Andhra Pradesh High Court - Amravati
In Re. Corona Virus Covid19 Pandemic vs State Of Andhra Pradesh on 26 March, 2020
Author: J.K. Maheshwari
Bench: J K Maheshwari, M.Satyanarayana Murthy
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECTAL ORTGTNAL JURTSDTCTTON)
THURSDAY, THE TWENTY SIXTH DAY OF MARCH, TWO THOUSAND AND TWENTY
:PRESENT:
THE HONOURABE THE CHIEF JUSTICE SRI JITENDRA KUMAR MAHESHWARI
AND
THE HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY
TAKEN UP WRIT PETITION No. 8130 OF 2020
ln Re. Corona Virus -COVID-19 PANDEMIC
Versus
l.State of Andhra Pradesh, rep. by its Chief Secretary, State of Andhra Pradesh,
Secretariat, Velagapudi, Guntur District.
2.Union of lndia, rep. by its Secretary, Home Affairs, New Dethi.
. . Respondents.
The petition coming on for hearing, upon perusing the oral order fited in
support thereof and upon hearing the arguments of SRI C. Suman, Special Government
Pleader for Advocate General on behalf of respondents, the Court made the fottowing
ORDER :.
HIGH COURT OF ANDHRA PRADESH: AMARAVATI
CHIEF JUSTICE J.K. MAHESHWARI
&
.IT]STICE M. SATYANARAYANA MURT
6l5e
TAKEN T]P WRIT PETITION SR. No 1r 08 o 020
In Re. Corona Virus - COVID-19 PANDEMIC
Versus
l. ofAndhra Pradesh, rep. by its ChiefSecretary
State
2. Union of India, rep. by its Secretary, Home Affairs and others
Respondents.
Counsel for the respondents : Special Govemment Pleader
for Advocate General
ORAL ORDER
Dt:26.03.2020 Per J.K. Maheshwari, CJ In view of the epidemic crisis on account of Corona Virus COVID-19 and to take preventive ineasures, for the purpose of limited functioning of the High Court as well as the Subordinate Courts, directions were issued on \6.03.2020, 24.03.2020 and 26.03.2020. In view of the Hon'ble Prime Minister's call declaring lock-down lor 2l days from the midnight of 24.03.2021), the directions issued by the Ministry of Human Resources dated 24.03.2020 and also the order passed in Suo Motu Writ Petition (C) No.1 of 2020 by Hon'ble the Supleme Court on 23.03.2020, in addition to the various contingencies which have been reponed to the Registry ofthis Court through the Registrar (Judicial), regarding the access to the boundaries of the State of Andhra Pradesh by various permanent residents of this State on account of their release by the Telangana State, with no-objections, problems faced by the Doctors working in Primary Health Centres and to review the functioning of the Coun, this Courl deems it appropriate to take this matter as pro bono publico r.vith intent to avoid unnecessary complications. This Court is also of the vierv that health of a citizen is u,ithin the purview of Article 21 (Right to Live) guaranteed to a citizen to live in healthy atmosphere. Further, the different problems which are being complained to the Registry of this Court to take up various cases for hearing, the cognizance has been taken.
2. It is to be noted here that previously, regarding functioning of the High Court and subordinate Coufis, notifications were issued on 16.03.2020, 24.03.2020 and 26.03.2020 with exhaustive directions. Thereafter, it was brought to the notice by the Registrar (Judicial) that number of persons who have been left by the Telangana State, by cefiification to go home, are stranding on the lirnits of the boundaries olthe State of Andhra Pradesh, but the) are not being allowed to enter into, however, mass gathering is there.
In rebuttal to the same, as per the instructions, Sri C.Sumon, Govemment Pleader, representing the learned Advocate General, states that (44) persons who agreed to go quarantine have been permitted to undergo observation and the remaining persons have been sent back to the Telangana State. It is a fact that the said persons were retumed to the State of Andhra Pradesh because they are natives/residents ol the State of Andhra Pradesh and their families are here. It has also been reported that some t-emales along with children and pregnant women were stopped for a long time; however, the said issue is also related to the health of the citizens and necessary for preventive nleasure of transmitting pandemic Corona Virus COVID- I 9.
3. It is lurther brought to the notice ofthe Registrar (Judicial) that at several places, under the orders of the Revenue Divisional Officers, the authorities of Revenue or Municipalities and Panchayat are reaching on the spot for demolition,, dispossession/eviction; however, insisting to hear those cases. It has also been brought to the notice that in number ofcases, the bank authorities are going to auction the premises during this period in view of the provisions of the Securitisation and Reconstruction of Financial Assets and Enfbrcement of Security Interest Act, 2002; however, insistence is made to take up these matters. It has also been informed by number of Advocates that u'ithout calling fbr tenders, entrustment of work by nomination is being made on the lapse of the period ol lease. It has also been brought to the notice that in the matters in which interim orders were passed by the High Coun and subordinate Courts and Tribunals, stay has been granted for a limited period, however, extension of stay has further been sought for.
4. Sirnultaneously, in view of the order passed by Hon'ble the Supreme Court on 23.03.2020 in Suo Motu Writ Petition (C) No.1 of 2020, measures are required to be taken with respect to the prisoners who are in jail in view of the resolution of the Committee so formulated by the Supreme Court. It is reponed that, todal', i.e. on26.03.2020, in the proceedings in the presence of the Executive Chairman, State Legal Services Authority, Executive Chairman, High Court Legal Services Committee, Principal Secretary, Horne and Director General of Prisons, ceftain recommendations have been made, u,hich are as under:
1"At the very outset, before getting more details regarding number of prisoners in difFerent prisons in the State, in compliance with the orders of the Hon'ble Supreme Court, the Committee has resolved, firstly, to give a proposal to the Hon'ble Chief Justice for constituting a bench for issuance of general direction to all the lail Superintendents regarding release of prisoners provisionally for a period of four(4) weeks on bail to those prisoners who are either convict or under trial for offences in which maximum sentence prescribed is not more than seven (7) years. However, this beneflt can be given to only those under tria ls/prisoners who are not accused ln more than one case and also are not accused in cases relating to oFfence under Section 376 IPC or offences under the POCSO Act.
Regarding inmates of juvenile remand homes, information was furnished by the Director, Social Welfare, Ms.Krithika Shukla, that considering the limited number of such inmates and available space, social distancing can be maintained in the remand homes itself. In view of such information furnished by the Government, the Committee presently resolved not to issue any direction in this line.
In view of the guidelines of Hon'ble Supreme Cout in fnhuman Conditions in 7382 v, State ofAssam {(2016) 3 SCC 700}, and Arnesh Kumar v. State of Bihar {(2014) 8 SCC 273}, on collecting detailed information regarding number of prisoners kept ln different jails and availability of proper space, the Committee may, after collecting such intormation, sit for further decision after two (2) days.
It is further clarified that after being released on provisional bail, the said prisoners/under trials will ensure to remain in quarantine for fourteen (14) days. This privilege for grant of provisional bail may not be applicable to the prisoner/undertrials, who are diagnosed with autoimmune diseases, which can be clarified by the respective medical officers of the jails."
5 It has been brought to the notice that necessary essential facilities are not available to the citizens in the State of Andhra Pradesh providing food, j treatment to poor and other facilities. Considering all these aspects, in the present situation of lock-down in which citizens are not permitted to move and approach the Court, however, we deem it appropriate to issue the following d irections as an interim measure:
(i). .{ll the cases in which interim orders were passed by the High Court, District Courts, Civil Courts, Family Courts, Labour Coufts, Industrial and other Tribunals, functioning in the State of Andhra Pradesh, over which the High Court has the power of superintendence and the stay has expired two weeks prior or are due to expire within a period of one month,, shall continue to operate for a further period of one month from today. It is made clear here that interim orders which are having a limited duration shall continue to operate until further orders;
(ii). In criminal matters where bail/suspension has been granted by the Coufi either anticipatory or regular for a limited period, which are likely to expire within one month from today, shall be automatically extended for a further period of one month from today;
(iii). In the matters in which demolition, dispossession, eviction, auction is in question, in those cases, if limited stay is granted, it be treated to be extended for one month or otherwise, the instrumentalities shall not proceed for the above until one month from today;
(iv). In the matters of tenders, if they have not been finalized, they shall not be given effect to for a period of one month and the process may be made after expiry of the lock-down period.
(v). As this Court feels that the citizens are not in a position to reach the Court on account of lock-down of the boundaries and surveillance by the Police, however, for redressal of their grievance, we have been developing a uRL, which shall be notified by Registrar General. Publishing URL in the official website of the High Couft for e-filing to Advocates is only with 6 regard to genuine grievances. They may submit their petitions by way of e-mail, viz., re&[email protected] on the same lines till then.
On submission of the petitions, the Govemment may submit their objections and they shall be considered for the purpose ofinterim relief by the High Court through the Benches constituted by the Chief Justice, by way of Video Conference and if necessary opportunity of personal hearing may be offered on demand. Otherwise, interim relief may be considered on the facts and circumstances of the case;
(vi). The State Government is directed to ensure and provide all necessary equipment like N-95 masks, sterile medical gloves, starch apparels, personal protection equipment and ail other necessary things to the Doctors in the dispensaries and other Paramedical staff, thereby they may be in a position to provide medical aid to the citizens;
(vii). The issue regarding entry on boundaries ofthe State ofAndhra Pradesh is concerned, it is directed that no mass gathering shall be allowed by the authorities of both the States. The officers of both the States shall follow National Protocol or otherwise looking to the peculiar situation in which the citizens of the State ofAndhra Pradesh have been left over by the Telangana State, to go to their homes, taking due steps for quarantine process, by staying at their homes through such undertaking, on necessary tests, the National Protocol shall be observed by them. In any case, care of females with children and pregnant women must be undertaken by the authorities with humanity; however, officers of both the States shall observe National Protocol applying exceptional circumstances rvith due care.
(viii). As per the resolution of the committee formulated by the Supreme Court, dated 26.03.2020, it is directed that the convicts or under-trial offenders for the offences to which maximum sentence prescribed is not more than (7) years, may be released on interim bail on fumishing adequate bail bonds if they are not second offenders and also not offenders under Section 376 ofIPC and POCSO Act, for a period of one month. For the purpose of bail bond, it is however directed that the Principal District and Sessions Judge shall assign the Judicial Magistrate to reach the District Jails on being asked by the Superintendent ofthe Central Jail of his area, for fumishing/accepting adequate bail bonds to the satisfaction of the Magistrate, for their release to a limited period. The undertaking shall be taken from them for having quarantine for 14 days at their home under the surveillance ofthe Doctor with the help of the Police.
(ix). Violation of conditions would entail cancellation of the interim bail/suspension and such persons who violate the conditions may be taken to custody immediately;
(x). As stated by the Director ol Social Welfare, Ms.Ituitika Shukla, that limited number of inmates are in the remand homes, however, due care and caution be taken for social distancing to those children in the remand homes. The said social distancing must be maintained in the CCIs., and SAAs., in the State.
(xi). In the case of health checkup, the State shall protect the confidentiality regarding patients and the poor patients shall not be discrirninated with others. It is futher to direct that marginalised and poor must have access to healthcare and they should be provided adequate food facilities; thereby they should not sleep with empty stomach in the night;
(xii). Essential items may be made available to the citizens as specified in the circular issued by the Ministry of Home Affairs dated 24.03.2020 specifring the protocol to those vendols;
(xiii). The Police, Doctors, paramedical staff and other persons engaged in these days may be provided adequate facilities on account of rendering emergent services by them. (xir ). Because ofthe fact that flights, trains have been stopped and the road transportation has also been checked due to lock-down, but in the State ofAndhra Pradesh, there is a coastal area, where ships are coming to the ports, however, due care and caution as directed by the Central Govemment must be taken by the authorities in 8 the ports at Visakhapatnam, Kakinada, Machilipatnam, Kalingapatnam and other sea ports and the port authorities are directed to take special measures in this regard in coordination with the State authorities.
6. The above directions shal1 remain in force for a period of one month.
Sd/- E. KAMESWARA RAO, ASSISTANT REGISTRAR //TRUE COPY/ I for kt l^ANTv ASS'IST REGI R To 1, The Chief Secretary, State of Andhra Pradesh, Secretariat, Vetagapudi, Guntur District. (By Special Messenger)
2. The Chief Secretary, State of Tetangana, Secretariat, Hyderabad .(By Speed Post)
3. The Secretary, Union of lndia, Home Affairs, New Dethi.(By Speed Post)\
4. The Executive Chairman, State Legat Services Authority, Vijayawada, Krishna District.
5. The Executive Chairman, High Court Legal Services Committee, Amaravati.
6. The Principal Secretary, Home Department, Secretariat, Vetagapudi, Guntur District.
7. The Principal Secretary, Medical and Heatth and Famity Welfare, Secretariat, , Vetagapudi, Guntur District.
8. The Director General of Prisons, A.P., Vijayawada, Krishna District.
9. The Director General of Potice, Mangalagiri, Amaravati A.P.,
10.The Port Officer, Visakhapatnam Port Authority, Visakhapatnam, Visakhapatnam District.
11. The Port Officer, Kakinada Port Authority, Kakinada, East Godavari District.
12.The Port Officer, Machitipatnam Port Authority, Krishna District. '13.The Port Officer, Kalingapatnam Port Authority, Srikakulam District.
14.The Port Officer, Krishnapatnam Port Authority, Nettore, SPSR Nellore District.
(Addressee Nos. 3 to 11 by Speed Post)
15.The Registrar (Judiciat), High Court of A.P., at Amaravati
16.The Registrar Generat, High Court of A.P., at Amaravati
17.The Director, Social Wetfare, Vetagapudi, Amaravati, A.P, lB.Two CCs to the Advocate Generat, High Court of A.P.,(OUT)
19.Two CCs to GP for Home, High Court of A.P., at Amaravati (OUT)
20.Two CCs to GP for Medical and Heatth, High Court of A.P., at Amaravati (OUT)
21.Two CCs to GP for Municipal Administration, High Court of A.P., at Amaravati (our)
22.Sri C. Sumon, Special Government Pleader, High Court of A.P.,(OUT)
23. Two spare copies.
74.fwo CCs to G.P. for Panchayat Raj & Rural Devetopment, High Court of A.P., (OUT) HIGH COURT I HCJ & MSM.J l DT.26-03-2020.
ORDER TAKEN UP W.P.No. 8130 of 2020.
DIRECTION