Bombay High Court
The Registrar Judicial High Court Of ... vs The State Of Maharashtra And Others on 8 April, 2020
Equivalent citations: AIRONLINE 2020 BOM 721
Author: Prasanna B. Varale
Bench: Prasanna B. Varale
(1) 10541.20smpil
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
SUO MOTU PUBLIC INTEREST LITIGATION
(STAMP)NO.10541 OF 2020
The Registrar (Judl.)
High Court of Bombay,
Bench at Aurangabad,
Aurangabad PETITIONER
VERSUS
The State of Maharashtra & ors. RESPONDENTS
Mr Amol Joshi, Advocate (appointed as Amicus Curiae);
Mr D.R. Kale, G.P. for respondents/State;
Mr S.G. Chapalgaonkar, Advocate for respondent No.9
CORAM : PRASANNA B. VARALE, J.
DATED : 8th APRIL, 2020
ORAL ORDER:
Heard Mr. Amol Joshi, learned Amicus Curiae.
2. By order dated 3rd April, 2020, this Court appointed Mr. Joshi, learned Counsel, as Amicus Curiae to assist the Court and he was permitted to file proper ::: Uploaded on - 09/04/2020 ::: Downloaded on - 10/04/2020 23:44:54 ::: (2) 10541.20smpil petition in this Court by 8th April, 2020. Mr. Joshi, learned Counsel filed an exhaustive petition along with various documents including the orders of the Hon'ble the Apex Court and other various High Courts.
3. In response to the notice, affidavit in reply is filed on behalf of Mr. Uday Chaudhari, District Collector, Aurangabad. Mr. Uday Chaudhari, District Collector, Aurangabad is personally present in this Court for providing necessary information and instructions to Mr.Kale, learned Government Pleader.
4. Mr. Chapalgaonkar, learned Counsel appearing for respondent No. 9 - Commissioner, Municipal Corporation, Aurangabad submitted before this Court that affidavit in reply is ready and same would be filed in this Court during the course of the day. Mr. Chapalgaonkar, learned Counsel also prays some time to file additional affidavit in reply to provide certain data and necessary information in respect of measures already initiated or ::: Uploaded on - 09/04/2020 ::: Downloaded on - 10/04/2020 23:44:54 ::: (3) 10541.20smpil proposed to be initiated by respondent No. 9 -Municipal Corporation, Aurangabad. Mr. Sudhir Choudhari, Civil Surgeon, attached to Civil Hospital, Chikalthana, Aurangabad is also personally present in this Court to provide necessary information and instructions to learned Government Pleader.
5. This Court appreciate the response from the respondent authorities in the form of presence of responsible officers of the State and the Municipal Corporation, Aurangabad considering the importance of the issue/issues taken into consideration in the present public interest litigation. This Court took cognizance of the newspaper items on three issues. Firstly, detaining of certain labours who were travelling from Pune and Ahmednagar to the State of Madhya Pradesh and these migrants were moving out from their respective work places on the backdrop of lock down declared in the country. The other issue was in respect of resistance to health workers and certain acts of preventing these ::: Uploaded on - 09/04/2020 ::: Downloaded on - 10/04/2020 23:44:54 ::: (4) 10541.20smpil health workers from performing their duties. The third issue was in respect of a message is being circulated on social media platform.
6. Mr. Amol Joshi, learned Amicus Curiae invited my attention to the observations of the Hon'ble the Apex Court in the order dated 31st March, 2020 in the matter of Alakh Alok Srivastava vs Union of India in Writ Petition (Civil) No.468 of 2020. It may be useful for our purposes to refer to these observations, which read thus :
" The anxiety and fear of the migrants should be understood by the Police and other authorities. As directed by the Union of India, they should deal with the migrants in a humane manner. Considering the situation, we are of the opinion that the State Government/Union Territories should endeavour to engage volunteers along with the police to supervise the welfare activities of the migrants. We expect those concerned to appreciate the trepidation of the poor men, women and children and treat them with kindness."
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7. It is the submission of Mr. Amol Joshi, learned Amicus Curiae that the similar anxiety was expressed by this Court while taking cognizance of the news item referring to detaining of migrant labours and it is expected of the State authorities and other respondents to consider this aspect.
8. Mr. Kale, learned G.P. submitted before this Court that the State Government is considering the situation emergent due to outbreak of Covid-19 pandemic and more particularly, difficulties being faced by migrant labours.
9. My attention was invited to the Government Resolution dated 29th March, 2020. Copy of the said resolution is placed at annexure-M of the petition.
Perusal of the resolution would show that the State
Government thought it fit to deal with the issue by
establishing the three level committees, one District
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Level Control Committee under the Chairmanship of the District Collector, for the urban areas, the Corporation Control Committee to be established under the Chairmanship of Commissioner, Municipal Corporation and then there is State Level Committee under the Chairmanship of Chief Secretary assisted by five members and Member Secretary of the Committee. The District Level Committee and Corporation Level Committee are to act under the guidance and directions of the State Level Committee.
10. It may not be necessary to refer to the various aspects to be looked after by these committees and it would sufficient to refer to the particular clauses dealing with the issue of providing food and shelter to migrant labours. Now, these special clauses are iii, iv, v, vi, vii, ix and x of clause-6, which read thus :
"(iii) ;k ;knhP;k vk/kkjkoj rkyqdkfugk; vkf.k Hkkxfugk; ykx.kkjh vUu/kkU;kph vko";drk o miyC/krk fuf"pr dj.ks-::: Uploaded on - 09/04/2020 ::: Downloaded on - 10/04/2020 23:44:54 :::
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(iv) lnj dkes ikj ikM.;klkBh {ks=h; Lrjkoj dke dj.kk&;k Lo;alsoh laLFkk] [kktxh
laLFkk] /kekZnk; laLFkk] rlsp CSR e/kwu enr miyC/k d#u ns.kk&;k laLFkk] nku"kwj
O;Drh ;kaph ;knh r;kj dj.ks-
(v) mijksDr Lo;alsoh laLFkk] ][kktxh laLFkk] /kekZnk; laLFkk] lgdkjh laLFkk] rlsp
CSR e/kwu fu/kh miyC/k d#u ns.kkjh laLFkk] nku"kwj O;Drh ;kauk vUu/kkU; o fu/kh Lo#ikr enr dj.;kckcr tkghj vkokgu dj.ks-
(vi) f"ktoysys @ f"kto.;klkBh r;kj vlysy vUu forjhr dj.;klkBh ;a=.kk dk;kZfUor dj.ks-
(vii) LFkkfud ikrGhoj vUu/kkU; Lo#ikr feGkysyh enr] ekx.kh izek.ks fdrh yksdkalkBh iqjs'kgh vlsy ;kph fuf"prh dj.ks-
(ix) egkuxjikfydk {ks=klkBh @ ftYgk Lrjkoj dkedkt ikj ikM.;klkBh vko";drsuqlkj ,d fdaok vf/kd uksMy vf/kdkjh vkiY;k {ks=krhy Lo;alsoh laLFkk] /kekZnk;
laLFkk] nku"kwj O;Drh ;kaps"kh leUo; lk/kwu vUu/kkU; Lo#ikr enr izkIr djrhy-
(x) dksjksuk fo'kk.kqpk izknqHkkZo gksÅ u;s ;klkBh Social Distancing Protocol ikG.ks vko";d vlY;k dkj.kkus] rlsp vuko";d xnhZ VkG.;klkBh egkuxjikfydk {ks+=kr dkedktkps lafu;a=.k dj.;klkBh okWMZ Lrjkoj ,d fdaok ,dk is{kk vf/kd uksMy vf/kdkjh ;kaph use.kwd dj.ks vkf.k uksMy vf/kdkjh ;kaph ekfgrh "kklukyk miyC/k d#u ns.ks- ¼ifjf"k'B&ƒ½-"
11. Then under clause-7, the responsibility of effective implementation of these modalities is fixed on District Collector and the Commissioner of Municipal Corporation and the relevant provisions are sub-clause- (A)(i) and (iii) thereof, which read thus :
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"(i) ykWdMkmueqGs cgqrka"k yksdkaph jkg.;kph] [kk.;kph o vkjksX;kph vlqfo/kk fuekZ.k >kysyh
vkgs- v"kk yksdkauk vUukph lqfo/kk miyC/k dj.;kcjkscjp R;kaph rkIiqjrh jkg.;kph lqfo/kk lq/nk miyC/k d#u ns.ks vko";d >kys vkgs- ;kLro dsanz "kklukus R;kaps vkns"k dzekad &33&04&2020&NDM&ƒ] fn- ekpZ 2020 vUo;s] jkT; vkiRrh izfrlkn fu/kh (SDRF) fud'kk lanHkkZr COVID-19 Virus Outbreak lanHkkZr lq/kkjhr lwpuk o R;k vuq'kaxkus "kklukus fnukad 28 ekpZ] 2020 jksth "kklu fu.kZ; fuxZfer dsyk vkgs- R;kuqlkj ;k fu/khe/kwu cs?kj] rlsp foLFkkfir >kysys vkf.k ykWdMkmu eqGs vMdysY;k O;DrhalkBh enr Nko.;k Lfkkfir dj.ks vkf.k vUu] ik.kh oL= o oS|dh; ns[kHkky] LoPNrkx`gs bR;knh vR;ko";d lqfo/kk R;kauk miyC/k d#u ns.;kl vuqerh ns.;kr vkyh vkgs- lcc loZ egkuxjikfydk vk;qDr o ftYgkf/kdkjh ;kauh R;kaps Lrjkoj rkrMhus "fuokjkx`g" LFkkfir djkohr- ;klkBh LFkkfud ikrGhoj "kkGk] egkfo|ky;s] lekteafnj] eaxy dk;kZy; o brj fuokl ;ksX; bekjrh @ gkWy v"kh rh fBdk.ks fuoMwu izk/kkU;kus ftYg;kP;k eq[;ky;h o vko"kdrsuqlkj brj loZ fBdk.kh LFkkfud ikrGhoj fo'ks"kr% vkS|kfxd olkgrhuthd fuokjkx`g rkRiqjR;k jkg.;kph lks; djkoh-
(iii) yksdkauk v"kkizdkjP;k lks;h egkuxjikfydk @ ftYgkLrjkoj fdaok LFkkfud ikrGhoj miyC/k vkgsr gs ekghr gks.;klkBh LFkkfud izlkj ek/;ekrqu izfl/nh n;koh-"
12. Mr. Chapalgaonkar, learned Counsel for respondent No. 9 submitted that in view of G.R. dated 29th March, 2020, the Commissioner, Municipal Corporation, Aurangabad immediately constituted committee and nodal officer is also appointed. It is also submitted by Mr. Chapalgaonkar, learned Counsel that for considering aspect of providing shelter to migrant labours, a separate nodal officer is appointed to look after the provisions of shelter homes.
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13. Mr. Kale, learned Government Pleader submitted before this Court that it was reported to the District Collector through Municipal authorities that certain migrant labours were located and as lock down was operational, the police authorities, as precautionary measure, shifted them in a municipal corporation school. It was brought to the notice of the Collector through municipal authorities that some of the labours became violent, as such, to avoid any untoward incident and to restrain possible spread of virus, in case, any of the labour is a sufferer, the municipal authorities closed down the gate of the school and this act was only an act of bona fide intention.
14. Mr. Kale, learned G.P. then invited my attention to the statement made in the affidavit in reply filed by Mr. Uday Chaudhari, District Collector, Aurangabad and this statement find place in paragraph-21 of the reply and same reads thus :
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( 10 ) 10541.20smpil " Subsequently upon the Directions of the Deponent all the 43 migrants/labours who were
initially lodged by the Municipal Authorities in the Shelter Camp at Garkheda have been shifted in the Shelter Camp, arranged by the District Administration in the Campus of the Polytechnic College of Shiva Trust at Village Nipani, Tq. Aurangabad. Proper food, water supply, Milk for Small Children, sanitation, medical facilities has been provided to all the migrants, who are lodged in the said shelter camp prepared by the District Administration as per the directions of the deponent. As such, as on date all the migrants lodged in the shelter camps in Aurangabad city (including the Migrants referred in the news item) and in the Aurangabad District has been provided with the adequate food, drinking water supply, Milk for Small Children, proper sanitation, entertainment facilities, spiritual and intellectual training sessions are also conducted by the respondents in the shelter camps as per the directives issued by the Hon'ble Supreme Court and the Government of India and the State Government. The Photographs of the Nipani Shelter Camp are annexed herewith and are marked as Exhibit-R-16."
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15. Mr. Kale, learned G.P. then invited my attention to the photographs placed on record to submit that all precautionary measures are taken by the District Administration to provide food to these migrant labours and care is also taken to maintain the safe distance between these labours. It is also stated that as per directives issued by the Hon'ble the Apex Court, the deponent vide letter dated 2nd April, 2020 has directed all Sub Divisional Officers and the Tahsildars functioning in the District to supervise, coordinate and monitor the smooth functioning of the shelter homes established in the District for the migrants and displaced labours and to maintain a proper relief camp register in respect of all the shelter homes and to initiate the cause of action as referred to in paragraph- 23 of the affidavit in reply. Then there is a statement in respect of establishment of shelter homes or camps in paragraph-24, which reads thus :
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( 12 ) 10541.20smpil "24. I say and submit that, as on 06.04.2020 total 43 camps/shelter homes are established in Aurangabad District including the Municipal Corporation limits having the maximum capacity of 14093 persons and as on 06.04.2020 around 9467 persons/labourers/migrants are being lodged in the said 43 camps/shelter homes in Aurangabad District. Proper food, Milk for Small Children, drinking water facility, medical treatment, sanitation, entertainment and communication facilities, spiritual and intellectual training, counselling, affectionate treatment to all the labourers/migrants/shelterless persons is being provided by the District Level committee and the deponent. The copy of the statement in respect of the establishment of the shelter homes/community canteens in the District as on 06.04.2020 along with the photographs of the Shelter camps and the facilities provided in the Shelter camps are annexed herewith and marked as Exhibit-19 collectively."
16. Mr. Kale, learned G.P. submitted before this Court that medical examination of these migrant labours is conducted on periodical basis and residential Doctors ::: Uploaded on - 09/04/2020 ::: Downloaded on - 10/04/2020 23:44:54 ::: ( 13 ) 10541.20smpil deputed for this specific purpose are looking after the health care of these migrant labours.
17. Mr. Uday Chaudhari, the District Collector, Aurangabad, who is personally present in the Court, through Mr. Kale, learned Government Pleader, submitted before this Court that with the assistance and co-operation of the Corporation authorities and also from the N.G.Os. and voluntary organizations, like, Escon, Anna Amrut and Aurangabad-First, various steps are being initiated for providing food in the camps or shelter home. It is also submitted that ready food/prepared food is being supplied not only to these migrant labours who are in the camps or shelter homes but even to other houseless or needy persons. It is also submitted before this Court that all precautionary measures in respect of necessary staff attached to these camps and shelter homes are taken, such as, by providing mask and sanitization etc. It is also submitted before this Court that quality and hygiene is maintained by way of periodical and ::: Uploaded on - 09/04/2020 ::: Downloaded on - 10/04/2020 23:44:54 ::: ( 14 ) 10541.20smpil surprise checks/inspections by the officials under Food and Drugs Administration. It is also submitted before this Court that helplines are installed at National level and State level for providing all the necessary information, as also portal is operational in the name, "emergency-need-.com."
18. Insofar as the issue in respect of resistance to the health workers is concerned, Mr. Chapalgaonkar, learned Counsel for respondent No. 9 submitted before this Court that in view of suggestion of this Court as reflected in paragraph-13 of the order dated 3rd April, 2020, appeals were made through respectable persons in the society as well as independent bodies, organizations, who have earned reputation by their valuable contribution to the society and also by elected representatives of people, namely, M.L.As. and M.P. Mr. Chapalgaonkar, learned Counsel further submitted that appeals made by the respected persons and representatives of people made positive change in the situation and now, health workers ::: Uploaded on - 09/04/2020 ::: Downloaded on - 10/04/2020 23:44:54 ::: ( 15 ) 10541.20smpil are not facing opposition from the residents.
19. Insofar as aspect of the proper care and measures to be provided to the health workers is concerned, it is stated in the affidavit in reply in paragraph-27 that Purchase Committee of the State of Maharashtra, in its meeting dated 1st April, 2020, has accorded sanction to the purchase of 3000 personal protection kits and 50,000 hydroxychloroquine 400 mg. tablets. It is also submitted before this Court by Mr. Kale, learned G.P., on instructions provided through Mr. that Mr. Sudhir Kulkarni, Civil Surgeon, Aurangabad, who is present in the Court that all the health workers are now equipped with personal protection kits and there are as many as 919 kits available in balance on need base.
20 Insofar as third issue as referred to in the order dated 3rd April, 2020 in respect of a message is being circulated on social media platform is concerned, ::: Uploaded on - 09/04/2020 ::: Downloaded on - 10/04/2020 23:44:54 ::: ( 16 ) 10541.20smpil Mr. Chapalgaonkar, learned Counsel for respondent No.9 made a categorical statement before this Court that no element of truth was found in the message.
21. In view of above referred submissions, it can be said that the respondents-authorities are taking appropriate steps and measures to deal with the situation and also addressing the issues raised in the petition. There are certain areas wherein this Court excepts the respondents-authorities to take further steps. It is submitted before this Court that helpline and portal is established and though there is one helpline established by the State, in my opinion, State Government can consider establishment of dedicated helpline concentrating on the health issue. The State Government is also expected to provide wide publicity to helpline already established and portal through various means, such as, radio channels including private F.M. radio channels and T.V. channels including local T.V. channels. ::: Uploaded on - 09/04/2020 ::: Downloaded on - 10/04/2020 23:44:54 :::
( 17 ) 10541.20smpil
22. At this stage, this Court may state that certain appreciable efforts are made by the radio comparers or radio jockies of F.M. channels to bring awareness in the public general and also remind public general time and again to take precautionary measures, such as, washing hands periodically, maintaining safe distance.
23. The State Government and Corporation may also consider the aspect of providing a link between needy person or organization willing to extend help and assistance to the needy person and the needy persons. This assistance may be in the form of medicines or medical service or in the form of providing essential commodities i.e. food grain, farm food etc.
24. The District Administration may also consider to establish link between the farmers, who provides the farm food, like vegetables on daily basis to consumers. If certain centres are initiated or installed in various areas to cater the need of medicine, essential ::: Uploaded on - 09/04/2020 ::: Downloaded on - 10/04/2020 23:44:54 ::: ( 18 ) 10541.20smpil commodities and other services and if wide publicity is given to such centres and some steps are taken to provide commodities and medicines to the needy and consumer to avoid gathering, such an exercise may help the majority citizens.
25. On one hand, Central Government and respective Sate Governments as well as Corporations are issuing various notifications and guidelines so as to avoid gathering/congregation of people and appeals are being made for maintaining safe distance and to maintain social and criminal harmony and on the other hand, there are instances reported in the newspapers as well as T.V. channels that some citizens are committing breach of these directions and guidelines very casually and some citizens indulge in an act of disturbance to social and communal harmony. In such situation, in my opinion, this is right time to remind ourselves the fundamental duties of the citizen. Oftenly, the citizens show serious concern about fundamental rights of a citizen but then ::: Uploaded on - 09/04/2020 ::: Downloaded on - 10/04/2020 23:44:54 ::: ( 19 ) 10541.20smpil forget the fundamental duties.
26. It may not be out of place to state here that Article 51-A of the Constitution of India refers to the fundamental duties and on the backdrop of this unforeseen situation of outbreak of Covid-19 pandemic, it would be useful for our purposes to refer to one of the very important fundamental duty, which reads thus :
"51-A (e) To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women."
27. In this difficult time, we may remind ourselves that it is a fundamental duty of a citizen to promote harmony and spirit of common brotherhood amongst all the people of India and probably, this is a immediate need of the time. We as a resident/citizen must remind ourselves ::: Uploaded on - 09/04/2020 ::: Downloaded on - 10/04/2020 23:44:54 ::: ( 20 ) 10541.20smpil fundamental duties and more particularly, the duty to promote harmony and spirit of common brotherhood as one of the fundamental duties under Article 51-A of the Constitution of India.
28. It may not be out of place to refer to the observations of the Hon'ble the Apex Court in the matter of Union of India vs Moolchand Kharaiti Ram Trust , reported in (2018) 8 SCC 321, made in paragraph-68 which read thus :
"68. ......It is also one of the fundamental duties enshrined in Article 51-A
(h) to develop the scientific temper, humanism and spirit of inquiry and reform."....... (emphasis supplied)
29. Thus, while this Court expects the effective measures from the respondent State authorities and Corporation authorities, this Court also expects that ::: Uploaded on - 09/04/2020 ::: Downloaded on - 10/04/2020 23:44:54 ::: ( 21 ) 10541.20smpil citizens would remind themselves fundamental duties and would discharge these fundamental duties to deal with the outbreak of Covid-19 pandemic.
30. Stand over to 15th April, 2020 for further consideration.
[PRASANNA B. VARALE,J.] Tupe ::: Uploaded on - 09/04/2020 ::: Downloaded on - 10/04/2020 23:44:54 :::