Case BriefsCOVID 19High Courts

Delhi High Court: Suresh Kumar Sait, J., held that any authority whosoever shall not stop any advocate in NCT of Delhi if he or she produces the Bar identity card or any proof of his/her being an advocate.

The instant petition was filed by the petitioner seeking issuance of a writ mandamus directing respondents to comply with the curfew order dated 19-04-2021 with respect to exemptions granted therein and not to insist/demand for productions of e-pass from the petitioner advocate/other advocates for movement in curfew period, contrary to the aforesaid order dated 19-04-2021 which mandated e-pass only for two categories of personnel.

Further another direction was sought towards the Police Commissioner and SHO PS Dwarka North to take appropriate legal and departmental actions against respondent 6 for violating the curfew orders dated 19-04-2021 as well as insisting and humiliating an advocate of this Court by respondent 6.

ASC for State accepted the notice on behalf of the respondents and submitted that vide instructions issued by Delhi Disaster Management Authority, the movement of advocates is allowed during the curfew on the production of valid ID Card.

Further, he added that on the production of the I-Card of the Bar, any advocate will not be stopped by any police officer and any officer comes under the State Government.

Hence, in view of the above stated the instant petition may be disposed of.

Bench added to its conclusion that no officer of any authority shall humiliate any of the Advocates on production of the Bar identity card or other proof, failing which strict action shall be taken against erring officer as per law.

In view of the above, petition was disposed of.[Dharmendra Kumar v. State of NCT of Delhi, 2021 SCC OnLine Del 2565, decided on 25-05-2021]


Advocates before the Court:

For the petitioner: Mr. Yogesh Gaur, Mr. Darshan, Mr. Amar Phogat, Mr. Satish Kumar Paanchal, Mr. Sanjeev Chopra, Mr. Vinod Dahiya, Md. Azam Ansari, Mohd. Mustafa, Md. Ashfaque Ansari and Mr. Dharmendra Kumar, Advs.

For the Respondent: Mr Rajesh Mahajan, ASC for State

COVID 19Hot Off The PressNews

Government of India will be facilitating the return of Indian nationals stranded abroad on compelling grounds in a phased manner. The travel would be arranged by aircraft and naval ships. The Standard Operating Protocol (SOP) has been prepared in this regard.

Indian Embassies and High Commissions are preparing a list of distressed Indian citizens. This facility would be made available on payment-basis. Non-scheduled commercial flights would be arranged for air travel. The travel would begin in a phased manner from May 7.

Medical screening of passengers would be done before taking the flight. Only asymptomatic passengers would be allowed to travel. During the journey, all these passengers would have to follow the protocols, such as the Health Protocols, issued by the Ministry of Health and the Ministry of Civil Aviation.

On reaching the destination, everyone would have to register on the Arogya Setu app. Everyone would be medically screened. After scrutiny, they would be quarantined for 14 days, either in a hospital or in an institutional quarantine on payment-basis, by the concerned State government. COVID test would be done after 14 days and further action would be taken according to health protocols.

The Ministries of External Affairs and Civil Aviation would soon share detailed information about it through their websites.

State Governments are being advised to make arrangements, including for testing, quarantine and onward movement of the returning Indians in their respective States.


Ministry of Home Affairs

[Source: PIB]

[Press Release dt. 04-05-2020]

COVID 19Hot Off The PressNews

In continuation of Ministry of Home Affairs earlier Orders and in exercise of powers conferred under Section 10(2)(I) of the Disaster Management Act, National Executive Committee ordered the following guidelines to be included in the consolidated revised guidelines for strict implementation:

Sub-clause (iv) under Clause 17 on Movement of persons:

(iv) Due to lockdown, migrant workers, pilgrims, tourists, students and other persons are stranded at different places.

They would be allowed to move as under:

a. All States/UTs should designate nodal authorities and develop standard protocols for receiving and sending such stranded persons. The nodal authorities shall also register the stranded persons within their States/UTs.

b. In case a group of stranded persons wish to move between one State/UT and another State/UT, the sending and receiving States may consult each other and mutually agree to the movement by road.

c. The moving person (s) would be screened and those found asymptomatic would be allowed to proceed.

d. Buses shall bemused for transport of groups of persons. The buses will be sanitized and shall follow safe social distancing norms in seating.

e. The States/UTs falling on the transit route will allow the passage of such persons to the receiving State/UT.

f. On arrival at their destination, such persons(s) would be assessed by the local health authorities, and kept in home quarantine, unless the assessment requires keeping the person(s) in institutional quarantine. They would be kept under watch with periodic health check-ups. For this purpose, such persons may be encouraged to use Aarogya Setu app through which their health status can be monitored and tracked.

The guidelines of MoHFW on Home Quarantine, dated 11-03-2020 may be referred.

To access the Order, please click the below link:

ORDER

COVID 19Hot Off The PressNews

Kindly refer to the Guidelines on lockdown measures to be taken by Ministries/Departments of Government of India, States/Union Territory Governments and State/Union Territory Authorities for containment of COVID 19 epidemic in the country, as notified by Ministry of Home Affairs on 24.03.2020, and clarifications issued subsequently.

2. It has come to the notice of this Ministry that in some parts of the country, the aforesaid guidelines and clarifications are not being implemented in letter and spirit. Specifically,

(i) trucks carrying essential and non-essential goods are being detained;

(ii) workers needed for operation of manufacturing units of essential goods, and other exempted categories are not getting authorizations/ passes for their movement;

(iii) inter State movement of goods and personnel related to categories (i) & (ii) above is getting impeded as passes,” authorizations issued by authorities of one State/ UT Government are not being respected by the authorities of other States/ UTs; and

(iv) operations of cold storage and warehouses are not being allowed.

3. The aforesaid restrictions. with regard to activities specifically permitted by MHA. have the potential of creating shortages of essential commodities. With a view to brining in clarity at the implementation level. the following are being reiterated for strict observance by the authorities at various levels:

i. Inter-state and intra—state movement of al trucks and other goods / carrier vehicles with one driver and one additional person is allowed as long as the driver is carrying a valid driver’s license. This is irrespective of the nature of the cargo, whether essential or otherwise. No further permit or approval would be required.

ii. Empty trucks/goods carriers should also be allowed to operate while on way to pick up goods. or returning after completing a delivery. Hence, there is no cause to stop empty trucks provided they have valid documents such as driving license & road permit etc.

iii. Local authorities should actively facilitate the movement of truck drivers and cleaners from their place of residence to location of their trucks.

iv. Local authorities should facilitate the easy to and fro movement of workers to workplace and back, in respect of al the permitted industrial/ commercial activities.

v. Railways. Airports. Seaports. and Customs authorities have already been authorised to issue passes for their staff and contractual labour. This may be ensured.

vi. Regarding issuance of passes to workers engaged in the manufacturing of permitted categories, the State/ UT Governments are advised to expeditiously issue passes on the basis of authorizations issued by companies/ organizations. The State/ UT Governments shall ensure that these passes are honored both for movement within their State/ UT and in bordering areas of other States/ UTs.

vii. MSMEs engaged in the manufacture of essential items like wheat flour (atta), pulses (dal) and edible oils should be allowed to function freely, without any hindrances.

viii. Warehouses/ cold storage should be allowed to freely function with allowance for to and fro movement of trucks and without regard to the nature of the goods whether essential or otherwise. Warehouses of companies should also be allowed to operate.

4. These stipulations will apply to all areas other than the areas requiring containment, quarantine and surveillance measures (hotspots) as per the guidelines of Ministry of Health and Family Welfare (MOHFW), Government of India Where State Governments/local authorities have imposed restrictions for preventing the spread of COVlD—19.

5. It is clarified that movement of persons and vehicles, as above. shall be subject to strict adherence to norms of hygienic and social distancing. as is required in the context of COVID-19.

6. It is again reiterated that all district authorities and field agencies may please be informed of the above instructions, so that there is no ambiguity at the ground level, and activities allowed by MHA are carried without any hindrance.