Gujarat High Court
Suo Motu vs State Of Gujarat on 17 April, 2020
Bench: Vikram Nath, Ashutosh J. Shastri
C/WPPIL/42/2020 ORDER
IN THEHIGHCOURTOF GUJARATAT AHMEDABAD
R/WRITPETITION(PIL) NO. 42 of 2020
With
CIVILAPPLICATION(FORDIRECTION) NO. 2 of 2020
In R/WRITPETITION(PIL) NO. 42 of 2020
With
CIVILAPPLICATION(FORDIRECTION) NO. 3 of 2020
In R/WRITPETITION(PIL) NO. 42 of 2020
With
CIVILAPPLICATION(DIRECTION) NO. 4 of 2020
In R/WRITPETITION(PIL) NO. 42 of 2020
With
CIVILAPPLICATION(FORDIRECTION) NO. 5 of 2020
In R/WRITPETITION(PIL) NO. 42 of 2020
With
R/WRITPETITION(PIL) NO. 51 of 2020
With
R/WRITPETITION(PIL) NO. 49 of 2020
With
R/WRITPETITION(PIL) NO. 50 of 2020
With
R/WRITPETITION(PIL) NO. 48 of 2020
With
R/WRITPETITION(PIL) NO. 47 of 2020
With
R/WRITPETITION(PIL) NO. 52 of 2020
With
R/WRITPETITION(PIL) NO. 54 of 2020
With
R/WRITPETITION(PIL) NO. 53 of 2020
With
R/WRITPETITION(PIL) NO. 55 of 2020
With
R/WRITPETITION(PIL) NO. 57 of 2020
With
R/WRITPETITION(PIL) NO. 58 of 2020
With
R/WRITPETITION(PIL) NO. 59 of 2020
With
R/WRITPETITION(PIL) NO. 60 of 2020
With
R/WRITPETITION(PIL) NO. 61 of 2020
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C/WPPIL/42/2020 ORDER
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SUOMOTU Versus STATEOF GUJARAT& 2 other(s) ============================================================================== Appearance:
SUOMOTU(25)for the Applicant(s)No. 1
Shri Anshin Desai Senior Advocate and Shri Percy Kavina, Senior Advocate, assisted by Shri K.R.Koshti, Shri Yatin N. Oza, Senior Advocate, Shri K.R.Koshti, Shri S.S.Acharya, Shri Tatvam K. Patel, Shri Dhruvik K. Patel, Shri Sikender Saiyed, Shri Nabilkhan F. Yusufzai, Shri Brijesh Trivedi Shri A.J.Yagnik for Shri Pratikkumar B. Rupala, Shri N.K.Majmudar, Shri Tushar Lalitbhai Sheth, Shri Dharmesh C. Gujjar for the petitioners Shri Kamal Trivedi, learned Advocate General assisted by Ms. Manisha Lavkumar Shah, learned Government Pleader and Shri Mitesh Amin, learned Public Prosecutor appearing for State authorities and Shri Devang Vyas, learned Assistant Solicitor General for the Union of India ============================================================================== CORAM: HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH And HONOURABLE MR.JUSTICE ASHUTOSH J. SHASTRI Date: 17/04/2020 COMMONORALORDER (PER: HONOURABLETHECHIEFJUSTICEMR. VIKRAMNATH) 1 We have heard Shri Kamal Trivedi, learned Advocate General along with Ms. Manisha Lavkumar Shah, learned Government Pleader and Shri Mitesh Amin, learned Public Prosecutor appearing for State authorities, Shri Devang Vyas, learned Assistant Solicitor General for the Union of India, Shri Anshin Desai, learned Senior Advocate, Shri Percy Kavina, Senior Advocate, assisted by Shri K.R.Koshti, Shri Yatin N. Oza, Page 2 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER Senior Advocate, Shri K.R.Koshti, Shri S.S.Acharya, Shri Tatvam K. Patel, Shri Dhruvik K. Patel, Shri Sikender Saiyed, Shri Brijesh Trivedi Shri Nabilkhan F. Yusufzai, Shri A.J.Yagnik for Shri Pratikkumar B. Rupala, Shri N.K.Majmudar, Shri Tushar Lalitbhai Sheth, Shri Dharmesh C. Gujjar for the petitioners.
2 At the outset, we may record that Writ Petition (PIL) No. 42 of 2020 was registered suo moto upon an order passed by the Court on 13.03.2020. The scope of the Public Interest Litigation was open ended taking care of all aspects necessary for dealing with the crises having arisen on account of Pandemic of COVID-19. With passage of time social activists, champions of public interest and some conscientious citizens joined in by filing Civil Applications and Public Interest Litigations. The Court has dealt with each of them in the previous orders as also today's.
2.1 There is no issue that these Civil Applications and Public Interest Litigations are in any manner adversarial in nature. They have only highlighted the concerns which in their opinion was being neglected and required attention of the State Authorities largely, and in some cases of the Central Government. The concerns so expressed have reached the State Page 3 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER and the Centre. In most of the cases they have been redressed and in some they are in the process of being redressed. 2.2 Now once the attention of the concerns has been noticed and incorporated in Court's orders the role of these Civil Applications and Public Interest Litigations is served. Therefore these matters would be adequately dealt with and disposed off. However, any new issue coming up which has not been raised so far may be raised by way of Civil Applications or Public Interest Litigations.
2.3 We may also record here that the reliefs claimed in these Civil Applications and Public Interest Litigation are so many times repetitive or have been made in a reckless and irresponsible manner. In so many matters there is no foundation laid but multiple reliefs are claimed. Anything and everything that can be imagined. Public Interest Litigations are restricted and governed by unwritten code, rather by the pronouncements by the Superior Courts from time to time. 2.4 As the prevailing time is extremely difficult, where on one side there are mandates of `Lock Down' for the general public to be strictly adhered to as per the guidelines issued, on Page 4 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER the other side the State Machinery with all its resources is on the roads, hospitals and wherever necessary struggling and battling not only with patients suspected or affected by the COVID-19 but also trying to maintain the mandate of `Lock Down'.
2.5 We had put a word of caution in our previous order that frivolous and irresponsible Public Interest Litigations would be dealt with firmly. However as some of the concerns raised are genuine although without facts, figures and foundations and not even complying to the requirements under the Rules of Court for presenting Public Interest Litigations the Court is taking a lenient view and proceeding to dispose them off. 2.6 The Court would have appreciated the cause being raised by the champions of public interest and social activists had they actually been helping the State Machinery by intimating their concerns to the learned Advocate General, Public Prosecutor and Government Pleader as suggested by Shri Kamal Trivedi, learned Advocate General and incorporated in the earlier orders passed by the Court, rather than approaching the Court.
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C/WPPIL/42/2020 ORDER 2.7 Here we would be failing if we do not record our
acknowledgment to a couple of counsel who under normal hearing would have driven the Court to a boiling point but have been very sensible and cooperative in only appreciating the endeavours of the State and closed their submissions only in a minute or two.
2.8 The Court may also record here that this platform is not a competitive one where there is a race for more and more reliefs being claimed by Civil Applications or Public Interest Litigation, for whatever good, bad or indifferent reasons. Ultimately, what happens is one or two good causes raised get eclipsed and lose their sheen and are covered by the majority of frivolous ones. The Court hopes and trusts that Counsels or parties in person would be more careful and cautious in future. 3 We may record that all learned advocates appearing for the petitioners or otherwise upon intervention have acknowledge and appreciated the efforts made by the State and its machinery. However, they have expressed their concerns pointing out areas which require further attention of the State. Shri Brijesh Trivedi, learned counsel has appreciated the endeavours made by the State Government and its entire Page 6 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER machinery. He, however, only added that if testing of vendors providing necessary provisions, including vegetables and other goods also be tested or medically examined before they come out in the streets, it would protect and avoid further spread of the COVID-19. He also submitted that safe distance should be maintained between these vendors. The submissions would be attended to by the State authorities and respective Municipal Corporations.
4 The Court now proceeds to deal with all pending matters in seriatim chronologically.
5 In continuation to our order dated 03.04.2020, the pending Public Interest Litigations along with fresh filed Public Interest Litigations and Civil Applications were taken up today. 6 The reliefs claimed in Civil Application Nos.2 and 3 of 2020 in Writ Petition (PIL) No.42 of 2020 have already been dealt with either in this order or in the previous orders and as such do not require any further consideration. Accordingly, Civil Application Nos.2 and 3 of 2020 in Writ Petition (PIL) No.42 of 2020 stand disposed of.
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C/WPPIL/42/2020 ORDER 7 Shri Percy Kavina, learned Senior Advocate
addressed the Court in Civil Application No.04 of 2020 in Writ Petition (PIL) No.42 of 2020. In addition to the relief sought in Civil Application No.4 of 2020, Shri Kavina, learned Senior Advocate further submitted that the State and Ahmedabad Municipal Corporation may reconsider / review the situation regarding non-wearing of mask inviting penal action. According to him, sufficient number of masks are not available and, therefore, any penal action of imposing fine or imprisonment under the order issued by the Municipal Commissioner, Ahmedabad may not be appropriate. He further submitted that the vehicles seized during the lock down period by the police may be released. According to him, by referring to a particular police station, he submitted that there are about 100 rickshaws chained and lying outside bearing the beating of the weather. These rickshaws, according to him, belong to the lower strata of the society, and therefore, if they are damaged or destroyed, these rickshaw pullers and owners thereof would suffer irreparable loss and further the mess they are creating outside the police station would also be cleared.
7.1 In response, Shri Kamal Trivedi, learned Advocate General submitted that the above concerns regarding rickshaws Page 8 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER at the police station would be examined. He, however, submitted that wearing of the mask being made compulsory by the Municipal Commissioner, Ahmedabad and further making now wearing of it inviting penal action does not only include masks manufactured and supplied in the market, but also covering the nose and mouth with a handkerchief or piece of cloth and that would be sufficient compliance. He further submitted that in case this is relaxed it would be more dangerous for every one rather making it compulsory is in the larger interest of the public that the circular has been issued. As such this submission or the concern of Shri Kavina does not merit any consideration. The Court finds substance in the submission of learned Advocate General and accordingly rejects this submission of Shri Kavina. 7.2 Learned Advocate General Shri Kamal Trivedi further placed a brief note dated 17.04.2020 duly signed by Ms. Manisha L. Shah, learned Government Pleader, submitting the response of the State in Civil Application No.4 of 2020 Writ Petition (PIL) No.42 of 2020. The said note mentions the main issues raised and the response of the State. The same is reproduced herein below:
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C/WPPIL/42/2020 ORDER "Main issues raised:
[1] The Opponents are not implementing the Food Basket Scheme in the manner in which it was informed to this Hon'ble Court but are taking actions which are otherwise. [2] Food grains are being siphoned off by those involved in the Public Distribution System. The ration cards are being stamped for a higher quantity of food grains than is actually being distributed.
[3] The State had promised a cash transfer of Rs.1,000/- to all ration card holders and other persons for whom the survey is carried out by the government, which has not yet started.
[4] Despite Ministry of Home Affairs Order No. 40- 3/2020-D dated 24.04.2020, vegetables are not being allowed to be vended. E-rickshas are woefully short and the population is facing an acute shortage of vegetables. (unofficial) pressure has been brought upon the Agricultural Produce Marketing Committees to close them down so that vegetable vendors do not get the stock of vegetable supplies to vend them.
[5] If masks in adequate quantity are not made available to the general public, and section4.3 of the guidelines for use of masks is not adhered to, the issued notification by AMC Commissioner will be an exercise in futility and will not be able to control the spread of COVID-19.
Response of the State:
[1] The State has passed a Government Resolution, being GR dated 11.04.2020, whereby the State has resolved to free ration to Non-NFSA APL-1 category of persons, for the month of April, 2020. It is pertinent to note that the previous Government Resolution dated 28.03.2020 applies to AAY Page 10 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER families, PHH Families (which include NFSA-BPL Families, NFSA APL-1 Families, NFSA APL-2 Families) and Anna Braham Yojana Beneficiaries and vide GR dated 04.04.2020, free ration was resolved to be given to non-
NFSA BPL families. The current GR under consideration, i.e. GR dated 11.04.2020, applies to Non-NFSA APL-1 ration card holders. It is imperative to note that this category of persons, i.e. Non-NFSA APL-1 ration card holders, are not beneficiaries under the National Food Security Act, 2013 and no benefits were earlier granted by the State to this category of ration card holders and it is only during the current crisis situation, that the State has resolved to give free ration to such category of ration card holders. [2] The distribution of the ration is taking place in two modes, online and offline. By way of the online mode, the credentials of the beneficiary are verified using biometrics (thumbprints) whereas the offline mode pertains to distribution of the ration while the record, thereof, is maintained in a physical register. The offline mode is used in cases, where the biometric details of the beneficiary are either not available or it is not possible to verify the same due to infrastructural or other issues, such as in the current scenario when the physical contact is required to be kept at the bare minimum.
[3] Till date, the distribution (online mode) of the food baskets in the State is as follows:
S. Category Total Population as No. of Cards % No. Cards per the Cards Distributed 1 AAY 806571 3643347 780588 97 2 PHH 5733879 28480752 5462784 95 3 Non 340025 1492454 202972 60 NFSA BPL 4 Non 6104090 24991494 581332 10 NFSA APL-1 TOTAL 1298456 58608047 7027676 54 5 Page 11 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER [4] With respect to the incident in Dehgam, wherein some beneficiaries were distributed lesser quantity of food grains and which has been reported in the newspaper and relied upon by the petitioner at Annexure-B, page no. 21 of the petition, it is submitted that a report of the incident has been submitted by Mamlatadar, Dehgam to District Civil Supplies Officer on 15.04.2020. It appears that the Sarpanch (to whom the complaints were made by the beneficiaries) was himself present during the distribution of the ration on 01.04.2020 and 02.04.2020 and submitted a written representation of the incident to the authorities only on 10.04.2020. A committee consisting of a Teacher, the Sarpanch and the Talati-cum-Mantri was constituted for the distribution of the food basket in Dehgam. On verification, it has been found that the total number of beneficiaries to whom food baskets were distributed is 207, whereas the representation of the Sarpanch states that the total number of persons to whom lesser quantity was distributed was
211. However, individual grievances of the beneficiaries shall be collected and a report thereof, shall be submitted.
[5] The Scheme of payment of Rs. 1000/- to all ration card holders and 6.32 Lac construction workers is still awaiting approval from the higher authorities. [6] With respect to APMCs and vegetable vending, it is submitted that there is no pressure to close down any APMC. Only when a grave situation arises, is the APMC being shut down and that too only for a limited period and after formulation of proper and strict guidelines, such as prevention of entry of vehicles, limiting the operation hours, limiting the number of vegetable cards, etc., the APMCs are being reopened.
[7] In this regard, the Director, Agricultural Marketing and Rural Finance, has passed a circular on 13.04.2020, wherein certain guidelines have been framed with a view to promote the objective of "Social Distancing": Page 12 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020
C/WPPIL/42/2020 ORDER [a] District Level Committees to be constituted to ascertain whether the Grain yard shall be kept open or not, comprising of District Registrar (Chairman), District Agriculture Officer (Member), District Horticulture Officer (Member), Chairman/Secretary of concerned APMC (Member) and Coordinating Officer (Market) (Member) [b] Prior registration of framers, procedure to be determined by the District Committees. After registration, the farmers to be called in phased manner on a particular time and date.
[c] Depending upon factors such as the area of operation, size of the market, etc. the District committee to decide the number of farmers per day that may be permitted.
[d] On the appointed day and time, the farmers to bring a sample of the produce for sale to the Yard. After price of sale is fixed, either the traders may pick up the produce from the farm of the farmer or as mutually decided between the farmers and the traders, the produce be delivered by the farmers to the factory or godown or any other place. If social distancing is properly followed and maintained, then the farmers may be permitted to bring their produce to the Yard. However, in such a case, they would be required to sit in their respective vehicles and the traders would chronologically, bid on the produce and the produce may then be sold on the basis of the auction conducted in the aforesaid manner. [e] All persons working in the Market Committee, such as traders, commission agents, farmers, need to be provided with full facility of sanitising, masks and gloves. Temperature of all persons in the Committee shall be measured using Infra-Red Thermometer Guns. Page 13 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020
C/WPPIL/42/2020 ORDER [f] If any person does not following the guidelines of sanitisation, wearing of masks or gloves, then the responsibility of such person shall lie on the shoulders of the APMC and such person shall have to be compulsorily removed from the premises.
[g] If the yard in a particular place, is same for vegetables and food grains, then separate timing for their respective sales, shall have to be fixed. [8] A few guidelines passed by the Agricultural Produce Market Committee, Ahmedabad:
[a] Timing of purchase in Jetpur Market yard would be from 7:00 pm to 7:00 am.
[b] Days to be fixed for entry of farmers from different villages.
[c] Number of vegetable carts to be restricted to one, per trader.
[d] Only one driver plus one person would be permitted to bring vegetables through vehicles.
[e] Entry only through sanitisation tunnel. Masks to be worn by all persons in the Committee.
[f] Temperature of all persons entering the yard to be measured using infra-red thermometer gun."Page 14 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020
C/WPPIL/42/2020 ORDER 8 The above note gives in detail regarding distribution
of the food grains, food baskets, problems faced by the APMC and the steps taken to remove the same, making the APMCs functional and the guidelines issued for the said purpose.
During the course of arguments, Shri Trivedi, learned Advocate General further submitted that insofar as the promise to transfer cash amount of Rs.1,000/- to all the ration card holders and other persons, survey is being carried out by the Government as approval by the Competent Authority has been granted and very soon the said transfer of funds would start in phased manner.
The status as may exist after two weeks be placed on record by way of a fresh report.
8.1 Shri Kavina, learned Senior Advocate further submitted that the food baskets contain whole grains and no oil or spices and as such the same is inadequate and incomplete. According to him the State must also provide cooking oil as also basic spices and further that wheat flour be provided instead of whole wheat. In response, it is submitted by Ms. Manisha L. Shah, learned Government Pleader, that the food basket contains wheat, rice, pulses, salt and sugar. She has expressed certain reservations in providing wheat flour as the same would require extensive checking of contamination and adulteration Page 15 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER and it would be difficult to control and manage its quality and any kind of adulteration. She has further assured that the State would revisit the request made and if found appropriate, some basic items like cooking oil and spices may be added. This takes care of reliefs claimed in Civil Application No.4 of 2020 and accordingly the same stands disposed of.
9 Shri Anshin Desai, learned Senior Advocate while pressing Civil Application No.5 of 2020 in Writ Petition (PIL) No.42 of 2020 submitted that appropriate steps ought to be taken under the provisions of the Disaster Management Act, 2005 in particular Sections 12 and 13 of the said Act. Shri Desai, submitted that under Section 12 of the 2005 Act the widows and orphans are also covered in addition to other category of persons for providing them basic amenities like food, shelter, sanitation, etc. and such persons are not being taken care of by the State, in particular referring to widows and orphans. Shri Trivedi, learned Advocate General in response submitted that may be in some stray cases such widows and orphans are left out, but by and large the State is taking care of all cross-sections of the society and providing them the basic amenities. We may record here that in our previous orders, the details provided by the State in its report regarding shelter Page 16 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER homes, beggar homes, child care institutions, are already mentioned in detail. We, however, only provide that in case Shri Desai learned Senior Advocate or any other person notices such beggars or orphans not being provided basic amenities, they may inform not only the State Authorities, but also the learned State Law Officers, whereupon the said concern would be looked into. 9.1 Shri Desai also submitted that under Section 13 of the 2005 Act there is provision for relief in loans, whereas, the Central Government has only provided moratorium for three months where after the loan would be liable to be paid along with interest even for this three months of moratorium. Shri Desai submits that this does not amount to any relief being granted and as such appropriate directions may be issued. In our considered opinion this submission does not require any consideration at this stage and the same ought to be raised at the subsequent stage when the Central Government takes final decision on the above issue by filing appropriate petition and not by way of Civil Application provided the same is not already under the consideration by the Supreme Court as large number of issues relating to the crisis situation are pending before the Supreme Court. We accordingly decline to consider this submission. In view of the above Civil Application No.5 of 2020 Page 17 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER in Writ Petition (PIL) No.42 of 2020 stands disposed of. 10 Writ Petition (PIL) No. 47 was filed by Shri Sanaullahkhan Rustamkhan Pathan through learned advocate Shri Nabilkhan F. Yusufzai praying for appropriate steps to be taken for checking the pandemic of COVID-19 in the Sabarmati Central Jail and also for testing of the prisoners and providing masks and sanitizers. The second relief claimed was for taking a lenient view for Parole, Furlough and temporary bail. This petition, in our considered opinion, does not require any further consideration as necessary steps have already been taken by the State and the situation in jails is also being monitored by the Supreme Court. This petition thus stands disposed of. 11 Writ Petition (PIL) No. 48 of 2020 was filed by learned Advocate Shri Sikander Saiyed praying for appropriate directions for appointment of volunteers from every society to ensure food and basic daily necessities, issuance of curfew pass for the volunteers, allowing areas for temporary creation of the tents for preparing food and delivery and to enable the authorized volunteers to track the hungry and to provide them food. Further a draft amendment is also filed raising certain concerns regarding prisoners in jail of certain categories and for children Page 18 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER below 10 years to ensure their safety and keep them away from the spread of COVID-19. An additional issue raised is regarding taking over Private Hospitals and Nursing Homes by the State for treatment of patients. We may record here that the State Government and all its concerned departments are already taking care of appropriate steps to ensure the safety and well- being of all cross-sections of the society, and therefore, no specific direction is required. This Court expects and trusts that the State Government will continue its endeavour to ensure the safety for all. Learned Advocate General, Shri Trivedi, has submitted on the previous date and today also that as and when required necessary help from non-governmental organizations and volunteers willing to extend their help would be taken. According to him, the Government has enough infrastructure as of today to take care of the situation. He, however, does not dispute that lot of non-governmental organizations and volunteers are also extending their help at their own level without intervention of Government. In view of the above, this petition does not require any further consideration and stands disposed of.
12 Writ Petition (PIL) No.49 of 2020 was filed by learned advocate Shri Tatvam K. Patel as party-in-person for direction to Page 19 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER not to arrest any person within the State of Gujarat till the normal functioning is restored. We may record here that such sweeping and blanket orders cannot be issued. In the present crisis, it is upto the wisdom of the State Government to deal with the situation in best possible manner. In our previous order dated 27.03.2020, we had already provided that in case any arrests are made, the Government would take all precautions to ensure that any accused entering the jail is clean of the virus and he is admitted to jail only after undertaking tests and all precautionary measures. Accordingly, this petition also does not require any further consideration and accordingly it stands disposed of.
13 Writ Petition (PIL) No.50 of 2020 is filed by Dr. Prabha Kishore Taviad through learned advocate Shri Dhruvik K. Patel praying for appropriate directions to the State respondents to ensure enough stock of Personal Protective Equipment (PPE) be maintained for health workers across the State of Gujarat. In our considered opinion, this petition does not require any further consideration in view of the submissions of the learned Advocate General recorded in the previous orders that all necessary care and precautions including use of PPE wherever necessary is being ensured. Accordingly, this petition Page 20 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER stands disposed of.
14 Writ Petition (PIL) No.51 of 2020 is filed by learned Advocate Shri Shrikrishna S. Acharya as party-in-person praying for direction to the respondent State to provide food / meals to the under-privileged and poor workers, beggars, children and street mongers, etc. Shri Trivedi, learned Advocate General has stated that apparently a wrong impression was created that the State is extending help only to ration card holders. As per his instructions, food / meals is being provided to one and all in need irrespective of the fact whether they are ration card holders or not. Further, according to him, all categories of persons mentioned in the petition are being taken care of by the State Government. He has further assured that in case any one finds that food / meals is not being provided to persons of any category, he / she is free to approach him or learned Public Prosecutor or learned Government Pleader on their respective emails or through message and the issue would be immediately attended. Thus, the above would take care of the reliefs claimed in the said petition and accordingly it stands disposed of in terms of the statement made by learned Advocate General. Page 21 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020
C/WPPIL/42/2020 ORDER 15 Writ Petition (PIL) No.52 of 2020 has been filed by Shri Ramesh Rajeshwar Shrivastav and Shri Vipul Pravinchandra Pandya through learned Advocate Shri
P.B.Rupala. This petition contains almost 20 reliefs relating to social security, water, sanitation, food security, health, housing, education, communicating, etc. This is one of those writ petitions which has been filed recklessly and without any sense of responsibility. Simply prayers of anything and everything under the sun have been claimed. However, Shri A.J.Yagnik learned counsel appearing for learned advocate Shri Rupala confined his submissions to sugarcane migrant workers known as `KOITA' in the south Gujarat area, also with respect to inter- state migrant workers in Surat city and surrounding areas. He also referred to textile workers and power loom workers staying in clusters to the extent of 7.5 lakhs from the states of Orissa, Utter Pradesh, Bihar and West Bengal and also construction sector migrant workers to the tune of 2.3 lakhs from the states of Bihar Orissa and West Bengal and also workers working in units at Hazira Industrial Belt to the tune of 1.5 lakh inter-state migrant workers, 35,000 truck drivers and conductors and also workers working in the diamond industry to the tune of 3.5 lakhs to 4 lakhs. According to Shri Yagnik these workers need to be provided with basic amenities of food and shelter and also Page 22 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER basic living conditions in order to avoid spread of COVID-19. A brief note given by Shri Yagnik is reproduced below:
"NOTE Subject: Writ Petition [PIL] No. 52 Of 2020 [1] With Respect to Sugarcane Migrant Workers known as "Koita"
Strength: Around 90,000 workers from Maharashtra. There are 38,000 families.
[The Harvesting Season comes to an end in April and before the Harvesting season could come to an end, in March, the lockdown was announced and hence more than 90,000 workers from Maharashtra who are working as sugarcane workers in four districts of South Gujarat, namely, Bharuch, Surat, Valsad and Navsari have been stranded. Since the harvesting season was yet to come to an end, hence the workers have not been paid wages by the farmers/contractors. Moreover the workers are not allowed to live in villages because of the apprehension/s surrounding the spread of Corona virus and hence all of them have been living in clusters, wherever they can. No wages by employer and no assistance of any sort has been provided to them till date.] Source of Information:
Dr. Kiran Desai [Centre for Social Studies, Surat] [M] +91 9879360057 Mr. Sudhir Katiyar [ Prayas NGO] [M] + 91 9414296542 [2] With Respect to Inter State Migrant Workers in Surat City and Surrounding Areas [A] Textile Workers/ Power Loom Workers [Staying in Clusters] Page 23 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER Strength : 7.5 Lacs inter- state migrant workers from Odisha, UP, Bihar and West Bengal Locations:
i] Paandesara
ii] Vadod
iii] Bamroli
iv] Bhestan
v] Unn
vi] Laskana
vii] Sayan
viii] Delhad
ix] Pipodara - Kim
[B] Construction Sector
Strength: More than 2.5 to 3 Lacs Inter- state migrant Workers from Bihar, Odisha and West Bengal.
Locations: South Surat, Sachin and adjoining areas From Umra to Udhana Magdalla and Magdalla to Sachin, Dumas, Bhatar Althan Bamroli.
[C] Workers working in Units at Hazira Industrial Belt Names of Industries Located in Hazira Industrial Belt i] ONGC;
ii] L & T;
iii] Kribhko
iv] Reliance
v] Adani
vi] Essar
vii] Shell
viii] IOC
Strength: More than 1.5 Lacs inter-state migrant workers and about 35,000 truck drivers and conductors (Staying in Clusters and Colonies mushroomed in the agricultural farms.
Locations:Page 24 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020
C/WPPIL/42/2020 ORDER i] Hazira ii] Juna Gav (Shivrampura) iii] Mora; iv] Bhatlai; v] Damka; vi] Rajgari; vii] Ichhapur viii] Bhatpor; ix] Bhatha; x] Kavash [D] Worker working in Diamond Industry Strength: 3.5 to 4 Lacs
At Present: Inter State Migrant Workers who are stranded and belonging to UP, Bihar and Rajasthan are 1.5 Lacs. They reside in clusters.
Location: Varachha and adjoining area [Food: The inter- state migrant workers working in the above four sectors do not receive food regularly. Moreover whenever food is provided it is in very less quantity and the quality too is very abysmal. Ever since the lockdown, the workers have been starving and no proper food security has been provided by the state. Assistance in the form of Cash and Kind: No assistance in the form of cash or kind has been provided till date by the state.
Hygiene and Sanitation : These workers have not been provided with any sort of material or assistance to maintain their hygiene and hence are at a larger risk of getting infected.] Source of Information:
Dr. Kiran Desai [Centre for Social Studies, Surat] [M] +91 9879360057 Mr. Sudhir Katiyar [ Prayas NGO] Page 25 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER [M] + 91 9414296542 Mr.Vipul Pandya [ Bandhkaam Mazdoor Sangathan] [M] + 91 9427263563 Mr. Jayesh Patel aka Jayesh Pal [President, Gujarat Khedut Samaj] [M] + 91 9909017399 Mr.Krishnakant Chauhan [Representative of National Alliance of People's Movement and PUCL, Gujarat] [M] + 91 9426608075"
Learned Advocate General, Shri Kamal Trivedi, upon instructions, states that the Government is not only bound to but has already taken up the grievances raised by Shri Yagnik and he assured that all necessary steps would be taken in this regard if not already taken. In view of the assurance given by learned Advocate General, this petition does not require any further consideration and accordingly it stands disposed of. The Court expects and trusts that the State would be vigilant and do its best to ensure that all necessary help is provided to the categories disclosed by Shri Yagnik in his note. 16 Writ Petition (PIL) No.53 of 2020 has been filed by International Human Rights Association through learned advocate Shri Dilip Kanojiya. The relief claimed is for direction to the insurance companies to extend time for paying premiums Page 26 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER for health insurance policies similar to life insurance policies. Learned counsel Shri Kanojiya has stated that the relief as claimed has already been granted and as such this petition does not require any further consideration. Accordingly, it stands disposed of.
17 Writ Petition (PIL) No.54 of 2020 has been filed by Shri Shaikh Kamran Ahmed through learned Advocate Shri N.K.Majmudar praying for half a dozen reliefs relating to carrying out of medical tests to residents of hutment dwellers in the city of Surat in the vicinity of textile industrial units, dying and printing units, textile colouring industries, textile markets and on the basis of the medical tests conducted to provide further medical treatment and other ancillary reliefs including providing them food, essential articles, grocery, etc. We may record here that the State is not only obliged but under a bounden duty to take care of all such sections of the society. Already efforts are being made for which the State has earlier submitted its report and even today learned Advocate General stated that adequate care is being taken to ensure medical and other essential facilities being provided to such section of society not only in Surat but in the entire State. In view of the statement made by learned Advocate General, this petition does not require any Page 27 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER further consideration and it stands disposed of. 18 Writ Petitions (PIL) Nos.55 and 60 of 2020 have been filed by learned Shri Khemchand Rajaram Koshti as party in person. The reliefs claimed in these petitions for appropriate direction to the respondent State to increase the testing capacity for Corona Virus by way of increasing the number of testing centers and also by increasing testing capacity of the existing laboratories to provide unrestricted testing to all the symptomatic / suspect and contacts of confirmed positive cases. Further prayer is by way of interim relief to issue press release. It is also prayed that the respondents to provide masks and food etc. to the police, home guards and traffic brigade as well as adequate number of masks and other PPE to nurses. Both these petitions do not contain the basic foundation as to why such reliefs are claimed when the State is already making all out efforts to carry out its obligation of checking and controlling and treating all affected by the same. Shri Kamal Trivedi, learned Advocate General had earlier intimated upon instructions that testing is being done as and when required and as per the existing facilities available with the Government. According to Shri Trivedi, it is not practically possible to test everyone, but as and when symptomatic patients are detected, immediate testing Page 28 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER is done and upon such patient being found positive, his family members and all those persons, who had in the recent past come into contact to the said positive detected patient, are also tested. We only wish to emphasis that testing should be done to the fullest capacity as and when need arise and there should be no avoidance or exception for not testing any suspect as this may not come out with the clear picture of the positive cases. As Shri Trivedi has given his assurance that the same would be done, we are not issuing any directions, but we hope and trust that the Government with full sincerity and commitment continue to the testing to its fullest capacity wherever and whenever the need arises. We may also record that no blanket direction can be issued as prayed by the petitioner for testing everyone. Insofar as prayer for providing masks, food, etc. to the attending staff of the health centers and the administration is concerned, the assurance is already recorded in previous orders as given by the learned Advocate General. Both the petitions thus stand disposed off in view of the above assurance and observations. 19 Writ Petition (PIL) No.57 of 2020 has been filed by learned advocate Shri Tushar Lalitbhai Sheth as party-in-person praying for granting temporary bail to the prisoners within the State for a period of 2 months where such prisoners are facing Page 29 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER trial or have been convicted for offences punishable up to 7 years or less not only under the Indian Penal Code, but also under other special Acts. We may record here that under the orders of the Supreme Court a High Power Committee was constituted, which has already made its recommendations with respect to offences covered by IPC. However, so far as Special Acts are concerned, the High Power Committee is requested to reconsider the issue at the earliest. The petition does not require any further consideration and thus stands disposed off with the above request.
19.1 We may also record here that Shri Yatin N. Oza, learned Senior Advocate also intervened in the PIL being the President of the Gujarat High Court Advocates Association and was heard. Shri Oza also made similar submissions regarding Special Acts being considered by the High Power Committee for inclusion in its recommendations, in which we find substance and accordingly the above request has been made to the High Power Committee.
19.2 Shri Oza, learned Senior Advocate further submitted that functioning of Courts through video conferencing may be extended to all Judges and pending matters may also be listed. Page 30 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020
C/WPPIL/42/2020 ORDER He also submitted that the Court may also consider directing the State not to check the movement of the lawyers and their clerks to procure their files and records from their offices situated outside the High Court premises and their Chambers within the High Court campus. He also submitted that at this stage of crisis, the Registry may not raise office objections strictly, but lenient approach may be taken because of various hardships being faced by the lawyers, especially the young members of the Bar. With regard to the above submission, we may only record that same are being considered on the administrative side for which appropriate orders are being issued from time to time and these are the issues which need not be considered in this PIL on the judicial side.
20 Writ Petition (PIL) No.58 of 2020 is filed by learned advocate Shri Himanshu Chandravadan Desai as party-in- person. Shri Desai has not appeared to press this petition. The same is accordingly dismissed for want of prosecution. 21 Writ Petition (PIL) No.59 of 2020 has been filed by Shri Alak Anandkumar Pandya through learned Advocate Shri Asifali A. Ansari praying for direction to the High Power Committee to consider the detenues of PASA Act for the release Page 31 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER on temporary / interim bail in the State of Gujarat in view of the health crisis due to outbreak of Corona Virus (COVID-19). We are afraid that such relief can be granted as the High Power of Committee is constituted under the order of the Supreme Court and its scope and domain was spelled out by the Supreme Court. Thus, we are not inclined to issue any such direction to the High Power Committee. However, it will be for the High Power Committee to consider whether detenues under the PASA are covered within its domain or not. The petition thus stands disposed of.
22 Writ Petition (PIL) No.61 of 2020 has been filed by Shri Shah Bhavik Shaileshbhai through learned Advocate Shri Dharmesh C. Gurjar praying for the following reliefs:
"[a] YOUR LORDSHIPS MAY BE pleased to direct Finance Minister of Gujarat State and Union and concerned authority and concerned persons have to allotted Budget for poor, middle class families and victim for all types of helps and stop violation of fundamental rights and human rights Nirbhay Human Rights Organization purely works for objectives of Whistle Blower of Rs.1000 Crores for Larger Public Interest.
[B] YOUR LORDSHIPS MAY BE pleased to direct authority to Provide Strong SPG or Z+ protection to Whistle Blower in the Larger Public Interest.
[c] YOUR LORSDHIP MAY direct State and Union Government Finance Department to pay Compensation with Page 32 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER Rs.1`0,000 before Court in this matter till final disposal for the larger public interest.
[d] YOUR LORDSHIPS MAY BE pleased to Direct concerned Authority separately compulsory Reserve or Appoint and presence of the main Petitioner-Whistle Blower seat in the Legislative Assembly of Gujarat and Parliament of India for the Larger Public Interest.
[e] YOUR LORDSJHIPS MAY BE Pleased to Furnish and Produced Information / Records from Police Commissioner of Ahmedabad pursuant to RTI Application of the Petitioner Dated 27.01.2020 according to Section 91 & 93 of CR.PC. under these Jurisdiction of this Hon'ble Court of the record of VIP and VVIP Protection in Ahmedabad and All Gujarat State. [f] YOUR LORDSHIPS MAY BE pleased to direct concerned authority to provide kits of essential commodities of good quality and proper quality as per representation At Annexure I to the needy, poor class and middle class family, victims.
[g] YOUR LORDSHIPS MAY BE pleased to direct concerned authority respondent no.8 DGP of Gujarat to provide permission letter to go place to place and house to house and all Government Officers for representation and help of needy poor persons and victims in all over Gujarat by any four wheeler and two wheeler in terms of Annexure J in the petition.
[h] Grant such other and further reliefs as this Court thinks fit and proper in the interest of justice."
The reliefs claimed in this petition do not make it Public Interest Litigation. It appears to be a personal interest litigation as the petitioner himself claims to be a whistle blower running an organization by the name of Nirbhay Human Rights and wants the Government to provide all kinds of facilities to whistle blowers. As such this petition is not falling within the Page 33 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER domain of Public Interest Litigation. Accordingly, this petition stands dismissed.
23 Shri Devang Vyas, learned Assistant Solicitor General of India in continuation of his earlier report submitted by the Central Government has placed further report, according to which the Ministry of Home Affairs has further identified around 1476 foreign nationals who entered India on tourist visa and have indulged in Tablighi activities violating visa norms. Accordingly the Ministry of Home Affairs has issued lookout circulars against such foreign nationals. The further report placed today is reproduced below:
"Further report pursuant to the hearing dated 17.04.2020 i.e. today In furtherance of the earlier report submitted, the present report is being filed to bring on record sub sequent additional aspects on the record of this Honourable Court. It is submitted that the Ministry of Home Affairs has further identified around 1476 foreign nationals who entered India on tourist visa and have indulged in tabligh activities violating visa norms and has issued lookout circulars against such foreign nationals, which are circulated to the concerned Authorities to ensure that such foreign nationals not only join the investigation, but are also identified; and it is ensured that they do not leave the country though immigration channels. A list of such 1476 foreign nationals along with their passport numbers and a country-wise list of persons is attached herewith and marked as Annexure-I and Annexure-
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C/WPPIL/42/2020 ORDER
Date : 17.4.2020
Place : Ahmedabad _________________
Devang Vyas
Assistant Solicitor General of India"
24 Shri Ramnandan Singh, learned counsel appearing
for the Ministry of Railways has placed on record a
communication dated 14.04.2020 by the Ministry of Railways extending the cancellation of passenger train services till 03.05.2020 as also a note dated 31.03.2020 regarding conversion of rail coaches to serve quarantine facilities. The same is also reproduced below along with chart mentioning number of coaches to be converted:
"Government of India Ministry of Railways Railway Board FAX/COIS MAIL ISSUED ON 14.04.2020 THE GENERAL MANAGER COPY TO:
INDIAN RAILWAYS PCOM & CPTM/INDIAN
RAILWAYS & MD/KRCL
Sub : Extended Cancellation of Passenger Train
Services
In continuation of the measures taken in the wake of COVID-19, it has been decided that the cancellation of all passenger train services on Indian Railways, that is, all Mail/Express (including premium trains); suburban trains and trains of Metro Railway, Kolkata shall be extended till 3 rd Page 35 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER May 2020. For the cancelled trains, full refund of fares shall be arranged to the passengers.
Resumption of train services as may be warranted in consideration of public safety, keeping in view the emergent situation, shall be announced in due course. No advance reservations shall be made until further advice.
Freight and Parcel operations shall continue, as at present.
Zonal Railways are advised to ensure strict adherence to the above instructions. Arrange wide publicity through print and electronic media. Confirm action taken.
REDDY / RAILWAYS(.) Sd/-
14.04.2020 (A.P.SINGH) JT. DIRECTOR/TT/PUNCTUALITY RAILWAY BOARD Copy to: AM/Traffic, AM/Commercial, AM/T&C, EDPM,MD/IRCTC, ED/IP, PS/CRB, PPS/MT, PPS / MRS, PPS/MTR, PPS/FC, PPS/ME, PPS/MS and PPS/AM Staff, PS to Hon'ble MR, PS to Hon'ble MOSR.
Government of India Ministry of Railways Railway Board No. 2019/M (C)/202/1 New Delhi, Dt. 31. 03. 2020 General Managers All Zonal Railways
Sub: COVID-19 - Conversion of coaches to serve as quarantine/isolation facilities.
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C/WPPIL/42/2020 ORDER Ref: (i) Railway Board's VC on COVID-19 Pandemic dt 25.03.2020, 30.03.2020 & 31.03.2020
(ii) Railway Board's letter of even number dated 30.03.2020 Detailed instructions for conversion of WGSCN coaches into isolation facilities for COVID-19 patients were circulated with approval of Board (MRS, MTR, FC, DG RHS and MT) vide this office's letter at reference (ii) above. Targets for conversion of WGSCN coaches were also conveyed. It was also instructed that only coaches with more than 15 years life would be taken up for conversion.
2 In the VC held on 31.03.2020, many zones have conveyed that they may not have sufficient numbers of WGSCN coaches of more than 15 years vintage available with them for conversion. It has therefore been decided that all zones may also convert Hybrid WGSCN, GS coaches and GS Hybrid coaches to make up the total number of coaches to be converted into isolation facility. The zone wise target are again enclosed at Annexure 1.
3 For conversion of ICF/Hybrid GS coaches into Quarantine/isolation coaches, the following shall be kept broadly in mind:
a. One Indian style toilet to be converted into a bathing room.
i] This can be done by placing wooden batten structure/Chequered sheet on the entire lavatory floor which also covers the squatting pan and does not create any level difference on the floor.
ii] It is to be equipped with bucket, mug and soap dispenser also.
iii] Taps with lift type handle/long handle will need to be provided in washbasins.
iv] Similar tap to be provided at proper height so that bucket can be filled.Page 37 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020
C/WPPIL/42/2020 ORDER b. The first cabin near the bathing room shall be provided
with two hospital/plastic curtains transversely in the aisle so that the entry and exit to the entire cabin can be screened off.
i] This cabin will be used as store/paramedics area.
Ii] Two Oxygen cylinders will also be provided by the Medical department for which suitable clamping arrangement on the side berth side of this cabin may be provided.
c. Extra bottle holders shall be provided in each cabin for holding medical equipment, two for each berth.
d. Extra 3 peg coat hooks, 2 per cabin to be provided e. Mosquito net to be provided on windows to avoid mosquito's entry inside and have proper ventilation too.
f. Each cabin will be provided with 3 dustbins with foot operated lids of Red, Blue and Yellow Colour suitably lined with garbage bags.
g. All charging points for laptop and mobile to be functional.
h. It must be ensured that all amenity fittings are in place, upholstery is in good condition and broken panels etc. are replaced.
4. No Insulation of Bamboo Chic/Khus etc is to be provided for either WGSCN coaches as advised vide Board's letter at reference (II) or GS quarantine/isolation coaches. The coaches shall be intensively cleaned before being offered for occupation.
5. The Zonal Railways are advised to plan for the above modifications immediately and advise the date of readiness of these rakes to Board immediately. Converted GS coaches rakes and converted WGSCN coaches rakes are to be maintained separately.
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C/WPPIL/42/2020 ORDER
6. Utilisation certificates will need to be furnished to Ministry of Health and Family Welfare (MoH&FW) and Ministry of Finance (MoF). It is desirable that all details of coach modifications, purchases, and manufacture of various items, sanitation and cleanliness, pertaining to COVID-19 are separately and concurrently captured.
7. This issues with the approval of MRS and MT.
(Vinay Srivastava) Exe. Dir. Mech. Engg. (Chg.) Railway Board Annexure 1 to Letter number No. 2019/M (C)/202/1 dt 31/03/2020 Sl. Zone Number of Coaches to be No. converted 1 CR 482 2 ER 338 3 ECR 208 4 ECoR 261 5 NR 370 6 NCR 290 7 NER 216 8 NFR 315 9 NWR 266 10 SR 473 11 SCR 486 12 Ser 329 13 SECR 111 14 SWR 312 15 WR 410 16 WCR 133 IR 5000 25 The Court taking judicial notice of news reports regarding hundreds of women thronging the street within the Page 39 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020 C/WPPIL/42/2020 ORDER Jamalpur locality and area covered by Jamalpur Police Station where although curfew was imposed only on 14.04.2020, but was lifted for three hours on 15.04.2020. It appears that the administration was careless in simply lifting the curfew for providing provisions etc., but did not plan out the modalities as to how to deal with such huge numbers by appropriately doing it in phased manner and in presence of adequate security. Learned Advocate General was called upon to respond to the same as such thronging would be destroying the entire previous efforts of social distancing and violating the norms of Lockdown issued by the Ministry of Home Affairs at this critical stage. The Court also cautioned that the State must take all care and precautions while distribution of food grains, provisions, etc. or where relaxation is being provided people should not come out on streets in crowd and rub shoulders to shoulders. Shri Trivedi has accepted that crowding took place, but according to him, it was unexpected and there was no deliberate mischief involved in it. However, steps have now been taken in this regard to ensure that no such incident happens again. A brief note regarding steps taken to prevent such gathering is reproduced hereunder: Page 40 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020
C/WPPIL/42/2020 ORDER "Respondent State's Note on an Incident of Crowding in one of the Curfew Imposed Areas on 15.04.2020.
[1] In certain areas of the Walled City such as Jamlpur having a population of 5 lakhs in a congested area, a decision to impose curfew had to be taken in the evening of 14.04.2020, considering the same being a hotspot of Covid- 19 infection.
[2] However, keeping in mind the requests from the local representatives of the concerned areas, it was decided to give a relaxation from 1:00 p.m. to 4:00 p.m. on each day only to the lady members of the family, so as to enable them to obtain daily necessities from a declared place where the Ahmedabad Municipal Corporation would arrange to provide for the same. At the same time, it was also announced that it was necessary to observe the usual norms of social distancing during the aforesaid relaxation period. [3] In spite of the above, on the first day of curfew, i.e. 15.04.2020, in the first hour of relaxation, there was an unprecedented exodus of women coming out to procure their daily necessities, with the result, the norms of social distancing were not observed. Immediately, women police officers were pressed in service and announcements were made from the loud speakers to maintain social distancing and thereby, social distancing could be gradually maintained.
[4] In view of the above, an urgent meeting was held in the evening of 15.04.2020 to decide as to:
[i] whether the relaxation period should be cancelled and total curfew should be imposed;
or [ii] to effectively manage the lady members coming out in the relaxation period for their daily necessities, so that social distancing norms may be observed.Page 41 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020
C/WPPIL/42/2020 ORDER [5] Ultimately, a decision was taken to follow the latter course of action with the following additional steps, and to observe the situation for a period of two days, i.e.
16.04.2020 and 17.04.2020, on the basis of which, a further decision would be taken in the evening of 17.04.2020:
[a] To have a larger force of women police officers present with a view to enforce the norms of social distancing;
[b] To have a scattered/distributed arrangement for supply of daily necessities so that a huge crowd is not gathered at one place;
[c] To increase the quantum of the daily necessities;
[d] To deploy more senior officers of the rank of Additional D.G. to exclusively oversee the arrangement in the curfew bound areas of Ahmedabad city.
[6] Fortunately, the scenario that had occurred on 15.04.2020, did not take place on 16.04.2020 and the crowding situation was much better as compared to the day prior and steps were taken to ensure that social distancing is maintained.
[7] Today, i.e. 17.04.2020, the relaxation period is presently on-going and the situation appears to be better than yesterday. However, a further decision would be taken as mentioned above, after observing the whole of the relaxation period."
26 Let this matter be again listed on 01.05.2020. By the next date further reports as may be required by this order may be submitted by the State as also by other authorities. Page 42 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020
C/WPPIL/42/2020 ORDER 27 The Registry to send copy of this order to all
concerned including print and digital media today itself by fax, email, WhatsApp or by special messenger.
(VIKRAMNATH,CJ) (ASHUTOSHJ. SHASTRI,J) P. SUBRAHMANYAM Page 43 of 43 Downloaded on : Mon Apr 20 20:25:39 IST 2020