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2021 (8) TMI 1128 - SC - Indian LawsInhuman condition of quarantine centres and for providing better treatment to corona positive - HELD THAT:- It is a normal practice, which is also desirable, that such matters of public importance are dealt with by the Bench presided over by the Chief Justice, but since the constitution of Benches is the prerogative of the Chief Justice, it would be for the Chief Justice of the High Court to consider such aspect and pass appropriate orders. Further while again appreciating the efforts of the judges of the High Court in looking to the matter in depth while passing orders, we are of the opinion that the 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, would be equally applicable to Court orders as well. Considering the totality of the facts and circumstances, the impugned order dated 17.05.2021 is stayed. However, we make it clear that further proceedings before the High Court are not being stayed - this matter be now listed on 14.07.2021.
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