The Supreme Court has reprimanded the Allahabad High Court for passing an interim order on a matter related to a food distribution scheme for lactating mothers and young children, even after the case was taken up by the Apex Court.
Agreeing with the Additional Solicitor General that the High Court proceeded in a manner bordering on an attempt to overreach this Court, the Bench of Justice Dipankar Datta and Justice Manmohan observed that it expected the High Court to behave more responsibly in future.
The course of action adopted by the High Court was certainly neither warranted nor desirable on facts and in the circumstances. Instead of delivering an interim order, the High Court should have waited for further orders from the Apex Court, since the latter was seized of the proceedings, noted the Apex Court.
Setting aside the interim directions issued in November last year, the Bench said that if the High Court acted in such a manner, how could the appellants be expected to act in the interregnum.
On November 11, 2024, the High Court issued interim directions, restraining the Uttar Pradesh government from supplying food under the Integrated Child Development Services (ICDS) Scheme for lactating mothers and young children.
The High Court passed the interim order, despite a pending petition questioning the tender process.
The Uttar Pradesh government challenged this verdict in the Supreme Court.
On December 19, 2024, the Apex Court stayed the High Court order on the grounds that it was completely unreasonable.
The top court of the country noted in its December order that the supply of food items to be used by lactating mothers and young children ought not be stalled without reason.
On December 20, 2024, the High Court again took up the matter and passed another interim order modifying its November 11 directives, in light of the Supreme Court’s observations in the December 19 order. The modified High Court verdict allowed the food supply scheme to continue for the third and fourth quarters of 2024-25.
On February 17, the top court of the country expressed surprise over the High Court issuing a further order despite the December 19 stay order passed by the Apex Court.
The Bench set aside all interim orders issued by the High Court in the case on the grounds that the November 11, 2024 verdict lacked reasons.
Terming paragraph 5 of the interim order as wholly unreasoned, which was abruptly passed more than three years after the institution of the PIL, the Apex Court said the High Court verdict was liable to be set aside.
The Bench further set aside all other interim directions passed in the PIL.
Noting that the High Court has currently reserved its verdict on the PIL concerning the food distribution tender under challenge, the top court of the country directed the High Court to decide on the matter in accordance with the law.
It further directed the Uttar Pradesh government to implement the scheme for the supply of food items for lactating mothers and young children, maintaining the requisite quality, till final disposal of the PIL.
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