[COVID-19] People Shouldn't Get A False Idea That The Situation Has Improved And Life Can Get Back To Normal: Tripura HC [Read Order]

The Tripura High Court on Tuesday (06th October) observed that the people of the State should not get a false idea that there is a dramatic improvement in the Coronavirus spread and that life can get back to normal.The Division Bench of Chief Justice Akil Kureshi and Justice Subhashish Talapatra, in a petition (in the nature of public interest instituted suo motu by the High Court) was examining the situation of the spread of coronavirus in the State of Tripura and related issues.Detailed orders were passed by the Court on 11.09.2020, 18.09.2020 and 28.09.2020. The State Government filed affidavits providing answers and producing documents and materials in response to the queries raised by the High Court in such orders.On Tuesday (06th October), the Bench had a detailed discussion on various issues emerging from such pleadings on record.Following the discussion, the Court pointed out few areas which required further examination and response from the Government. They are as follows:A. Observation of the Court - Wearing of a mask in congested public places is the best remedial measure for keeping the person safe from the possibility of getting infected by the virus which in turn would reduce the spread of the virus.Until either vaccine is found or medicine to cure the deceases found, it is believed that wearing the mask in a public place, that too, congested places, is the best precaution that a person can take.Direction to the State - To ensure that this requirement is fulfilled to the possible extent, at least, in congested places like markets and other public places.B. Observation of the Court - The Experts Committee has submitted its report which contains a number of recommendations. A few shortcomings in the health administration have been pointed out and matching recommendations for better management have been made.Quite a few recommendations made by the Central Committee in its final report have yet to be complied with or if complied with, do not form part of this action taken report.In particular, the Central Committee had pointed out that certain important equipment such as ventilators and X-ray and CT chest machines were either not installed or not in working condition.Direction to the State - In the next action taken report, the precise status be clearly stated.C. Observation of the Court - The record suggests that in the initial phase of dealing with coronavirus, the Government had a bitter experience in the procurement of medical equipment such as PPE Kit, masks etc. Internal committees were constituted.Reports filed by the State prima facie suggest that not only excess charges have been demanded by the agency for the supply of the materials, in some cases, even the material supplied is found to be defective.Direction to the State - State as to what has been done about such defective material. The Advocate General stated that the same is not being utilized for the purpose of dealing with coronavirus treating staff and patients. In the next affidavit, exact details, in this regard shall be stated.D. Observation of the Court - The Government had provided the data of the number of tests carried out, the persons found positive and the positivity rate for the recent past.Further figures are available in the public domain through the office and news bulletins. Comparison of these figures would show that over a period of time, the tests conducted every day have come down substantially.Therefore, if the total number of positive cases detected per day in the recent past is correlated with the reduced testing, the people of the State should not get a false idea that there is a dramatic improvement in the coronavirus spread and that the life should go back to normal. This would be a serious mistake with serious consequences.On the next date of hearing, the Court has directed the State to further file an affidavit covering all the aspects highlighted above.In particular, the Government has been instructed to file a further action taken report on the recommendations made by the Central Committee in its reports.The matter has been listed for further hearing on Tuesday (13th October).Click Here To Download Order[Read Order]

[COVID-19] People Shouldn't Get A False Idea That The Situation Has Improved And Life Can Get Back To Normal: Tripura HC [Read Order]

Sparsh Upadhyay

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