Case BriefsCOVID 19High Courts

Rajasthan High Court: A Division Bench of G R Moolchandani and Narendra Singh Dhaddha, JJ. while addressing the present petition raised the question,

What steps have been taken to safeguard citizens and to ensure that no unlawful manhandling is perpetrated?

Ashish Davessar, Advocate submitted that while enforcing the nationwide lockdown, general masses were being maltreated and beaten, despite complaints to authorities no remedial steps were taken.

Further he asked for the respondents to be directed that,

if the lawful authority is not being obeyed, then legal recourse be taken against the law and rule breakers and they be not beaten and the errants be deterred from perpetrating such brutality.

“while fighting with the outbreak of calamity, no harm is to be caused to the public, rather transgression of law needs to be taken care of in accordance with law.”

Thus in view of the above, bench stated that they came across several news items regarding the exemplary work being done by the police authorities.

Further they stated that, respondents need to be given an opportunity to reply as to what steps and actions have been taken to safeguard the citizens and to ensure that no unlawful manhandling, canning and spanking, which is not permissible under law is perpetrated.

Notice to be issue to respondents for the same.

Matter is to be listed on 07-04-2020. [Ashish Davessar v. State of Rajasthan, 2020 SCC OnLine Raj 411, decided on 31-03-2020]

Case BriefsCOVID 19High Courts

Karnataka High Court:  A Division Bench of Abhay S. Oka, CJ and B.V. Nagarathna, J. asked the State Government of Karnataka to take cognizance on various significant issues that have been raised in wake of the outbreak of Corona Virus.

Bench while addressing the present petition, appealed the members of the Bar and citizens to not file more PILs with the issues being considered in the present petition.

First Issue: Allegation against the police that they are indulging in indiscriminate lathi charge against persons who are found on streets.

Advocate General as well as Additional Government Advocate brought the attention of the Court to the directions issued by Commr. of Police calling upon police to show restraint.

Bench: It is stated that if Director General and IGP of State issue the same guidelines as stated above all over the State, then there may not be an occasion to make allegations regarding police excesses and police indulging in lathi charge. Court also stated that it is the responsibility to cooperate with administration and police for effective implementation of Order of Ministry of Home Affairs dated 24-03-2020.

Issue of Decongestion of jails in light of directions issued by Apex Court:

A Committee headed by Executive Chairman of Karnataka State Legal Services Authority was constituted that issued directions for implementation of directions issued by Supreme Court. Committee at District level to identify under trial prisoners who are charged with offences for which punishment is upto 7 years or less.

Court invited the Advocate General’s attention to the fact that State should ensure that the prisoner’s released on bail or parole have reached to their respective places.

Parole or Bail have to be undertaken after obtaining due consent of prisoner concerned. State will have to ensure that prisoners released do not suffer and are not required to stay on streets.

Directions have been issued considering rights of the prisoners under Article 21 of the Constitution of India with a view to ensure that spread of Corona Virus within prisons is controlled.

Bench states that it would be appropriate if State Government ensures that police strictly follows the guidelines laid down by Supreme Court in case of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273.

Situation with regard to closure of all Anganwadis in the State:

Supply of hot meal to pregnant women and lactating mothers was being made and even food to the mal-nutritioned children was being provided.

Now this would result in stoppage of food supply. Thus these issues will have to be addressed by the State.

Attention is invited to the fact that all schools have been ordered to be closed : Issue is providing food to the children who were entitled to benefit of mid-day meals.

State Government will have to address the above-stated.

Coming to issue of supply of food to poor people, daily wage workers, people residing o streets, railway platforms etc., suggestions have been made as well as aspect of provision of face masks, sanitizers etc., to this category of persons.

Further the submission made is to reduce congestion in ration shops, State must consider the question of delivery of food grains at door step.

Additional Government Advocate for the State pointed out that State Government agreed to release quota of ration for April, 2020 and May, 2020 to all those holding ration cards.

It would be appropriate if State Government directs Gram Panchayats to take care of food security of the citizens residing within its jurisdiction.

Other Concern: If State is going to supply cooked food to the needy sections through Indira Canteens, it will lead to mass gathering of people which may result in community spreading of disease.

Court stated that State Government is expected to respond the above subject before the next date by producing a comprehensive plan for supply of food grains/food to the needy people, poor people, daily wage workers, people residing on the streets, railway platforms, bus stands etc.

Another issue that arose in front of the Court was that , there are large instances of hoarding of essential supplies and goods. 

Bench in the above regard states that, the State government will apply the available laws strictly and prevent hoarding of essential supplies, as such illegal activities directly affect the supply of essential goods to citizens.

Issue regarding pourakarmikas:

Sarfaraz Khan, Joint Commissioner of BBMP of Solid Waste Management department stated that the equipments as stated therein have been supplied to all the pourakarmikas working under BBMP.

Issue regarding collection of waste/garbage from houses where persons have been subjected to home quarantine:

Bench states that State Government will have to respond by taking special measures on the above regard as apprehensions are that pourakarmikas will be affected by infection.

Every single pourakarmika must be provided with the safety equipment. The State Government will have to ensure that appropriate transport facilities are made available to them.

They play a very pivotal role in the present circumstances.

State Government is expected to exercise plenary powers and issue directions to all municipal bodies to extend all the benefits as discussed and all the benefits mentioned.

Also the State Government will have to take a policy decision of introducing special measures for protecting the above category of workmen.

Another aspect that State Government has to respond on the next date of hearing is number of laboratories available for testing Corona Virus.

Another issue for consideration is of providing food to stray animals, stray dogs etc.

Bench asks the State Government to look into the aforesaid aspect.

It would be appropriate if State Government provides a portal on its website with a request to all NGOs to upload information about the nature of work they are are doing and geographical area of their work. State Government can more effectively take the help of NGOs and infact, allocate different categories of services in different areas.

One of the submissions was regarding seeking direction to Wakf Board to take steps to control large gathering at the time of prayers.

Court makes it clear through this order that,

“the Central Government’s order dated 29-03-2020 will have to be implemented in its true letter and spirit.”

State government will have to take cognizance of the present order and take appropriate steps on the basis of the said order.

Bench directs the listing of these petition on 03-04-2020. [Mohammed Arif Jameel  v. Union of India, 2020 SCC OnLine Kar 391, decided on 30-03-2020]

COVID 19Hot Off The PressNews

In view of complete nationwide lockdown for twenty-one days from the midnight of 24th March 2020, it is hereby informed to all concerned that Notification No. 77/HCS dated 18th March 2020, Guidelines to the District Courts bearing reference No. 78/HCS dated 18th March 2020 and Circular No. 33/Confdl/HCS dated 24th March 2020 will continue upto 14th April 2020.

Sikkim High Court

[Circular dt. 30-03-2020]

Kerala High Court
COVID 19Hot Off The PressNews

ln view of the advisory issued by the Government cautioning against mass gathering to avoid the spread Of Novel Coronavirus (COVID-19) infection and the discussions in the Full Court Meeting held on 20.03.2020, the following interim arrangements are made for regulating the Court Proceedings in all the Courts in the High Court, until further orders:

1. Filing of all papers in the Filing Section of the Registry will be permitted only up to 12.30 p.m.. on all filing days;

2. Only very urgent admission matters will be posted before the Court. Counsel who desire to bring up any fresh admission matter before the Courts, should file a memo along with the admission file, stating specific reasons as to why the consideration Of the matter cannot be deferred till the reopening Of the Court after the Mid-Summer vacation-2020. The Registrar (Judicial) shall, after examining these requests, send only matters which are very urgent before the Court. The Counsel who are aggrieved by the decision Of the Registrar(Judicial) shall obtain prior permission from the Court for posting the case;

3. No petition other than petition for extension of stay/interim order will be posted before the Court. If anyone requires any urgent petition to be posted before the Court, the same can be done only with the prior permission of the Court;

4. Prior permission in respect Of all matters (Single Judge & Division Bench) as required in Sl. No. 2 & 3 above will be issued only by the Division Bench and that too in extremely urgent cases only. In matters relating to Single Judge also, mentioning of urgent matters for prior permission will be granted only in the Division Bench dealing with the subject. No mentioning for prior permission will be permitted before the Single Judge;

5. All petitions in which the stay/interim order expires on or before the reopening of the Court (18.05.2020), will be posted in Court concerned as per the usual procedure. No representation is required for extension of stay/interim orders. Stay/interim order will be extended till the reopening Of the Court and the cases will be posted in the reopening week;

6. No case will be listed normally for hearing in the Courts. No weekly hearing or daily hearing/disposal list will be published. In case Of extreme urgency for hearing, the memo requesting for hearing duly consented by Counsel for all parties in the case shall be filed and the same will be placed before the Honourable Judge concerned and the cases will be posted for hearing as per the orders of the Honourable Judge;

7. In order to reduce the large gathering in the Admission Courts, more number Of Courts will take up admission matters in writs and criminal jurisdiction;

8. In order to avoid the crowding of Advocates/Clerks in the Judicial Sections, the following arrangements will be made:

a) About half the number of Filing Scrutiny Officers will be shifted to a new location near to the present Filing Section, to the maximum extent possible;

b) Help Desk will be provided jn the entrance Of the Copying Section, Court Officers’ Section & Data Entry Section and all papers/query be furnished by the Counsel/Clerks at the Help Desk. Entry inside these Sections will be permitted only in extremely urgent cases and that too when services could not be provided from the Help Desk;

9. The interns/trainees are advised to abstain from attending Courts/Chambers;

10. Staff will be permitted to abstain from attending office on rotation basis. Guidelines/Procedure for regulating the presence of staff jn office will be issued by the Registrar General, after assessing the requirements and taking into consideration government orders in this regard.

Court shall remain closed in 21-03-2020 and 28-03-2020.

High Court of Kerala

[Notice dt. 20-03-2020]