HC seeks action plan from Govt on COVID-19 post lockdown

Chief Justice Gita Mittal hearing PIL through video-conference on Saturday.
Chief Justice Gita Mittal hearing PIL through video-conference on Saturday.

Appreciates Jmu, Sgr administrations

Excelsior Correspondent
SRINAGAR, Apr 4: High Court has asked for action plan from the authorities for the possibility of removal of partial or full lockdown after deadline expires on April 14.
Court said the lockdown has been ordered till the 14th of April and the situation as may obtain on that day cannot be anticipated. “However, it is essential to be prepared for the possibility of a partial or a full removal of the lockdown restrictions. There are no confirmed reports about the progression of the infection or life of the virus”, Court said.
Court said it is therefore imperative to prepare the public about the permissible conduct upon removal of the restrictions (partial or complete); progression of the COVID-19 virus infection and life of the virus; possibility of carriers existing and infecting despite the lockdown and all related information.
“Given the topography of the two Union Territories; remoteness of some of the areas; extent of illiteracy, poverty and difficulties in accessing information by the public, it is essential that widespread dissemination of the information using all mediums as are available, is commenced forthwith”, read the order.
Court on this issue directed Secretary Health and Medical Education Department; Secretary Social Welfare Department; Director, Information Department; Member Secretary JK State Legal Services Authority to immediately take such appropriate action as may be required on this issue and place the action plan in this regard before the court by the Director, Information before the next date.
High Court also appreciated the steps taken by the authorities in order to implement the lockdown and said it has not only led to detection of infected and identification of sources of infection as also ensured continuity of all essential services in their districts.
The Division Bench of Chief Justice Gita Mittal and Justice Rajnesh Oswal while hearing to PILs on prevention of spreading COVID-19 recorded it with appreciation of the initiative, drive and unstinted hard work of Deputy Commissioners of Srinagar and Jammu Dr Shahid Iqbal Choudhary and Sushma Chauhan which the Court said are the two main densely populated cities of Jammu and Kashmir which has not only efficiently led to detection of the infected, identification of the sources of infection and ensured continuity of all essential services in their districts.
“This would certainly have a major impact on the response to the COVID-19 infection in the Union Territory of Jammu and Kashmir. We are positive that similar efforts would be underway in all other districts”, the DB said.
Court has also appreciated the work of health care institutions and health care professionals including the resident doctors, faculty members, nurses, the safai karamcharis, etc. Court said these personnel are working on the ground and would be aware of the specific difficulties and needs to address the issue.
Court therefore said, the authorities could consider asking for nominations from these associations and joining them in the discussions and decision making being undertaken towards addressing the current crisis. “Let the consideration of this issue and decision thereon be placed before us by the Secretary, Department of Health and Medical Education”, court directed.
Court said the personnel engaged in the treatment of COVID-19 patients and prevention of the infection would be working beyond the call of their routine duties and also overtime. It is possible that the administration may have accounted for such a contingency. “However, if this has not been done, the administration may consider the possibility of running 24 hours canteens/kitchens in all hospitals/institutions to enable provision of the necessities of the healthcare and other personnel engaged in addressing the COVID-19 issues”, Court directed and sought a report from the Secretary, Department of Health and Medical Education on this issue.
Court has been informed about the availability of Safety Equipment to Health Care Professionals and many complaints are being received about dearth of safety kits for health care workers. Department of Health and Medical Education has been directed to inform the Court with regard to availability of personal protection equipment for the safety of all healthcare workers and the steps taken to ensure availability of equipment as also the proposals for ensuing the same to all healthcare professionals in Jammu and Kashmir as well as Ladakh.
Court has also directed for implementing the ‘Jammu and Kashmir Suspension of Sentence Rules, 2020’ and sought information for grant of special parole to prisoners as envisaged in the said rules on priority.
Advocate Salih Pirzada during the proceedings of the case has submitted that the High Powered Committee has overlooked the aspect of detenues who have been detained under the Public Safety Act. As per him, the order of the Supreme Court makes a reference only to prisoners without specifying the provision of law under which they may have been imprisoned.
Advocate Pirzada has been asked to place his submissions by e-mail to M K Sharma (member of High Powered Committee) at his address and Court said, who would place the same before the High Powered Committee for urgent examination and dealing with the issues pointed out in view of the urgency of the entire matter.
The Indian Consulate has also given a detailed report to the court with regard to the prevalent situation in New York City. Several elaborate steps have been taken by the Consulate General of India at New York and the Embassy of India, Washington DC to assist the Indian nationals have been set out in this report.
“The details of the tremendous efforts by the Government of India and the officials of the Ministry of External Affairs, New Delhi for the safety of Indian nationals abroad have further been detailed as also the proposed steps depending on change of situation. A series of advisories stand issued with regard to COVID-19 based on the changing situation”, court recorded and said there is no doubt that the Ministry of External Affairs, New Delhi is deeply concerned with the safety and well-being of all Indian nationals abroad and is doing its utmost possible to ensure the same.

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