"We expect the Court to act more responsibly in future": Supreme Court pulls up Allahabad High Court

The Supreme Court recently criticised the Allahabad High Court for passing an interim order in a case concerning a food distribution scheme for lactating mothers and young children, even after the same matter was taken up by the top court [State of Uttar Pradesh and Ors v. Pratyush Rawat and ors]..A Bench of Justice Dipankar Datta and Justice Manmohan added that it expected the High Court to behave more responsibly in future. "In our view, the learned Additional Solicitor General is right in her contention that the High Court has proceeded in a manner bordering on an attempt to overreach this Court. The course of action adopted by the High Court, we are afraid, was certainly neither warranted nor desirable on facts and in the circumstances ... Ideally, the High Court ought to have awaited further orders, since this Court was seized of the proceedings, instead of giving further interim directions as to how the appellants ought to act in the interregnum ... We would, thus, expect the High Court to act more responsibly in future," the Court said..We would expect the High Court to act more responsibly in future.Supreme Court.The top court also set aside a "wholly unreasoned" November 11, 2024 interim order passed by the High Court which had "abruptly" stalled a food supply scheme for lactating mothers and young children..By the November order, the Allahabad High Court had restrained the Uttar Pradesh government from supplying food under the Integrated Child Development Services (ICDS) Scheme for lactating mothers and young children, while a petition questioning a tender process remained pending.This was challenged by the Uttar Pradesh government before the Supreme Court. On December 19, 2024, the top court found that the November 11 order was unreasoned and stayed its operation. "Supply of food items to be used by lactating mothers and young children ought not be stalled without reason," the top court observed, at the time. .However, a day later, on December 20, the High Court again took up the issue and passed another interim order to modify its November 11 directives, in light of the Supreme Court's observations in the December 19 order. The modified High Court order allowed the food supply scheme to continue for the third and fourth quarters of 2024-25..On February 17, 2025 (Monday) the Supreme Court expressed surprise that the High Court issued such a further order despite the December 19 stay order.The top court proceeded to set aside all interim orders issued by the High Court in this case, adding that the High Court's November 11 restraining order lacked any reasons."The impugned interim order (contained in paragraph 5) being wholly unreasoned and having been abruptly passed more than three years after institution of the Public Interest Litigation, the same is liable to be and is, accordingly, set aside. All other interim directions passed in the Public Interest Litigation stand set aside," the Court said..It also noted that the High Court has now reserved its verdict on the public interest litigation (PIL) case concerning the food distribution tender under challenge. The top court said that the High Court may decide on the matter in accordance with the law. It further ordered the Uttar Pradesh government to continue the food distribution scheme while ensuring quality control until then."We make it clear that the appellants shall be entitled to implement the subject Scheme for supply of food items maintaining the requisite quality, to be used by lactating mothers and young children, till final disposal of the Public Interest Litigation," the top court said. .Additional Solicitor General Aishwarya Bhati and Advocates Yasharth Kant, Poornima Singh, Suryaansh Kishan Razdan and Sonal Kushwah represented the Uttar Pradesh government.Advocates Abhinav Shrivastava, Shivang Rawat and RP Singh represented the respondents. .[Read Order]