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| Prevent spreading of COVID-19: High Court directs admin | | 'Examine provisions of National Disaster Management Act, 2005' | | Early Times Report
jammu, Mar 17: A Division Bench of Jammu and Kashmir High Court Comprising Chief Justice Gita Mittal and Justice Rajesh Bindal while hearing Public Interest on COVID-19 on Tuesday, issued various directions to administrations of Union Territory of Jammu and Kashmir as well as Ladakh.
The Division Bench observed that during the course of hearing Advocate General DC Raina has handed over a copy of a notification dated 16th March 2020 issued by the Health and Medical Education Department notifying the Jammu and Kashmir Epidemic Disease (COVID-19) Regulations, 2020. These regulations are taken on record.
The DB further observed that Advocate General assured the Court that these regulations shall be strictly enforced.
During the course of hearing the DB observe that we are further informed that Ms. Sushma Chouhan, the Deputy Commissioner Jammu, has passed an order dated 15th March 2020 under Section 34 of the National Disaster Management Act, 2005. This order is taken on record.
The DB directed all Deputy Commissioners in all the districts of the Union Territory of Jammu and Kashmir as well as Ladakh, to examine the provisions of the National Disaster Management Act, 2005 and all other laws, and take appropriate steps as may be advised.
Advocate Monika Kohli, Amicus Curiae apprised the Court about the importance of minimization of social interaction and ensuring social distance. She submitted that Jammu, Kashmir and Ladakh have several places of religious importance and popular tourist destinations.
The DB observed that there is not only heavy footfall of pilgrims but huge crowds during congregations. The pilgrims visit temples and shrines in large numbers not only from various places in India but from all over the world.
The Division Bench observed that this Court doesn't have the competence either to evaluate the steps which are necessary or the expertise to impose appropriate restrictions. The administration, public health authorities and security agencies would be required to work together to suggest the appropriate measures.
The DB further observed that one of the measures that this Court has directed is to prevent social interaction. The trial Courts should not insist on personal appearance of prisoners and to use the facility of video conferencing for extension of remands and as a substitute for prisoners' appearance and production of prisoners from jails. Similar exercise was being proposed for Juvenile Justice Boards.
Keeping in view the urgency of the matter, the Division Bench directed the administrations of J&K and Ladakh UTs to immediately take appropriate measures with regard to places of religious importance and tourist destinations keeping in view the public health emergency arising out of the risk of spread of COVID-19 in the Union Territories, and file a compliance report in this regard before the Court within two days from today.
The DB also directed that a copy of this order be sent by email to the Chief Secretary(s) of both the Union Territories as well as Commissioner/Secretary, Department of Health and Medical Education.
The DB observed that that the two Observation Homes in J&K UT, one in Harwan, Srinagar and the other in RS Pura, do not have the facility of video conferencing available with them. It has also been informed that none of the Juvenile Justice Boards in the Union Territories of Jammu and Kashmir and Ladakh have such facility. "This matter needs to be addressed on priority," the DB observed.
It directed Secretary, Department of Social Welfare as well as Secretary, Information Technology in both the Union Territories of Jammu and Kashmir as well as Ladakh to take immediate steps for enable video conferencing facility in both the Observations Homes and directed Director General (Prisons) to file a report with regard to steps taken in the prisons in Jammu and Kashmir especially with regard to creation of isolation wards and treatment facilities in case prisoners are suspected to be or get infected. Let such report be placed before us by Director General (Prisons) before the next date of hearing.
The DB further asked the Chief Secretary, Union Territory of Ladakh be also informed about the Jammu and Kashmir Epidemic Disease (COVID-19) Regulations, 2020 issued by Government of Union Territory of Jammu and Kashmir and examine the necessity of similar action so far as the Union Territory of Ladakh is concerned.
The DB observed that there are such other places where people are living in institutional care as orphanages and old age homes amongst others. The official respondents are required to ensure awareness amongst inmates thereof as also that all measures are taken to protect the inmates or orphans and the senior citizens and filed a status report in this regard be also placed before us on the next date of hearing.
The DB further directed respondents to inform this Court about the status of the students from the Union Territories who had to be evacuated from Iran. —JNF |
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