"Every Political Party Has Celebrated": SC Directs Gujarat Home Secretary To File Affidavit Indicating Compliance With COVID Guidelines

Following the alleged COVID violations on account of the January 14 Makar Sankranti / Uttarayan festivities in the state, the Supreme Court on Tuesday directed the Chief Secretary (Home), Government of Gujarat to file an affidavit indicating compliance with the court's December 3, 2020 order requiring the state to ensure that the guidelines issued by the Union of India as well as the State of Gujarat requiring wearing of masks and keeping social distancing are vigorously implemented."The police officials and other administrative authorities may ensure that the guidelines are scrupulously followed and whosoever is found violating the guidelines, appropriate action be taken against such persons including realization of fine", the court had directed on December 3 last year."Every political party has celebrated. It was for the party president to inform the followers (of the directions). We can give 10 examples now itself (of violations)!", remarked Justice Ashok Bhushan on Tuesday.The bench headed by Justice Bhushan was hearing the state government's SLP against the December 2, 2020 interim directions issued by the Gujarat High Court mandating that any person found to be not wearing or using a face mask/covering in a public place and/or violating the COVID protocol of social distancing, shall do community service at any COVID Care centre run by the local authorities. The Supreme Court had on December 3, 2020 stayed the said direction.On December 3, 2020, SG Tushar Mehta, for the state of Gujarat, had argued that the guidelines of the Union of India, issued under the Disaster Management Act and the State of Gujarat which require wearing of masks by all persons in public andkeeping social distancing have to be followed by all. He further submitted that in the State of Gujarat there is direction for realization of fine of Rs.1000/- from those persons who are violating the guidelines by not wearing the masks in public places. He had advanced that the guidelines of the Union of India and the State of Gujarat had to be compulsorily followed and implemented but directions issued by the High Court are harsh and disproportionate. He had further contended that in event the directions are implemented that may cause health issues to those who are subjected to aforesaid directions.The HC had directed that the duty should be non-medical in nature and can include activities such as, cleaning, housekeeping, help in cooking and serving the food, preparation of record, data feeding, etc. Such community service was to be for atleast 4-6 hours a day, for a period ranging from 5-15 days as the authorities deem it fit and necessary."Finding substance in the submissions of Shri Tushar Mehta,learned Solicitor General, we stay the directions issued in paragraph 13 of the judgment dated 02.12.2020. However, we direct that the State of Gujarat through Additional Chief Secretary, Home shall ensure that the guidelines issued by the Union of India as well as the State of Gujarat requiring wearing of masks and keeping social distancing are vigorously implemented and the police officials and other administrative authorities may ensure that the guidelines are scrupulously followed and whosoever is found violating the guidelines, appropriate action be taken against such persons including realization of fine", the top court had directed on December 3, 2020, issuing notice on the SLP.To contain the spread of COVID19 during the Festival of Uttarayan, the state government had produced before the High Court on January 8, inter alia, the following instructions which it had required to be strictly implemented:1. No gathering and flying of kites at public places/open grounds/roads are allowed.2. It is advisable that this time, the Festival of Uttarayan is celebrated in restrictive manner with the close family members only.3. Without mask nobody is allowed to gather on terrace of building/flat for kite flying. It is also mandatory that they should strictly follow the norm of social distancing and keep arrangement of sanitizers there.4. No person other than the residents of the flats or society shall be allowed on terraces of building/flat or open grounds in the residential societies.5. Large gathering of People on terraces of building/flat or open grounds in the residential societies is prohibited.The state had submitted that the kite flying business in the 2020 Uttarayan festival was of more than Rs.600 Crores and caters to 1,25,000 families and it istheir single crop in a year. It was urged that keeping in mind the interest of the kite flying manufacturing also, the kite flying may be permitted subject to these restrictions."Having considered the submissions, we feel that the instructions as placed before us on behalf of the State are reasonable. The State may accordingly issue necessary circulars and orders with an only modification in Clause No.4. It may be added in Clause No.4 that : "In case of breach of any of the conditions, the Secretary /...

"Every Political Party Has Celebrated": SC Directs Gujarat Home Secretary To File Affidavit Indicating Compliance With COVID Guidelines

Mehal Jain

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