metaphor inappropriate” as it walked a tightrope between praising the role of High Courts during the pandemic and advising judges against making off-the-cuff remarks during hearings.
Some of the High courts including Karnataka High Court have been unduly harsh and critical of the Governments’actions in dealing with COVID-19 crisis. In a global problem of this magnitude there are bound to be mistakes,omissions &errors of judgment. However that doesn’t clothe High Courts with power to castigate governments day in and out without justification. PILs are misused for the purpose by vested interests. Virtually court are trespassing into executive domain. Separation of powers is also basic structure of the constitution. Courts will do well to confine themselves to their jurisdiction in these difficult times. However, the failure of the Supreme Court to expunge the comments of the Madras High Court, though oral, seems to have encouraged High Courts to comment on government function even more aggressively.
The Supreme Court’s conduct in exercising restraint is laudable. Hope High Courts all follow suit.
Daksha Legal 
I am inclined to agree with opinion of Shri BVA .though HC is clothed with power , under 226 yet it shd be sparingly used , retired IAS officers and scientists or doctors can do a better assessment rather than Retd judges , if a case requires intervention . In cases of allocations of necessary medical remedial measures involving state and centre , which is based on production and manufacture and supplies pan India ; if different high courts and Supreme Court issue directions ; it becomes extremely difficult to obey or comply . Entertaining PILs frequently and freely will encourage people to file cases to settle scores ; not that courts are blind to such PILs but it will be overburdened with un wanted litigations. Time consuming litigations on account of interference in all executive action will not augur well for dispensation of justice. Regards
LikeLike
Yes I fully agree with the view expressed by the Ld Senior Advocate
LikeLike
I fully endorse the views of the senior councils. In the present scenario the requirements are more and availability is less. The Government either central or state are to manage with available quantities. The courts instead of passing harsh and unfair remarks they should suggest suitable remedial measures.
LikeLike
I also endorse the opinion expressed by Senior Council Sri. B V Acharya with regards to intervention of the Judiciary in Vax policy . In addition to the above mentioned the opposition and all the other parties should unanimously cooperate with the ruling party in resolving the issues involved as the DMK is support ed by the other parties of Tamilnadu Government .
LikeLike
Yes..Senr Ad BVA is correct in expressing.his view.I fully endorse…
VSPrasad..Adv Nlore
LikeLike
Yes, I fully endorse the views of Sri B. V. Acharys. By passing loose comments, the judiciary is lowering its own dignity. In fact, courts seem to have not only usurped the powers of Executive /Legislative wing of Democracy, but of the Opposition parties too.
LikeLike
Hello sir,This is Varun Joshi, Advocate practising
LikeLike