*Take action against violators
Excelsior Correspondent
JAMMU, Mar 24: Division Bench of High Court comprising Chief Justice Gita Mittal and Justice Sindhu Sharma today directed authorities of the Union Territories of Jammu and Kashmir and Ladakh to strictly enforce instructions/orders regarding disclosures of travel history, quarantining and isolation.
“Violation of any Government notification or breach thereof should be strictly punished in accordance with law”, the DB further directed the authorities, adding “judicial notice can be taken of the several complaints being made in the electronic and the print media with regard to persons who are concealing their foreign travel history, even though they are required to disclose their travel history”.
“Some of such persons have been found to be infected and huge public resources have been expended on tracking, not only these persons, but their several contacts during the period up to their detection”, the DB observed and directed direct the authorities of the Union Territories of Jammu and Kashmir as well as Ladakh to enforce their notifications/instructions/orders regarding all disclosures including the travel history; quarantining and isolation stringently.
Earlier, when the PIL came-up for hearing, Division Bench observed, “pursuant to earlier order, CGM BSNL is present and Advocate Ravinder Gupta appearing for the BSNL has handed over a compliance report dated 24th March, 2020, which is taken on record”.
“According to the BSNL, provision of video-conferencing through lease lines between the two Juvenile Justice Boards is the optimal solution. On this aspect, for want of approval of the financial estimates conveyed to the ICPS, this matter was not proceeded with further”, the DB observed, adding “as per the report submitted by the BSNL, the estimates were conveyed to the Social Welfare Department vide communication dated 15th November, 2018. It cannot be denied that the BSNL would be the expert agency, whose opinion would bind the consideration by the authorities. It is also common knowledge that dependence on broadband connectivity for video-conferencing is not an optimal solution and the same is often jeopardised on account of connectivity issues”.
The DB further observed, “it is stated in the report that the Social Welfare Department has adopted the lesser potential media i.e. broadband connectivity, which being a shared media through LAN (Local Area Network) / WiFi connectivity might not support the high density video conferencing”, adding “such constraints were brought to the notice of the concerned authorities in the joint meetings held time and again”.
“There can be no manner of doubt that the Social Welfare Department has to ensure lease line connectivity between the Observation Homes and the Juvenile Justice Boards at the earliest”, the DB said.
On this, CGM BSNL Ashok Kumar Srivastava informed Division Bench that he would have the estimate which was submitted on 15th November, 2018, re-examined and submit the fresh estimates to the Mission Director, ICPS within two days from today.
Upon this, DB directed that the same be so done and would be examined at the earliest. “There may be difficulty in the installation of the lease lines so far as Juvenile Justice Boards are concerned for the reason that they are presently housed in rented accommodation. These are institutions which need to have permanent location”, the DB said and directed the ICPS to examine the issue with regard to making available the permanent accommodation for Juvenile Justice Boards and file status report on this aspect.
In the meantime, the DB directed the ICPS to ensure sufficient power back-up at the existing Juvenile Justice Boards as well as Observation Homes so that the temporary availability of the video-conferencing through the broadband which has been made available, is properly operationalized.
“Given the necessity of enforcing social distancing and prevention/minimization of close contact between people, in order to contain the spread of the COVID-19 pandemic, several steps stand initiated in the courts amongst which, conducting of remand work of prisoners through videoconferencing is receiving priority”, the DB said, adding “in view thereof, by our order dated 20th March, 2020, we had called upon the BSNL also to inform us with regard to the status report regarding the connectivity between the courts and prisons”.
After going through the status report filed by BSNL, the DB directed the BSNL to ensure that its claim of having commissioned the sites is verified. “Every effort shall be made to operationalize the facilities in all the courts within the Union Territories of Jammu and Kashmir as well as Ladakh at the earliest possible”, the DB added.
The DB further directed Ashok Kumar Srivastava to appoint a nodal officer not below the rank of Deputy General Manager, whose responsibility will be to coordinate with Shahzad Azeem and NIC and ensure that all the sites are operationalized.
The DB also took serious view of the incorrect information which was furnished in the compliance report dated 24th March, 2020, which has been filed by the Chief General Manager, BSNL. “It is only in keeping in view the current emergent situation we are giving one opportunity to complete the task”, the DB said, adding “we expect the BSNL to apply itself to the issues in all earnestness and ensure the connectivity at the earliest”.
Observing that committees have been constituted at the administrative level and steps taken for regular observation and monitoring of Old Age Homes, Observation Homes, Nari Niketan, Bal Ashram, Orphanage, Blind schools and other such institutions, the DB directed that the Department of Social Welfare shall continue to ensure that the best possible care is given to all these institutions.
“Urgent steps be taken to obtain the protective gear for all the workers who are involved in the various activities of the department”, the DB said.
During the course of hearing, Advocate Monika Kohli, Amicus Curiae submitted that there is dire need of continuous availability of water in order to ensure the hygiene which is required for prevention of the infection during the quarantine.
Accordingly, DB directed the Secretary of the PHE Department to look into the water supply roster and ensure an equitable distribution of water to all residents of the Union Territory of Jammu and Kashmir. Similar examination may be undertaken in the Union Territory of Ladakh as well, the DB added.
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