High Court (India)

July 23, 2019

Supreme Court Sets Aside Orissa HC Telemedicine Order

[ By Titus Manickam Rock ]


The Supreme Court Bench of Justices D.Y. Chandrachud and Aniruddha Bose recently set aside an order of the Orissa High Court restraining the State from reviewing its policy on telemedicine. The Supreme Court ruled that it amounted to interference in an exercise which was purely in the executive domain.

The Supreme Court was of the view that the High Court had no valid justification to restrain the State on an issue that was purely within its domain. Further, the HC also had no justification in getting a former judge of the court to verify the process on the State’s policy on telemedicine.

The High Court had asked the State to file an affidavit giving details of the steps taken by the government on selection of entrepreneurs, information on loans sanctioned and disbursed, etc. The State had complied but also recorded its grievance in the absence of adequate data on all the benefits provided to the entrepreneurs. The State had also asked for the process of selection of the entrepreneurs to continue transparently. Despite these steps by the State government, the HC stayed the implementation of the telemedicine policy.

The State argued before the Supreme Court that the High Court had intruded its area of policy formulation. Finding merit in the State’s argument, the Supreme Court ruled in its favour. The Apex Court also directed the HC to conclude the case within three months.

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