Obligation To Ensure Compliance Of COVID-19 Protocols Must Be Adhered To More Strictly By Those Charged With Enforcement: Delhi High Court

The Delhi High Court has said that the obligation to ensure compliance of COVID-19 protocols must be adhered to even more strictly by those who are charged with its enforcement, Delhi Police in particular, who must therefore lead by example.

Justice Yashwant Varma was dealing with a plea moved by Advocate Shalen Bhardwaj seeking directions for taking legal action against the Delhi police officials for violating the Covid-19 guidelines on duty and not implementing the Covid-19 guidelines despite issuance of circulars by Ministry of Home Affairs and Delhi Disaster Management Authority.

Alleging misbehaviour and inappropriate action on the part of two police personnel, it was the petitioner's case that despite the mandatory orders issued by the Delhi Disaster Management Authority (DDMA) as well as the circulars issued by Ministry of Home Affairs specifying appropriate protocols relating to COVID-19, the two police personnel were not wearing masks.

"The Court may only observe that it is imperative that all individuals including those who are in charge of maintenance of law and order adhere to the protocol as formulated at all times. The obligation to ensure compliance with those protocols must be adhered to even more strictly by those who are charged with its enforcement and must therefore lead by example," the Court said.

At the outset, Additional Standing Counsel Satyakam appearing for the Delhi Police apprised the Court that on taking cognisance of the complaint, the same was duly enquired into and subsequently the two police personnel were also cautioned.

He further submitted, on instructions, that the respondents remain duty bound to ensure that all citizens including members of the police force adhere to the protocols mandated by the circulars issued by the DDMA as well as the MHA.

"Insofar as the incident which led to the institution of the present writ petition is concerned, the Court notes that the two police personnel have been duly admonished and that consequently circumstances warrant a closure being accorded," the Court noted.

While the petition additionally rose another allegation of unauthorised hawking in city's Sadar Bazar area, the Court noted that the appropriate statutory authorities who were obliged to ensure the implementation of the Street Vendors Act (Protection of Livelihood and Regulation of Street Vending) Act, 2014 were not been arrayed as party respondents.

"Consequently, insofar as that issue is concerned, the Court leaves it open to the petitioner to initiate appropriate proceedings as may permissible in law," the Court said.

Accordingly, the plea was disposed of.

It was the case of the petitioner that in August last year year, he was challaned for not wearing a mask in Sadar Bazaar area. However, the plea alleged that the police officials were themselves not wearing masks and helmet at that time on duty.

The plea also added that when the petitioner and others present with him were brought to the police station Sadar Bazar, they were shocked to see that most of the policemen were sitting without mask in violation of Covid-19 appropriate behaviour.

The plea therefore averred that despite many complaints made by the Petitioner under Section 83 Delhi Police Act, 1978, in order to stop the unauthorized activities in Sadar Bazar Market area, no action has been taken by the respondents.

It was also stated that on the next day when petitioner had approached the office of the DCP concerned to make complaint against the erring police officials, a similar scenario was witnessed wherein most of the policemen were sitting without the mask.

Accordingly, the plea had sought directions for taking action against the concerned officers who were responsible for laxity in the strict enforcement of COVID Appropriate Behaviour in Sadar Bazar area.

It also sought directions on the respondent authorities and other district and local authorities concerned, to take necessary measures for management of COVID-19, failing which the officers concerned should be made personally responsible.

Case Title: SHALEN BHARDWAJ (ADVOCATE) v. MINISTRY OF HOME AFFAIRS & ORS.

Citation: 2022 LiveLaw (Del) 279

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