Case BriefsCOVID 19High Courts

Bombay High Court: Bharati Dangre, J., addressed a bail application of a 43 year old person who sought the same for reasons of spread COVID19 in Arthur Road Jail.

Senior Advocate A.H.H. Ponda for the applicant submitted that inmates and staff members have been tested positive in the jail.

He further added to his submission that, applicant is a chronic diabetic patient, hyper tension and high Blood Pressure along with sinus problem and according to studies, persons suffering from such chronic ailments is more susceptible to Corona Virus.

Bench noted that no doubt that the situation is precarious as more than 100 inmates of Arthur Road Jail have been found to have tested positive.

It is for the State Government and policy makers to take a decision in this regard.

Further if the above-stated figures are true, then it is for the authorities to arrange for their affairs and ensure that inmates housed in the jail are not infected by the virus on account of over crowding and need not be reminded of the Right of inmates of a safety and healthy environment as even while incarceration.

There is always a hope and expectation that the jail authorities are sensitive to the aforesaid situation and would take appropriate steps.

Thus, Court held that it is open for the State Government and Jail authorities to take appropriate policy decision to tackle the situation and since no imminent health impediment is reflected in the present application, it stands rejected. [Ali Akbar Shroff v. State of Maharashtra, 2020 SCC OnLine Bom 635 , decided on 08-05-2020]

Hot Off The PressNews

The Chief Justice of the M.P. High Court has ordered to suspend the hearing of cases even through video conferencing upto 3-5-2020 only at the Indore Bench. However, hearing of cases via video conferencing will remain operational at the Gwalior Bench and at the Principal Bench at Jabalpur.

The decision was taken after considering the present scenario and spread of COVID-19 in Indore city. As per the information received by the Court, there are more than 1000 COVID-19 +ve cases and 171 identified hotspots in Indore city, out of which 20 are declared highly sensitive. Notably, 1 employee of the Indore Bench Registry has been found positive for COVID-19 and some officials have been quarantined.    

Earlier, in the wake of unprecedented and uncertain situation due to outbreak of COVID-19, the Court working was deferred from 25-3-2020 to 14-4-2020 by a notification issued by the High Court. The operation of that notification was extended till 3-5-2020.

As per the Video Conferencing and E-Filing Guidelines dated 15-4-2020/16-4-2020, it was directed that urgent matters shall be filed through e-filing or through email and hearing of the cases may be conducted through video conferencing.


Madhya Pradesh High Court

Case BriefsCOVID 19High Courts

Andhra Pradesh High Court, Amravati: A Division Bench of Jitendra Kumar Maheshwari, CJ and M. Satyanarayana Murthy, J. took up the present matter pursuant to the order passed on 01-04-2020 by this Court —In Re. Corona Virus-COVID-19 PANDEMIC.

Concern of taking up the present matter is with respect to the health treatment facilities to patients and doctors, who are facing the Coronavirus cases.

Bench noted that Sri C. Sumon, Special Government Advocate tried to justify the action of the Government referring the chart prepared and rational use of PPE Kits issued by WHO.

Petitioner’s Counsel submitted that Advocates are not in a position to earn their livelihood however in view of the directions issued by by Kerala and Madras High Court, some directions to pay interim amount to Advocates may be issued. Further, looking at scarcity of masks, sanitizers, etc. State Government should provide the same.

Court’s concern after perusal of the arguments and report submitted was that the patients found COVID -19 Positive shifted to Government General Hospital, Eluru are being duly treated with all facilities or not?

Further Court asked for the submission of the report of suspected patients and if some amongst them are found positive then due treatment to be provided, otherwise remaining patients to be kept in supervision/quarantine.

Matter was adjourned with a report being sought from State government with the observation that State authorities shall comply with Supreme Court’s Order dated 31-03-2020 and observe guidelines issued by Centre with regard to treatment to be provided to the patients.

Matter to be listed in the next week on first sitting of Bench. [In Re. Corona Virus-COVID-19 Pandemic, WP (PIL) No. 86 of 2020, decided on 02-04-2020]


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COVID 19Hot Off The PressNews

Union Ministry of Home Affairs (MHA) shared details of foreign and Indian Tabhlig Jamaat (TJ) workers in India with all States on March 21, 2020, after COVID-19 positive cases among these workers surfaced in Telangana.

The swift action was taken with a view to identify, isolate and quarantine TJ workers who might be COVID-19 positive. Instructions were also issued by MHA to Chief Secretaries and DGsP of all States as well as CP, Delhi. The advisories were reiterated by the DIB to all State DGsP on March 28 and 29.

Meanwhile, TJ workers staying in the Markaz in Nizamuddin, Delhi, were also persuaded for medical screening by State authorities and Police. By March 29, nearly 162 TJ workers were medically screened and shifted to quarantine facilities. So far, 1339 Tabligh Jamaat workers have been shifted to Narela, Sultanpuri and Bakkarwala quarantine facilities as well as to LNJP, RGSS, GTB, DDU Hospitals and AllMS, Jhajjar. Rest of them are being currently medically screened for COVID-19 infections.

Usually, all the foreign nationals visiting India as a part of Tabligh team come on the strength of tourist visa. MHA had already issued guidelines that they should not indulge in missionary work on tourist visa. State Police would be examining categories of visas of all these foreign TJ workers and take further action in case of violation of visa conditions.

BACKGROUND

Tabligh Jamaat Headquarter (Markaz) is located in Nizamuddin, Delhi. Devout Muslims from across the country and also from foreign countries visit the Markaz for religious purpose. Some also move out in groups to different parts of the country for Tabligh activities. This is a continuous process throughout the year.

On March 21, approximately 824 foreign Tabligh Jamaat workers were in different parts of the country for missionary work. Besides, around 216 foreign national were staying in the Markaz. In addition, over 1500 Indian TJ workers were also staying in the Markaz while around 2100 Indian TJ workers were touring different parts of the country for missionary work. Since March 23, lockdown has been strictly imposed by State authorities/PoIice across Delhi including in and around Nizamuddin and Tabligh work came to a halt.

Click here to see document on Tabligh Activities in India


Ministry of Home Affairs

[Press Release dt. 31-03-2020]

[Source: PIB]