Act tough against COVID-protocol violators: Guwahati High Court to police

GUWAHATI: The Gauhati High Court has expressed serious concern over the latest spike in COVID-19 positive cases in Assam. It has asked the Deputy Commissioners (DCs) and Superintendent of Police (SPs) to be very tough against those violating COVID safety protocols on roads and public places.

While hearing a PIL on the present COVID-19 scenario in the State, on Monday a division bench of the High Court comprising Chief Justice Ajai Lamba and Justice Manish Choudhury said, "We are pained at recording that it is a common knowledge that the residents of the State in market places and otherwise can be commonly seen without wearing any masks, or wearing masks below nose level which would result in spread of Coronavirus (COVID-19). We further find that the people get together in groups in market places and in work environments without caring for their own health or the health of the others. Surely, no resident/citizen has the right to put his own life in jeopardy or put the life of the others at risk."

The High Court has observed that even though the State Government has issued various order and enforced laws for strict adherence of the COVID-19 safety guidelines and protocols by the people, the orders, however, apparently are being flouted because the punitive action provided thereunder is not being taken against the violators.

Tanmay Jyoti Mahanta, who filed the PIL, submitted before the Guwahati High Court that the first case of COVID-19 positive was detected in Assam on March 31 in 2020. But the number of cases on August 31 in 2020 has gone up to 1,09,040 as orders and directives — particularly the May 8 order issued on behalf of Health and Family Welfare Department and other related departments — have not been adhered to by the people of the State.

The PIL has highlighted that the people do not maintain proper social distance in public or work places. This has resulted in extensive spread of the pandemic. In the absence of medicine or vaccine, wearing face masks and following the norm of social distancing are the only measures to avoid the spread, the petitioner argued.

Devajit Saikia, senior Standing Counsel, Health & Family Welfare Department, Government of Assam, submitted before the High Court that the directions and orders of the government towards adhering to the COVID safety protocols by the public, are being blocked by Legal Remembrancer, Assam on one technicality or the other. Even though the government is in the process of meeting all those objections, one after the other technical objection is raised by the Legal Remembrancer, Saikia said.

A Legal Remembrancer advises the State Government on legal matters, drafting bills for legislation, interpreting legislative enactments, statutes and rules. He acts as the Secretary in the Law Department.

After hearing advocate Saikia, the High Court also called upon the Legal Remembrancer, Assam, to show the reasons that impede the implementation of the anti-COVID-19 measures.

The High Court has directed the District heads of Police, Deputy Superintendents of Police and Officers-in-Charge of the Police Stations to be proactive on the streets and check whether the directions and orders (particularly May 8 order) regarding COVID safety issued by the State Government and the High Court are complied with or not. In case the directions are violated, fine must be imposed on the violators. The fine imposed on the violators and thus collected have to be brought to the notice of the Court through the Office of the learned senior Standing Counsel, Health & Family Welfare Department, and the Government of Assam.

The Court also directed the DCs to involve officers/officials from various departments who would inspect various areas in their respective townships, including sub-divisions to find out whether the respective police stations/police officers are complying with directions and orders issued by the government and the High Court.

The High Court further stated it had to issue its order on Thursday in view of the fact that the hospitals are overflowing with COVID-19 positive patients. Besides, hospitals are also in short supply of oxygen.

"The Government is spending from its limited resources and coffers. For the benefit of the poor, COVID-19 tests are being conducted free of cost. In such circumstances, public interest convinces us to pass this order at this stage and juncture. It is only to safeguard the lives of the public that these harsh measures are being provided by virtue of an order of the Writ Court de hors the technicalities, stated to be raised by learned Legal Remembrancer, Assam," the High Court said.

The High Court has fixed September 17 as the next date hearing of the PIL. The Court proceedings were conducted through video-conference on Thursday.

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