COVID19 Preventive Steps Won't Be Effective Unless People Avoid Unnecessary Movement Out Of House : Gujarat HC

The Gujarat HC observed that preventive measures would not successfully and effectively contain the pandemic of COVID-19 unless and until the public at large, the citizenry of the state, who have to be conscious of the threat looming large, avoid unnecessary movement out of their house, gatherings, functions, parties or pleasure trips in and outside the State. The bench reflected that in terms of sensitisation, more needs to be done and that too at the grass-root level where facilities of print and digital media or social media may not be available.

"The Court is of the firm view that all and any measures taken by Central Government, the State Government, the Superior Courts,be it the Supreme Court or the High Courts of different States would not successfully and effectively contain the pandemic of COVID-19 unless and until the public at large, the citizenry of the State who have to be conscious of the threat looming large should avoid unnecessary movement out of their house, gatherings, functions, parties or pleasure trips in and outside the State. To make them aware although wide spread measures have been taken by the State, organizations linked with the State and not linked with the State, the print and digital media, social media, but still more needs to be done and that too at the grassroot level where such facilities of print and digital media, or social media may not be available or for those who are deprived of such facilities", observed the bench comprising Chief Justice Vikram Nath and Justice Ashutosh Shastri.

The Court was considering the suo moto case taken by it to oversee measures to combat spread of Coronavirus.

"The Government of Gujarat may therefore take such measures to sensitise and make aware the residents of the suburbans, semi-rural, rural and tribal areas of this pandemic and the precautionary measures they need to take",the bench added.

Acknowledging that "the spread of Corona Virus is contagious" and that "gathering of large numbers has to be strictly avoided without fail", the Gujarat HC on Friday observed that "If people out of their sentiments continue to gather in large number at places of worship, the entire efforts to take precautionary measures for the spread of COVID-19 would be frustrated", thereby requesting "one and all to refrain from visiting their places of worship and offer their prayer/puja/service from home instead".

The Court authorised the state government to issue the necessary circular to all the District Magistrates/Commissioners of Police and Superintendents of Police of all the districts and quarters of the state of Gujarat to ensure that no gathering takes place at any of the places of worship in the state.

"We however do not mean that the daily puja/aarti/service/offering of prayer (namaz) may be stopped in such places of worship but the management of all the religious places of worship may perform it without making it open to public", clarified the bench.

Further, the HC took note of the Gujarat State Legal Services Authority issuing directions to all District Legal Services Authorities to organise various programmes in order to sensitize and bring awareness amongst all.

Finally, the court also hoped that the state would continue with its endeavor to check, prevent, control and treat the affected or suspected persons of COVID-19 in a strict sense and file its status report by March 27.

The court Registry has been directed to send copies of this order to all concerned via print and digital media- fax email, WhatsApp or by special messenger.

The court also appreciated Senior Advocate and GHAA President Yatin Oza's statement that the Bar room, tea room and the library of the High Court have been shut down completely and that messages have been circulated on all groups to advocates not to come to Court unless in cases of extreme urgency.

The Gujarat HC on Friday also entertained the plea that the Gujarat Real Estate Regulatory Authority and the Gujarat Real Estate Appellate Tribunal defer the hearings except extreme urgent matters till 31st March, 2020.

The state's Advocate General stated that the Court be rest assured that RERA or its Appellate Tribunal would not in any manner violate the letter and spirit of the directions to combat the mortal threat posed by Novel COVID 19 in the court's earlier order of March 13.

The HC also allowed the two-fold relief claimed that the state government provide all services of diagnosis, laboratory analysis and treatment of Corona Virus free of cost to the persons affected or suspected of being infected in their territorial jurisdiction, and for the state to issue a Press release and also to put the same in public domain about the prevailing situation at the state level everyday on the basis of the IDSP Report.

The division bench noted that the checking at the railway stations of passengers arriving at Ahmedabad and in the entire state at stations where inter-state trains are arriving has begun from March 19, that the investigation, laboratory tests and treatment of the suspected an  affected persons is done at the cost of the state and that No amount is being charged from such affected or suspected persons. Further, in order to avoid any kind of fake news being published or circulated in social media or digital media or print media, the Government of India has already set up an App named COVID-19, which is continuously updated with all relevant information with respect to the entire country. This has been done by the Government of India to avoid unnecessary panic being crated by fake and incorrect messages by unscrupulous and irresponsible persons.

Moreover, other reliefs sought refer to suspension of auction by the District Magistrates and Mamlatdars under section 14 of the SARFAESI till 31st March, and for appropriate directions to the Banks and Financial Institutions, operating in the state of Gujarat, not to take measures for auction/recovery under the SARFAESI Act till 31st March. In this behalf, the court was satisfied that directions would be issued by the state not to proceed till 31st March, as such precautionary measures have been made applicable till 31st March only. However, Insofar as the banks and financial institutions are concerned, as such the court was not inclined to grant this relief, noting that similar orders of the Allahabad and the Kerala HCs have been stayed by the Apex Court. The HC clarified that It is for the Central Government, Ministry of Finance to take a call on the same and no blanket order can be granted.

As regards the prayer not to undertake eviction/demolition under any law till 31st March, the Advocate General stated that for this aspect also appropriate instructions have been issued by the state government.

Advocates appearing for the Central government stated that Debt Recovery Tribunal and its Appellate Tribunal would not publish the daily board from 23rd March and would defer all other matters except urgent mentioned matters beyond 31st March. It was also brought to the court's attention that the NCLT, Ahmedabad is proceeding to hear matters and pass adverse orders in the absence of the counsels, that Sessions Court, Ahmedabad city, is recording evidence where witnesses are present, the Debt Recovery Tribunal at Ahmedabad is also functioning on account of the fact that orders are being passed by the District Magistrates/Chief Judicial Magistrates under Section-14 of the SARFAESI and further, that banks and financial institutions are continuing to e-auction properties.

The counsels appearing for the Central Government assured that NCLT, Ahmedabad would not be issuing the list from March 23 and only extremely urgent matters upon mention would be taken up. Insofar as the Special Secretary, Revenue Department and the Deputy Collectors are concerned, the Advocate General has stated that appropriate steps have already been taken. As for the working of Charity Commissioner's office, if not already curtailed, the state would take appropriate steps and issue necessary directions to follow in principle what is being followed by the Supreme Court, the High Courts and the District Courts. "The Sessions Court, Ahmedabad, recording evidence could be in a stray case as we are also conscious of the fact that circulars have been issued to all the Principal District Judges and Principal Judges to deal only with urgent matters", the bench recorded.

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