Karnataka High Court
All India Central Council Of Trade ... vs Union Of India on 4 December, 2021
Author: Ritu Raj Awasthi
Bench: Ritu Raj Awasthi
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2021
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.6435/2020 C/W
WRIT PETITION NOs.7708/2020, 8668/2020,
8671/2020, 9214/2020, 10586/2020, 13395/2020,
4957/2021, 8475/2021, 8715/2021, 8720/2021,
8969/2021, 9140/2021 AND 15935/2021 (GM-RES) PIL
IN W.P. NO.6435 OF 2020
BETWEEN :
1. MOHAMMED ARIF JAMEEL
S/O LATE ABDUL RASHEED
SOCIAL WORKER AND RTI ACTIVIST
AGE ABOUT 49 YEARS,
R/AT NO.179, 2ND FLOOR
6TH CROSS, 8TH MAIN
3RD STAGE, PILLANNA GARDEN
BENGALURU - 560045.
2. MARUTHI
S/O LATE HANUMANTHAPPA
AGED ABOUT 38 YEARS,
PROFESSOR IN BANGALORE UNIVERSITY
SOCIAL WORKER AND RTI ACTIVIST
2
R/AT: 117, 3RD MAIN
3RD CROSS, SIDDARTHA ROAD,
DEEPANJALINAGAR
MYSORE ROAD,
BANGALORE-560026
...PETITIONERS
(BY SRI RAHAMATHULLA KOTHWAL, ADVOCATE &
SRI VIKRAM HUILGOL, AMICUS CURIAE V/O. DATED 4.5.2021)
AND :
1. UNION OF INDIA
THROUGH ITS SECRETARY
MINISTRY OF HEALTH AND FAMILY WELFARE
NEAR UDYOG BHAWAN METRO STATION
MAULANA AZAD ROAD,
NEW DELHI,
DELHI-110011
2. THE STATE OF KARNATAKA
THROUGH ITS SECRETARY
MINISTRY OF HEALTH AND SOCIAL WELFARE
ANANDA RAO CIRCLE
LAKSHMANPURI
GANDHI NAGAR, BENGALURU
KARNATAKA-560008
3. ADDITIONAL CHIEF SECRETARY
DEPARTMENT OF HEALTH AND FAMILY WELFARE
VIKAS SOUDHA
BENGALURU,
KARNATAKA-560001
...RESPONDENTS
(BY SRI M.B. NARAGUND, ADDITIONAL SOLICITOR GENERAL A/W
SRI M.N. KUMAR, CGC FOR R1,
SRI M. DHYAN CHINNAPPA, ADDITIONAL ADVOCATE GENERAL
3
A/W SMT. PRATHIMA HONNAPURA, AGA FOR R2 & R3,
SRI V. SREENIDHI, ADVOCATE FOR BBMP,
SMT. B.V. VIDYULATHA, ADVOCATE FOR KSLSA,
SRI BASAVARAJ V. SABARAD, ADVOCATE FOR BMRCL,
SMT. JAYNA KOTHARI, SENIOR ADVOCATE FOR
SRI ROHAN PANKAJ KOTHARI, ADVOCATE FOR
APPLICANTS IN IA NO.1/2020,
SRI CLIFTON D. ROZARIO AND
SMT. MAITREYI KRISHNAN, ADVOCATES FOR PUCL, AICCTU,
SRI MOHASSIN KHAN, ADVOCATE IN I.A. NO.8/2020,
SMT. GEETA SAJJAN SHETTY, ADVOCATE
PERMITTED TO INTERVENCE,
V/O. DATED 22/09/2020 [I.A.NO.15/2020],
SRI G.R. MOHAN, ADVOCATE FOR APPLICANT IN I.A. NO.1/2021,
SRI S.A.H. RAZVI, ADVOCATE FOR APPLICANT IN I.A. NO.6/2021,
SRI HARISH B.N., ADVOCATE FOR INTERVENTION
IN I.A. NO.7/2021
SRI AJESH KUMAR S., ADVOCATE FOR INTERVENTION
IN I.A. NO.8/2021,
SRI N. RAVINDRANATH KAMATH, ADVOCATE FOR APPLICANT
IN I.A. NO.10/2021,
SRI G. NATARAJ, ADVOCATE FOR INTERVENTION IN
I.A.NO.12/2021)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE STATE
GOVERNMENT TO FORTHWITH AMEND THE EPIDEMIC DISEASES
ACT, 1897 BY INVITING SUGGESTIONS FROM VARIOUS
ORGANIZATIONS AND EXPERTS SO AS TO MAKE THE ACT MORE
EFFECTIVE TO PREVENT THE OUTBREAK OF DANGEROUS
DISEASES AND ETC.
IN W.P. NO.7708 OF 2020
BETWEEN :
LETZKIT FOUNDATION ®
NO. 518, "GURU NIVAS"
8TH CROSS, III PHASE,
4
J.P. NAGAR, BANGALORE - 560078
BY ITS MANAGING TRUSTEE
...PETITIONER
(BY SRI PUTTIGE R. RAMESH, ADVOCATE &
SRI VIKRAM HUILGOL, AMICUS CURIAE V/O. DATED 4.5.2021
IN W.P. NO.6435/2020)
AND :
1. UNION OF INDIA
BY ITS HOME SECRETARY,
CABINET SECRETARIAT
RASINA HILL,
NEW DELHI - 110001
2. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
HEALTH AND FW DEPARTMENT,
VIKASA SOUDHA,
DR. B.R. AMBEDKAR ROAD,
BENGALURU - 560001
3. THE DIRECTOR GENERAL OF POLICE
OFFICE OF THE DGP,
NRUPATUNGA ROAD,
BENGALURU - 560001
4. BRUHATH BANGALORE MAHANAGARA
PALIKE,
BY ITS COMMISSIONER,
N.R. SQUARE,
BANGALORE - 560 002.
5. BHARATIA JANATA PARTY,
BY ITS SECRETARY
NO.48, JAGANNATHA BHAVANA
TEMPLE STREET, 11TH CROSS,
MALLESWARAM, BANGALORE - 560 003.
5
6. COMMUNIST PARTY OF INDIA
BY ITS SECRETARY
AJOY BHAWAN, KOTLA MARG,
NEW DELHI - 110 002.
7. CINNYBUST PARTY OF INDIA (MARXIST),
BY ITS SECRETARY
NO.37 A, 8TH CROSS,
NEAR POST OFFICE
MAHALAXMI LAYOUT
BANGALORE - 560 086.
8. INDIAN NATIONAL CONGRESS,
BY ITS SECRETARY,
CONGRESS BHAWAN,
QUEENS ROAD,
BANGALORE - 560 001.
9. JANATA DAL (SECULAR)
(RESPONDENT
J.P. BHAVAN, NOS.5 TO 10
#19/1, PLATFORM ROAD, IMPLEADED
BANGALORE - 560 020. VIDE ORDER
DATED
24.11.2020)
10. KANNADA CHALUVALI VATAL PAKSHA,
#154, RANGASWAMY TEMPLE STREET,
BANGALORE - 560 053.
...RESPONDENTS
(SRI M.B. NARAGUND, ADDITIONAL SOLICITOR GENERAL A/W
SRI M.N. KUMAR, CGC FOR R1,
SRI M. DHYAN CHINNAPPA, ADDITIONAL ADVOCATE GENERAL
A/W SMT. PRATHIMA HONNAPURA, AGA FOR R2 & R3,
SRI V. SREENIDHI, ADVOCATE FOR R4,
SRI A. RAJESH, ADVOCATE FOR R5,
SRI K.B. NARAYANA SWAMY, ADVOCATE FOR R6,
SRI ADITYA CHATARJEE, ADVOCATE FOR R7,
SRI HEMANTHRAJ, ADVOCATE FOR R9,
R8 & R10 ARE SERVED,
6
SRI G.R. MOHAN, ADVOCATE FOR APPLICANT IN I.A. NO.2/2020,
SRI N. RAVINDRANTH KAMATH, ADVOCATE FOR
IMPLEADING APPLICANT IN I.A. NO.5/2021 & ALSO IN
I.A. NO.3/2021 & I.A. NO.4/2021)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS
TO STRICTLY ENFORCE THE RESTRICTIONS CONTAINED IN THE
NOTIFICATION AT ANNEXURE-A ETC.
IN W.P. NO.8668 OF 2020
BETWEEN :
THE ALL INDIA PROGRESSIVE ADVOCATES FOUNDATION
REPRESENTED BY ITS PRESIDENT,
MR. H SUNIL KUMAR, S/O A. HAMSARAJ,
AGED ABOUT 37 YEARS,
NO.108, SPOORTHY, 17TH C MAIN, 5TH BLOCK,
KORAMANGALA, BENGALURU-560095
...PETITIONER
(BY SRI H. SUNIL KUMAR, PARTY-IN-PERSON &
SRI VIKRAM HUILGOL, AMICUS CURIAE V/O. DATED 4.5.2021
IN W.P. NO.6435/2020)
AND :
1. THE STATE OF KARNATAKA
BY CHIEF SECRETARY,
VIDHANA SOUDHA,
BANGALORE-560001
2. THE PRINCIPAL SECRETARY
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
VIDHANA SOUDHA,
BANGALORE-560001
...RESPONDENTS
(SRI M. DHYAN CHINNAPPA, ADDITIONAL ADVOCATE GENERAL
A/W SMT. PRATHIMA HONNAPURA, AGA)
7
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO PROVIDE EMERGENCY TREATMENT FOR
EMERGENCY MEDICAL COMPLICATIONS TO BOTH COVID-19 AND
NON COVID PATIENTS IN THE STATE OF KARNATAKA AND ETC.
IN W.P. NO. 8671 OF 2020
BETWEEN :
ALL INDIA CENTRAL COUNCIL OF TRADE UNIONS (AICCTU)
NO 18, RIYAZ BUILDING,
BASAVANAGAR MAIN ROAD,
HOODI, MAHADEVAPURA,
BANGALORE - 560048,
REPRESENTED BY ITS PRESIDENT
...PETITIONER
(BY SRI CLIFTON D' ROZARIO &
SMT. MAITREYI KRISHNAN, ADVOCATES AND
SRI VIKRAM HUILGOL, AMICUS CURIAE V/O. DATED 4.5.2021
IN W.P. NO.6435/2020)
AND :
1. UNION OF INDIA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
GOVERNMENT OF INDIA - 5110001
2. STATE OF KARNATAKA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU - 560001
3. STATE OF KARNATAKA
REPRESENTED BY THE SECRETARY,
8
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
GOVERNMENT OF KARNATAKA,
VIKASA SOUDHA,
BENGALURU - 560001
4. STATE OF KARNATAKA
REPRESENTED BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF LABOUR,
GOVERNMENT OF KARNATAKA,
VIKASA SOUDHA,
BENGALURU - 560001
5. NATIONAL INSTITUTE OF MENTAL HEALTH AND
NEURO SCIENCES (NIMHANS)
REPRESENTED BY ITS DIRECTOR,
HOSUR ROAD,
BENGALURU - 560047
6. BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE
REPRESENTED BY ITS DEAN AND DIRECTOR
FORT K.R. MARKET,
BENGALURU - 560002
...RESPONDENTS
(BY SRI M.B. NARAGUND, ADDITIONAL SOLICITOR GENERAL A/W
SRI M.N. KUMAR, CGC FOR R1,
SRI M. DHYAN CHINNAPPA, ADDITIONAL ADVOCATE GENERAL
A/W SMT. PRATHIMA HONNAPURA, AGA FOR R2 TO R4,
SRI A. MADHUSUDHANA RAO, ADVOCATE FOR R5 (NIMHANS) &
SRI K.M. PRAKASH, ADVOCATE FOR R6 (BANGALORE MEDICAL
COLLEGE & RESEARCH INSTITUTE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THAT, IN THE
EVENT OF ANY HOUSEKEEPING WORKERS AND ALLIED STAFF,
CONTRACTING COVID-19, THE EMPLOYER-HOSPITAL SHALL TAKE
CARE OF THEIR TREATMENT AND NOT ALTER ANY SERVICE
CONDITIONS OR TERMINATE THEIR EMPLOYMENT ON THIS COUNT,
AND PAY THEIR WAGES TILL THEY RECOVER AND RETURN TO
9
DUTY IN VIEW THAT THE ILLNESS HAS BEEN CONTRACTED IN THE
COURSE OF THEIR EMPLOYMENT, INCLUDING IN REGARD TO THE
5TH RESPONDENT NIMHANS AND THE R-6 BMCRI AND ETC.
IN W.P. NO. 9214 OF 2020
BETWEEN :
DR. K.B. VIJAYAKUMAR
B.SC., B.COM., A.MEX.A., (LONDON).,
C.A. I.I.B., L.L.B., M.B.A., LPH.D., (USA).,
ADVOCATE - AGED 66 YEARS
NO.100,SECOND CROSS
BASAVESHARA LAYOUT
VIJAYANAGAR, BANGALORE 560 040
CONTACT: 9986498853
[email protected]
...PETITIONER
(BY DR. K.B. VIJAYAKUMAR, PARTY-IN-PERSON,
SRI VIKRAM HUILGOL, AMICUS CURIAE V/O. DATED 4.5.2021
IN W.P. NO.6435/2020)
AND :
1. THE CHIEF SECRETARY
STATE OF KARNATAKA
ROOM NO. 320,
III FLOOR
VIDHANA SOUDHA
DR. B.R. AMBEDKAR VEEDHI,
BANGALORE - 560 001
CONTACT: 080 - 2252442
EMAIL: [email protected]
2. THE CHAIRMAN
KARNATAKA STATE POLLUTION CONTROL BOARD
"PARISARA BHAVANA"
10
4TH AND 5TH FLOOR
NO.49, CHURCH STREET
BANGALORE - 560 001
CONTACT: 080 - 25589111-4
EMAIL: [email protected]
3. THE PRINCIPAL SECRETARY
GOVERNMENT OF KARNATAKA
HEALTH AND FAMILY WELFARE SERVICES
ROOM NO. 105, I FLOOR
VIKAS SOUDHA
DR. B.R. AMBEDKAR VEEDHI,
BANGALORE - 560 001
CONTACT: 080 - 22255324
EMAIL: [email protected]
4. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE
HEAD OFFICE HUDSON CIRCLE
BANGALORE - 560 002
CONTACT: 080 - 2237455
EMAIL: [email protected]
...RESPONDENTS
(BY SRI M. DHYAN CHINNAPPA, ADDITIONAL ADVOCATE GENERAL
A/W SMT. PRATHIMA HONNAPURA, AGA FOR R1 & R3,
SRI GURURAJ JOSHI, ADVOCATE FOR R2 &
SRI V. SREENIDHI, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION
TO THE CHIEF SECRETARY, STATE OF KARNATAKA, THE
CHAIRMAN, KARNATAKA STATE POLLUTION CONTROL BOARD AND
THE PRINCIPAL SECRETARY, MINISTRY OF HEALTH AND FAMILY
WELFARE TO: FORMULATE A STANDARD OPERATING PROCEDURE
FOR THE APPROPRIATE DISPOSAL OF USED PPE KITS AND OTHER
ACCESSORIES BY HEALTH CARE PERSONNEL, SANITARY WORKERS
IN PRIVATE AND PUBLIC HOSPITALS, AMBULANCE DRIVERS AND
11
ASSISTANTS, PEOPLE INVOLVED IN TRANSPORT AND DISPOSAL OF
DEAD BODIES AND THOSE AT THE CREMATORIUM / BURIAL
GROUNDS, ASHA WORKERS AND ALL INVOLVED IN SOME FORM OF
CORONA CARE AND ETC.
IN W.P. NO. 10586 OF 2020
BETWEEN :
ALL INDIA CENTRAL COUNCIL OF TRADE UNIONS (AICCTU)
NO. 18, RIYAZ BUILDING,
BASAVANAGAR MAIN ROAD,
HOODI, MAHADEVAPURA,
BANGALORE - 560048,
REPRESENTED BY ITS SECRETARY
...PETITIONER
(BY SRI CLIFTON D' ROZARIO, ADVOCATE AND
SRI VIKRAM HUILGOL, AMICUS CURIAE V/O. DATED 4.5.2021
IN W.P. NO.6435/2020)
AND :
1. UNION OF INDIA
REPRESENTED BY THE SECRETARY
DEPARTMENT OF HEALTH AND FAMILY WELFARE
GOVERNMENT OF INDIA.
2. STATE OF KARNATAKA
REPRESENTED BY THE CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA,
BENGALURU-560001.
3. STATE OF KARNATAKA
REPRESENTED BY THE SECRETARY
DEPARTMENT OF URBAN DEVELOPMENT DEPARTMENT
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU-560001.
12
4. DIRECTORATE OF MUNICPAL ADMINSTRATION
REPRESENTED BY ITS DIRECTOR
VISVERAYYA TOWERS,
AMBEDKAR VEEDHI,
GOVERNMENT OF KARNATAKA,
BENGALURU.
5. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF RURAL DEVELOPMENT AND
PANCHAYAT RAJ
GOVERNMENT OF KARNATKA,
BENGALURU.
6. STATE OF KARNATAKA
REPRESENTED BY THE SECRETARTY
DEPARTMENT OF HEALTH AND
FAMILY WELFARE
GOVERNMENT OF KARNATAKA
VIKASA SOUDHA, BENGALURU-560001.
7. BRUHAT BENGALURU MAHANAGARA PALIKE
REPRESENTED BY COMMISSIONER
N.R. SQUARE,
BENGALURU-560001.
...RESPONDENTS
(BY SRI M.B. NARAGUND, ADDITIONAL SOLICITOR GENERAL A/W
SRI M.N. KUMAR, CGC FOR R1,
SRI M. DHYAN CHINNAPPA, ADDITIONAL ADVOCATE GENERAL
A/W SMT. PRATHIMA HONNAPURA, AGA FOR R2 TO R6 &
SRI V. SREENIDHI, ADVOCATE FOR R7)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS
TO BRING THE STATE SCHEME BEARING DTD. 28.07.2020 (PLACED
AS ANNEXURE-G) ON PAR WITH THE CENTRAL INSURANCE
SCHEME UNDER PRADHAN MANTRI GARIB KALYAN YOJANA
13
ENTITLING THE LEGAL HEIRS OF A POWRAKARMIKA WHO LOSSES
LIFE DUE TO COVID-19 TO RS. 50 LAKHS & ETC.
IN W.P. NO. 13395 OF 2020
BETWEEN :
DR. RIYAZ BASHA
S/O LATE HASEN SAB
AGED 53 YEARS,
R/O 'B' BLOCK, 1ST PARALLEL
GANDHINAGAR,
SHIMOGGA - 577 201
...PETITIONER
(BY SRI AMRUTHESH N P., ADVCOATE &
SRI VIKRAM HUILGOL, AMICUS CURIAE V/O. DATED 4.5.2021
IN W.P. NO.6435/2020)
AND :
1. THE CHIEF SECRETARY TO GOVERNMENT
AND CHAIRMAN,
STATE EXECUTIVE COMMITTEE, SDMA,
KARNATAKA GOVERNMENT SECRETARIAT,
VIDHANA SOUDHA,
BENGALURU-560 001.
2. PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE
ROOM NO.113, 1ST FLOOR,
VIKASA SOUDHA,
BENGALURU-560 001.
3. THE JOINT DIRECTOR,
KARNATAKA PRIVATE MEDICAL ESTABLISHMENT SECTION
HEALTH AND FAMILY WELFARE SERVICE,
ANANDARAO CIRCLE,
BENGALURU-560 009.
14
4. THE EXECUTIVE DIRECTOR,
SUVARNA AROGYA TRUST,
ANANDARAO CIRCLE,
BENGALURU-560 009.
5. THE COMMISSIONER,
BRURHAT BENGALURU MAHANAGARA PALIKE
N.R. SQUARE,
BENGALURU-560 002.
... RESPONDENTS
(BY SRI M. DHYAN CHINNAPPA, ADDITIONAL ADVOCATE GENERAL
A/W SMT. PRATHIMA HONNAPURA, AGA FOR R1 TO R3,
SRI MOHAMMED AYUB ALI, ADVOCATE FOR R4 &
SRI V. SREENIDHI, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
GOVERNMENT TO WITHDRAW THE PERMISSION GIVEN TO TREAT
THE COVID-19 PATIENTS IN PRIVATE HOSPITALS IN THE STATE OF
KARNATAKA, IMMEDIATELY, IN VIEW OF ANNEXURE-A DATED
20.06.2020 PASSED BY THE 1ST RESPONDENT & ETC.
IN W.P. NO. 4957 OF 2021
BETWEEN :
NATIONAL HUMAN RIGHTS PROTECTION
AND CORRUPTION CRIME CONTROL
COMMISSION,
TRUST REGISTERED UNDER I.T. ACT 1882
REGISTERED NRG-4-00018
BELAGAVI DIVISION
NO.512, SAMBAJI NAGAR BELAGAVI
VADAGOAN
BELGAVI - 590 005
REPRESENTED BY ITS PRESIDENT
15
FOR BELGAVI DISTRICT
SRI. RAGHAVENDRA B. PITAGI
...PETITIONER
(BY SMT. SHARADA N., ADVOCATE &
SRI VIKRAM HUILGOL, AMICUS CURIAE V/O. DATED 4.5.2021
IN W.P. NO.6435/2020)
AND :
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
DR. AMBDEKAR VEEDHI
VIDHANA SOUDHA
BANGALORE - 560 001.
2. THE PRINCIPAL SECRETARY
DEPARTMENT OF HEALTH
DR. AMBEDKAR VEEDHI
VIDHANA SOUDHA
BANGALORE - 560 001.
3. THE COMMISSIOENR OF POLICE
BELGAVI CITY
BELGAVI - 590 009.
4. THE DEPUTY COMMISSIONER
BELAGAVI DISTRICT
BELGAVI - 590 001.
5. THE COMMISSIONER
BELAGAVI MUNICIPAL CORPORATION
BELAGAVI.
6. THE CONVENER/ORGANISER
JANASEVAKA SAMAVESHA SAMARAMBHA
AND PRESIDENT
BELAGAVI RURAL DISTRICT
16
BHARATHIYA JANATHA PARTY
ADARSHA NAGAR
HINDAVADI, BELAGAVI - 590 00.
... RESPONDENTS
(BY SRI M. DHYAN CHINNAPPA, ADDITIONAL ADVOCATE GENERAL
A/W SMT. PRATHIMA HONNAPURA, AGA FOR R1 TO R4,
SMT. SUMANA BALIGA, ADVOCATE FOR R5 &
SMT. VIJETHA R. NAIK, ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS
NO.1 TO 5 TO INITIATE ACTION AGAINST RESPONDENT NO.6 WHO
ORGANIZED THE "JANASEVAKA SAMAVEHSA SAMARAMBHA" HELD
ON 17/1/2021, AT BELAGAVI DISTRICT STADIUM, IN ACCORDANCE
WITH ANNEXURE-C, BEARING NO. KRA.SAN.DC/POL/CR-64/2020-
21, DATED 11/1/2021, FOR VIOLATING THE CONDITIONS IMPOSED
THEREIN, BY NOT MAINTAINING SOCIAL DISTANCE AND NOT
WEARING MASKS.
IN W.P. NO. 8475 OF 2021
BETWEEN :
KARNATAKA RAJYA VIKALACHETHANARA
RAKSHANA SAMITHI ®
A REGISTERED COOPERATIVE SOCIETY
REPRESENTED BY ITS WORKING PRESIDENT
MR. CHANDRASHEKAR PUTAPPA
AGED ABOUT 53 YEARS,
S/O. LATE SHRI PUTAPPA,
#3/6, MODULIAR COMPOUND,
SECOND MAIN ROAD,
CHAMARAJAPET, BANGALORE - 560 019.
...PETITIONER
(BY SRI VISWESH S., ADVOCATE &
SRI VIKRAM HUILGOL, AMICUS CURIAE V/O. DATED 4.5.2021)
17
AND :
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
ADDITIONAL CHIEF SECRETARY
HEALTH AND FAMILY WELFARE DEPARTMENT
#105, FIRST FLOOR, VIAKASA SOUDHA
BANGALORE - 560 001.
2. THE COMMISSIONER
HEALTH AND FAMILY WELFARE AND
AYUSH SERVICES
AROGYA SOUDHA
MAGADI ROAD
BANGALORE - 560 023.
3. THE PRINCIPAL SECRETARY
HEALTH AND FAMILY WELFARE DEPARTMENT,
UNION OF INDIA
ROOM NO.156 A,
NIRMAN BHAVAN,
NEW DELHI - 110 011.
... RESPONDENTS
(BY SRI M. DHYAN CHINNAPPA, ADDITIONAL ADVOCATE GENERAL
A/W SMT. PRATHIMA HONNAPURA, AGA FOR R1 & R2,
SRI M.B. NARAGUND, ADDITIONAL SOLICITOR GENERAL A/W
SRI M.N. KUMAR, CGC FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO COMPULSORILY
VACCINATE ALL PERSONS AND DISABILITIES AND THE
CAREGIVERS OF PERSONS WITH DISABILITIES WITH HIGH
SUPPORT NEEDS ABOVE THE AGE OF 18 YEARS AGAINST COVID 19
BY ADMINISTERING COVISHIELD OR COVAXIN TO THEM
IRRESPECTIVE OF THE NATURE OF THEIR DISABILITY ON A
PRIORITY BASIS & ETC.
18
IN W.P. NO. 8715 OF 2021
BETWEEN :
SMT. HEMALATHA S
D/O LATE SHEKARAPPA,
W/O SRI CHANDRAPRAKASH T.N.,
AGED ABOUT 38 YEARS,
OCCUPATION: ADVOCATE,
R/AT NO.83,
ADDE VISHWANATHAPURA
AREKERE POST, RAJANKUNTE,
BENGALURU-560 064.
...PETITIONER
(BY SRI MANJUNATHA H., ADVOCATE)
AND :
1 . STATE OF KARNATAKA
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001,
REPRESENTED BY ITS
CHIEF SECRETARY.
2 . BRUHAT BENGALURU
MAHANAGARA PALIKE
N.R. SQUARE,
BENGALURU-560 002,
REPRESENTED BY ITS
COMMISSIONER.
... RESPONDENTS
(By SRI M. DHYAN CHINNAPPA, ADDITIONAL ADVOCATE GENERAL
A/W SMT. PRATHIMA HONNAPURA, AGA FOR R1 &
SRI V. SREENIDHI, ADVOCATE FOR R2)
19
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT DIRECTING THE
RESPONDENT NO. 1 AND 2 TO MAKE PROPER ARRANGEMENTS OF
CREMATION CENTERS ENABLING THE RELATIVES OF THE VICTIMS
CREMATING DEAD COVID VICTIMS IN DIGNIFIED MANNER & ETC.
IN W.P. NO. 8720 OF 2021
BETWEEN :
SRI AMRUTHESH N.P.
ADVOCATE
SON OF LATE N.C. PUTTASWAMY
AGED ABOUT 60 YEARS
NO.15/1, 1ST FLOOR,
3RD CROSS, SAMPIGE ROAD
MALLESHWARAM
BANGALORE-560009.
... PETITIONER
(BY SRI X.M. JOSEPH, ADVOCATE)
AND :
1. STATE OF KARNATAKA BY
STATE DISASTER MANAGEMENT AUTHORITY
REPRESENTED BY ITS CHIEF SECRETARY
TO GOVERNMENT OF KARNATAKA AND
CHAIRMAN OF THE STATE EXECUTIVE
COMMITTEE, ROOM NO.320, 3RD FLOOR,
VIDHANA SOUDHA
BANGALORE - 560 001.
2. THE PRINCIPAL SECRETARY
DEPARTMENT OF HOME AFFAIRS
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BANGALORE - 560 001.
20
3. DIRECTOR GENERAL AND INSPECTOR GENERAL
OF POLICE IN KARNATAKA
GOVERNMENT OF KARNATAKA
NRUPATHUNGA ROAD
BANGALORE - 560 001.
... RESPONDENTS
(SRI M. DHYAN CHINNAPPA, ADDITIONAL ADVOCATE GENERAL
A/W SMT. PRATHIMA HONNAPURA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO WRIT ORDER/DIRECTION
TO THE RESPONDENT NO.3, TO FORTHWITH STOP LATHI
CHARGING THE GENERAL PUBLIC AT SIGHT, UNDER COVER OF
PROHIBITORY ORDERS UNDER SECTION 144 CR PC FROM 21.00
HOURS OF TUESDAY 27/04/2021 TILL 06.00 HOURS OF 12-05-
2021 OR THE SAME THAT MAY BE IMPOSED IN FUTURE, AS WAS
OBEYED BY THE ORDERS OF THIS HON'BLE HIGH COURT IN W.P.
NO.6435/2020 - PIL - COVID, REFLECTED AT ANNEXURE-B & ETC.
IN W.P. NO. 8969 OF 2021
BETWEEN :
1. KARNATAKA JANAAROGYA CHALUVALI
REPRESENTED BY ITS CONVENER,
VIJAYAKUAMR S.,
S/O SRI C.M. SEETHAPPA,
AGED 46 YEARS,
ADDRESS NO.3, C.P.V BLOCK,
5TH MAIN, 5TH CROSS,
GANGANAGAR,
BANGALORE - 560032.
2. ANUSHYA RAMAKRISHNA
D/O. RAMAKRISHNA,
21
AGED 23 YEARS,
#155/15, LBS NAGAR,
YELAHANKA,
BANGALORE - 560 054.
...PETITIONERS
(BY SMT. ASHWINI OBULESH., ADVOCATE &
SRI VIKRAM HUILGOL, AMICUS CURIAE V/O. DATED 4.5.2021)
AND :
1. THE UNION OF INDIA
MINISTRY OF HEALTH AND FAMILY WELFARE,
ROOM NOS. 514/B/A,
NIRMAN BHAWAN,
NEW DELHI 110011,
REPRESENTED BY
THE SECRETARY TO GOVERNMENT.
2. STATE OF KARNATAKA
DEPARTMENT OF HEALTH AND
FAMILY WELFARE,
ROOM NO. 339, 339A,
3RD FLOOR, VIDHANA SOUDHA,
BANGALORE 560001,
REPRESENTED BY ITS
PRINCIPAL SECRETARY
... RESPONDENTS
(BY SRI M.B. NARGUND, ADDITIONAL SOLICITOR GENERAL A/W
SRI S. SHIVAKUMAR, CGC FOR R1,
SRI M. DHYAN CHINNAPPA, ADDITIONAL ADVOCATE GENERAL
A/W SMT. PRATHIMA HONNAPURA, AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR
DIRECTION QUASHING THE LIBERALIZED VACCINE STRATEGY ( AT
ANNEXURE - C) TO THE EXTENT THAT IT ARBITRARILY AND
ILLEGALLY EXCLUDES LARGE SECTIONS OF THE SOCIETY,
22
ESPECIALLY MARGINALISED INDIVIDUALS AND COMMUNITIES BY
(a) CAUSING PRICING DISPARITIES AND NOT BEING IN THE LINE
WITH DECADES OF NATIONAL IMMUNISATION PROGRAMMES, AND
(b) NOT INCLUDING CHILDREN AND ADOLESCENTS IN THE
VACCINATION DRIVES & ETC.
IN W.P. NO. 9140 OF 2021
BETWEEN :
ALL INDIA TRADE UNION CONGRESS
KARNATAKA STATE COMMITTEE
NO.6, SIRUR PARK ROAD
SESHADRIPURAM
BENGALURU - 560 020
REPRESENTED BY
THE GENERAL SECRETARY
...PETITIONER
(BY SRI NARAYANA BHAT M., ADVOCATE &
SRI VIKRAM HUILGOL, AMICUS CURIAE V/O. DATED 4.5.2021)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY THE CHEIF SECRETARY
VIDHANA SOUDHA
BENGALURU - 560 001.
2. THE CHIEF SECRETARY AND CHAIR PERSON
STATE EXECUTIVE COMMITTEE UNDER
THE DISASTER MANAGEMENT ACT
VIDHANA SOUDHA
BENGALURU - 560 001.
... RESPONDENTS
(SRI M. DHYAN CHINNAPPA, ADDITIONAL ADVOCATE GENERAL
A/W SMT. PRATHIMA HONNAPURA, AGA)
23
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION, DIRECTING THE RESPONDENTS TO CONSIDER THE
REPRESENTATIONS GIVEN BY THE PETITIONER DATED 08.05.2021,
PRODUCED AT ANNEXURE - G, DATED 18.05.2021 PRODUCED AT
ANNEXURE - G1 AND DATED 20.05.2021 PRODUCED AT
ANNEXURE - J AND FURTHER DIRECT THE RESPONDENTS TO
CONSIDER THE CASES OF WORKERS MENTIONED IN CIRCULAR
BEARING NO. C1 06 SPI 2020 DATED 08.05.2021 (ANNEXURE -C)
AND ADDENDUM CIRCULAR BEARING NO. C1 06 SPI 2020 DATED
09.05.2021 (ANNEXURE - D), WORKING IN ESSENTIAL NON
HEALTH CARE SECTOR AS COVID 19 FRONT LINE WORKERS TO
MEET THE ENDS OF JUSTICE & ETC.
IN W.P. NO. 15935 OF 2021
BETWEEN :
1 . DR. SRINIVASA B. KAKKILAYA
S/O B. VISHNU KAKKILAYA
AGED 54 YEARS,
RESIDING AT "AKSHAYA"
KADRI KAIBATTAL
5TH CROSS, ALVARES ROAD,
MANGALURU-575 002.
2 . DR. HARIKRISHNA B.N.
S/O B.S. NARASIMHA MURTHY
AGE 40 YEARS,
OCCUPATION: PROFESSOR
RESIDING AT KARNATAKA AYURVEDA
MEDICAL COLLEGE, ASHOKA NAGAR
MANGALURU-575 001.
3 . DR. GAUTHAM SHETTY
S/O K.B. SHETTY
AGE 40 YEARS,
OCCUPATION: PROFESSOR
24
RESIDING AT KARNATAKA AYURVEDA
MEDICAL COLLEGE, ASHOKA NAGAR
MANGALURU-575 001.
4 . DR. HARIHARA PRASAD RAO
S/O H.SHIVARAMA RAO
AGED 45 YEARS,
OCCUPATION: PROFESSOR
RESIDING AT KARNATAKA AYURVEDA
MEDICAL COLLEGE, ASHOKA NAGAR
MANGALURU-575 001.
5 . SUSHMA S. ARADHYA
D/O. S ARADHYA
AGE 21 YEARS,
R/A VIDHYARANYAPURAM
MYSORE-560 006.
...PETITIONERS
(BY SRI DORE RAJ B.H., ADVOCATE &
SRI VIKRAM HUILGOL, AMICUS CURIAE V/O. DATED 4.5.2021)
AND :
1. STATE OF KARNATAKA
STATE EXECUTIVE COMMITTEE
CONSTITUTED UNDER SECTION 20 OF
DISASTER MANAGEMENT ACT, 2005
ROOM NO.627, 6TH FLOOR,
M.S. BUILDING, BENGALURU-560 001
REPRESENTED BY ITS MEMBER SECRETARY.
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE
KARNATAKA, 4TH 'T' BLOCK, JAYANAGAR,
BENGALURU-560 041
REPRESENTED BY ITS REGISTRAR.
3. STATE OF KARNATAKA
DEPARTMENT OF HEALTH AND FAMILY WELFARE
25
(DEPARTMENT OF MEDICAL EDUCATION)
ROOM NO.610, 6TH FLOOR,
M.S. BUILDING, BENGALURU-560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY.
4. STATE OF KARNATAKA
DEPARTMENT OF HIGHER EDUCATION
ROOM NO.761, 6TH FLOOR
M.S. BUILDING, BENGALURU-560 001
REPRESENTED BY ITS UNDER SECRETARY.
5. KARNATAKA AYURVEDA MEDICAL COLLEGE
AND HOSPITAL
K.E.C.T TOWERS, HOIGEBAIL
ASHOKNAGAR, MANGALURU-575 006.
6. ADICHUNCHANAGIRI AYURVEDIC
MEDICAL COLLEGE
NO.112, NAGARUR, DASANAPURA,
BENGALURU NORTH,
BENGALURU - 562 123.
...RESPONDENTS
(BY SRI M. DHYAN CHINNAPPA, ADDITIONAL ADVOCATE GENERAL
A/W SMT. PRATHIMA HONNAPURA, AGA FOR R1, R3 & R4,
SRI N.K. RAMESH, ADVOCATE FOR R2,
SMT. GEETHA DEVI M. PAPANNA, ADVOCATE FOR R6 &
R5 - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
NO. RD 158 TNR 2020 DATED 16TH JULY 2021 ISSUED BY
RESPONDENT NO.1. A COPY OF THE ORDER NO. RD 158 TNR 2020
DATED 16TH JULY 2021 IS HEREIN PRODUCED AS ANNEXURE-A &
ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:
26
ORDER
Heard.
2. These are bunch of writ petitions filed raising various issues relating to Covid-19 pandemic in which, this Court from time to time, has issued various directions to the State Government and the State authorities.
3. On 25.10.2021, when these cases were taken up, there was a general consensus among learned counsel for the parties that since the intensity of Covid-19 pandemic has reduced drastically, at present, the issues raised in most of the writ petitions are no more relevant for the Court to adjudicate. Learned Amicus Curiae was directed to go through all the petitions and to prepare a brief with respect to the issues which are still relevant in the present time to be adjudicated and to submit the same.
4. Today, learned Amicus Curiae has come with his submissions with respect to 14 matters.
27In W.P.No.6435/2020
5. It is submitted that the Court has issued directions from time to time relating to Covid-19 pandemic. The Central Government as well as the State Government, including their functionaries, have reported substantial compliance from time to time. The issues raised and dealt with by this Court may not survive for consideration at this stage on account of the fact that the number of Covid-19 cases in Karnataka have steadily declined over the last few months.
6. Therefore, we dispose of this writ petition with liberty to the petitioners to file a fresh petition, if the situation so demands.
In W.P.No.7708/2020
7. This petition is filed seeking to ensure that the State Government and its functionaries enforce Covid Appropriate Behavior such as, wearing of masks and maintenance of social distancing at public places.
28
8. This Court has already issued several directions over a period of time. The State Government and the Bruaht Bengaluru Mahanagara Palike have reported substantial compliance as per the Court's directions. No further direction is required at this stage.
9. Hence, the writ petition stands disposed of in terms of the earlier direction issued by this Court. IN W.P.No.8668/2020
10. Learned Amicus Curiae submits that the writ petition is filed seeking for a direction to the authorities to provide emergency treatment to Covid-19 and non-Covid-19 patients. Now, at present, sufficient medical facilities are available to provide proper treatment to Covid-19 patients as well as patients suffering from other diseases.
11. Since the situation of Covid-19 pandemic has improved, no direction is required to be issued at this stage. The writ petition is accordingly disposed of.
29In W.P.No.8671/2020
12. This writ petition relates to the issue of health and safety of workers in medical institutions such as, the National Institute of Mental Health and Neuro Sciences (NIMHANS) and Bangalore Medical College and Research Institute (BMCRI). The State, NIMHANS and BMCRI have filed several compliance reports.
13. As such, the writ petition is disposed of with liberty to the petitioner to file a fresh petition, if need arises. In W.P.No.9214/2020
14. In this petition, a direction was sought to the State Government to formulate a Standard Operating Procedure (SOP) for disposal of PPE kits and other accessories used by healthcare professionals and disposal of dead bodies at crematoriums/burial grounds.
15. The Court has already issued detailed directions from time to time. The State Government has filed SOP regulating the disposal of PPE kits and accessories used by healthcare 30 professionals as well as for cremation and burial of deceased persons who lost their lives due to Covid-19.
16. The issue involved in this writ petition does not survive for consideration at this stage.
17. Hence, the writ petition is disposed of with liberty to the petitioner to file a fresh petition, if need arises. In W.P.No.10586/2020
18. In this writ petition, the petitioner is seeking a direction to the State Government to bring the State scheme dated 28.07.2020 formulated on par with the Central Insurance Scheme under Pradhan Mantri Garib Kalyan Yojana (PMGKY) entitling the legal heirs of the deceased who have lost their life due to Covid-19 to Rs.50 lakhs.
19. In this regard, we direct the State Government to consider the scheme formulated by it to bring on par with the PMGKY Scheme of the Central Government and also consider the issue for grant of compensation of Rs.50 lakhs to the legal heirs of the deceased health workers and frontline workers who lost their 31 lives due to Covid-19 and those who are not covered under the Central Government Scheme.
20. With these observations, the writ petition stands disposed of.
IN W.P.No.13395/2020
21. This petition raises various issues regarding treatment of Covid-19 patients in private hospitals including withdrawal of permission given to certain private hospitals to treat Covid-19 patients.
22. The State Government has filed its objections.
23. In view of the fact that at present, the situation of Covid-19 pandemic is under control in the State. The writ petition has lost its relevance. The writ petition is accordingly disposed of. IN W.P.No.4957/2021
24. This petition relates to violations of Covid-19 regulations at a function at Belagavi and the action taken by the State against the violators.
32
25. It appears that since the State Government has initiated appropriate criminal action against the violators, this petition does not survive for consideration and it is accordingly disposed of.
IN W.P.No.8475/2021
26. This petition involves the issue of vaccination for disabled persons.
27. Learned Additional Government Advocate appearing for the State submits that mobile van facility has been created for the purpose of vaccination of disabled persons under the scheme 'Har Ghar Dastak'. The mobile vans are placed near the populated areas which go from home to home to enquire about vaccination and to provide the required facility for vaccination.
28. In view of the above, we do not feel it necessary to issue any further direction. The writ petition is accordingly disposed of.
33IN W.P.No.8715/2021
29. Learned Additional Government Advocate submits that the writ petition relates to proper arrangements for cremation/burial of dead persons who have died due to Covid-19 infection.
30. Due to the improvement in the situation, no direction is required at this stage. Already the Court has issued directions in the past which have been complied with by the State Government. As such, the writ petition is disposed of.
IN W.P.No.8720/2021
31. Learned Additional Government Advocate submits that the matter relates to the use of police force during imposition of Section 144 of the Code of Criminal Procedure, 1973.
32. The submission of learned Additional Government Advocate is that it was during the lock down period that the police had to use certain force to disburse the people as they were not following the Covid-19 parameters. Now, at present, there is no such situation. As such, the writ petition is disposed of with the observation that "Covid-19 Appropriate Behaviour" shall be 34 followed, proper social distancing is maintained, masks shall be worn at public places and there shall not be any laxity in this regard.
IN W.P.No.8969/2021
33. This writ petition relates to challenge of vaccination policy by respondent No.1- The Union of India.
34. In this regard, it is to be noted that the Apex Court is seized of a similar issue in Suo Motu W.P.(C) No.3/2021 wherein a detailed order was passed on 31.05.2021 covering several aspects of the vaccination policy of the Union of India. Considering the said direction, the Union Government has modified the vaccination policy which has been implemented across the Country since June, 2021.
35. In view of the above, we do not feel it necessary to keep the matter pending. The writ petition is accordingly disposed of.
35IN W.P.No.9140/2021
36. This writ petition relates to vaccination of frontline workers.
37. Learned counsel for the petitioner submits that majority of the frontline workers have been vaccinated. As such, the writ petition has lost its relevance.
38. The writ petition is accordingly disposed of with liberty to the petitioner to approach the Court in case need arises. IN W.P.No.15935/2021
39. In this petition, the petitioners have impugned the Government Order dated 16.07.2021 permitting only students, teaching and non-teaching/other staff who have received one doze of Covid-19 vaccine to attend the colleges.
40. Learned counsel for the petitioners submits that those students who have some medical issues shall not be compelled to take vaccine and be permitted to attend the colleges.
41. We are of the considered view that no students, teachers and other non-teaching staff who have not received 36 vaccination can be permitted to attend the colleges where the students gather in large numbers and risk their lives. As such, no direction can be issued to permit students, teachers and non- teaching staff who have not received at least one doze of Covid-19 vaccine to attend the colleges. Hence, the writ petition is dismissed.
42. The pending interlocutory applications in these petitions stand disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE VM/KPS