All HC | “Two individuals should remain two yards away and wear masks” seems to be an empty shibboleth coined by Government; Directions issued to follow social distancing

Allahabad High Court: A Division Bench of Siddhartha Varma and Ajit Kumar, JJ., while addressing the matter observed that the following rule, “Two individuals should remain two yards away and wear masks” seems to be an empty shibboleth coined by the Government.

Court furthering its observations stated that neither the government is looking interested in implementing the above rule nor the people of Uttar Pradesh are interested in following the said rule.

Shops are surrounded by people without complying with the norm of social distancing of two yards.

Advocate, Ram Kaushik, brought certain photographs on record from which it is certain that Unlock-1, 2 and 3 have been misunderstood by the people of Uttar Pradesh.

Either the people have not been told to maintain social distancing or they have chosen to flagrantly violate the principle of maintaining social distance.

Shopkeepers will have to be told that crowding at their shop would be of no help and even may invite coercive measures against them.

Hence, police along with the District Administration will have to see that people who crowd at shops should queue up with a distance of two yards in between two individuals.

“Nagar Nigam Administration is not only proceeding at a snail’s pace but it has mostly remained a passive spectator of the encroachment activities in various parts of the city.”

Also, it can be then expected for social distancing norms to be followed in letter and spirit, if such unauthorised encroachers are permitted to carry out commercial activities in every nook and corner of the city.

Further, the Government is coming up with various data to show that things are under its control but newspaper reports are not very encouraging. There are complaints that people, though have been tested for COVID-19 but have not yet received their reports even after a lapse of two or more weeks.

Chief Medical Officer has been directed to file an affidavit stating the pending COVID-19 reports already tested and reports received and delivered date-wise from 20th July, 2020 till 5th August, 2020.

Bench also added to its observations that, the rule of maintaining 2 yards distance has to go on till the time there is either a cure of the Corona Virus or there is a vaccine for the general public.

Court issued the following directions:

  • State Authorities to see vigorously that no two individuals in public remain within a distance of two yards from each other.
  • If any public place is found where people fail to maintain a distance of two yards from each other then the owner of the premises, where the violation of this Rule is found, should be brought to book and the premises should be closed down.
  • If policemen etc. are not enforcing rules of distancing then action should be taken against them.
  • If there is crowding seen at O.P.Ds of hospitals, Nursing Homes and Clinics then action must be taken against them.
  • If within an hour of the starting of the functioning judicial institutions, it is found that crowding is happening and physical distancing is not being maintained by individuals on whose shoulders the judicial institutions function then the Bar Association, the Registry and the District Administration should step in and see that proper physical distancing is maintained.
  • Administration to remove all encroachments within the time limit as was provided to the Nagar Nigam by the Court at an earlier date.
  • No pillion riders except a couple on two-wheelers are to be seated unless there is an extreme urgency.

Matter to be listed on 07-08-2020. [Inhuman Condition at Quarantine Centers and for Providing Better Treatment to Corona Positive v. State Of U.P., 2020 SCC OnLine All 901, decided on 05-08-2020]

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