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"Entry Into Goa Amid COVID Allowed In Case Of Medical Emergency": Bombay HC Modifies Earlier Order, Seeks Details On Beds, Oxygen Availability

Nupur Thapliyal
11 May 2021 8:49 AM GMT
Entry Into Goa Amid COVID Allowed In Case Of Medical Emergency: Bombay HC Modifies Earlier Order, Seeks Details On Beds, Oxygen Availability
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Reiterating its earlier Order dated May 6, the Bombay High Court on Tuesday (May 11) directed the State Administration to ensure that no person who does not possess a Covid negativity certificate-based on a test done a maximum 72 hours before seeking entry into Goa, will be permitted to enter into Goa. However, a division bench comprising of Justice MS Jawalkar and Justice MS...

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Reiterating its earlier Order dated May 6, the Bombay High Court on Tuesday (May 11) directed the State Administration to ensure that no person who does not possess a Covid negativity certificate-based on a test done a maximum 72 hours before seeking entry into Goa, will be permitted to enter into Goa.

However, a division bench comprising of Justice MS Jawalkar and Justice MS Sonak, modifying its earlier order, carved out an exception for persons entering in Goa for a medical emergency on the production of proof or those who are coming in an ambulance.

It may be noted that till this interim order is modified, a negativity certificate will be a must for entry into the State of Goa.

On Tuesday, the Court noted that despite Court's clear and unambiguous Order the two District Magistrates either on their own or otherwise, proceeded to carve out exceptions in favor of residents of Goa entering into the State; persons entering Goa for work; and persons who have a vaccination certificate.

Thereafter, the District Magistrates again carved out an exception for persons entering in Goa for a medical emergency on the production of proof or coming in an ambulance.

To this, the Court said,

"The District Magistrates were bound by our Order and could not have by themselves or otherwise modified our order or refused to comply with our orders."

However, the Court did note that an exception could be made in respect of persons entering in Goa for a medical emergency on the production of proof or those who are coming in an ambulance.

Therefore, the Court granted the liberty to make such exception in the orders which will be issued by this evening.

Oxygen Availability

On the issue of supply of oxygen, the Court proposed to hear the Counsel for the parties on 12th May, 2021 i.e. tomorrow.

Besides, the Court opined that the affidavits explaining the actual position at the hospitals would-be necessary in order to enable us to appreciate the issue and thus, the Advocate General stated that the Dean, Goa Medical College and the Director of Health Services will file such affidavits by tomorrow, explaining the position of supply of oxygen at the Goa Medical College Hospital and the South Goa and North Goa District Hospitals, as also at the ESI Hospital.

The Court further said:

  • We suggest that the Director of Health Services to obtain inputs from the Nodal Officers at these facilities and file an affidavit before us.
  • The affidavit to indicate whether lack of oxygen supply continues to be the cause for any casualties.
  • The affidvits to also give particulars about ventilators, HFNO machines, etc. in the context of supply of oxygen.

The affidavits have been directed to be filed by tomorrow, so that the matter could be considered on this aspect by the Court.

Advocates Akash Rebello, Rui Gomes Pereira and Varun Bhandanker appeared for the Petitioners in the matter.

Click Here To Read Order

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