Take strict action against those violating Govt instructions on Coronavirus: DB

‘Provide security to medics treating patients’

Excelsior Correspondent

JAMMU, Mar 30: Division Bench of High Court comprising Chief Justice Gita Mittal and Justice Sindhu Sharma today directed the authorities to take strict action against those who are violating instructions and orders issued by the Central Government and J&K UP Government to check spread of Coronavirus as their conduct would endanger lives of the people.
Hearing Public Interest Litigation (PIL) through video conferencing, the DB also directed the authorities of UTs of Jammu and Kashmir and Ladakh to ensure that accommodation, healthcare and other needs of the migrant labourers are addressed.
During the course of hearing, Advocate Faisal Qadri submitted that he has received information from some doctors who are working at the two hospital facilities in Srinagar wherein quarantining and isolation of suspected/infected COVID-19 patients is being affected that such persons are misbehaving with the doctors and damaging the available facilities. “The doctors are apprehensive about their own security at the hands of the persons who have been lodged”, he added.
On this, DB observed, “there can be no manner of doubt that the safety and security of all health providers which would include not only doctors but also the nurses, the paramedics, mess boys, safai karamcharies as well as administrative staff at all Government facilities has to be strictly ensured”, adding “such care and protection has to be provided to all health care givers in all hospitals in the Union Territories of J&K and Ladakh”.
Accordingly, DB directed the Secretaries, Department of Health and Medical Education of both the Union Territories together with the IGP, Jammu, IGP, Kashmir and IGP, Ladakh to ensure that complete safety and security is provided to the personnel who are serving at all Government facilities.
“If necessary, the present security should also be beefed up to ensure that no person is able to leave the medical facility till the period of quarantine/isolation is completed”, the DB added.
Advocate Monika Kohli, Amicus Curiae, submitted that there was a report that because of the sudden lockdown about 400 pilgrims from Bihar are stranded at Katra and they are being asked to vacate their current lodgings.
On this, DB directed Chief Executive Officer of Shri Mata Vaishno Devi Shrine Board and the Deputy Commissioner, Reasi to ensure that these pilgrims are not asked to vacate their current lodgings and their needs are fully provided till the lockdown persists. “All notifications/directions issued by the Central Government and the Government of the UT of J&K to ensure that there is no dislodging of people from their habitations and also provisions or facilities, should be strictly complied with”, the DB added.
Division Bench observed that four e-mails has been received by the office of Registrar Judicial from Nitin Bakshi, President Young lawyers Association complaining of excessive violence by the police and enclosing a video film purported to be of the Jammu area.
“It is not possible for us to verify the correctness or the authenticity of the enclosures at this stage and time. However, certainly no excesses or physical violence by the police is permissible or can be countenanced”, the DB said and directed that the representation of Nitin Bakshi and the enclosures thereof be forwarded by the Registrar Judicial to the IGP, Jammu for examination and for appropriate action.
“Moreover, an undated e-mail has been received from Advocate Mohammad Shaqib Shah requesting for publicising certain information as well as provision of certain facilities to the health care facilitators. There is substance in the suggestions”, the DB said and directed this e-mail be forwarded by the Registrar Judicial to the Secretary, Department of Health and Medical Education as well as Secretary, Department of Information and Technology for examining the suggestions and taking such steps as are deemed fit and to remove deficiencies if any in the existing schemes.
Pointing towards an e-mail dated 30th March 2020 received from Advocate Karman Singh Johal purporting to bring on record the plight of Indian student of the New York University, USA, who is stranded along with other Indian citizens, the DB said, “it cannot be denied that Indian citizens, wheresoever located, need to be cared. Senior Advocate K S Johal makes a grievance that the Consulate of India at New York is not assisting the Indian citizens who are stranded in the USA”.
Accordingly, DB directed the Secretary, Ministry of External, New Delhi Affairs to look into the matter and take steps for their evacuation. “We hope that these issues would be addressed on priority by the Ministry of External Affairs and appropriate steps as are required to be taken in the prevailing situation at the earliest”, the DB added.
About the plight of the residents of the UTs of Jammu and Kashmir and Ladakh who are lodged in prisons in other parts of the country, the DB directed the authorities to ensure well being of all such prisoners.
Pointing towards the Supreme Court directions regarding release of prisoners to decongest the jails, the DB said, “the functioning of the High Powered Committee should commence on priority basis keeping in view the health and safety of the prisoners”, adding “let an interim report regarding the functioning of the Committee be placed before us by the Home Secretary, UT of Jammu and Kashmir before the next date of hearing”.
About the reports that large number of people are resorting to their usual strolls, loitering and morning walks in local parks even during the lockdown period, the DB irected the law enforcing authorities and park owning authorities (all Municipal Corporations, Development Authorities) to prevent access to public parks so that social distancing is ensured.
In the meanwhile, Ashok Kumar Srivastava, Chief General Manager, BSNL informed the DB that pursuant to last order, the financial estimate of Rs.33.64 lakh for provision of the lease line connections to 24 locations of Juvenile Justice Boards and Observation Homes has been submitted to the Mission Director, ICPS as well as Special Secretary to Social Welfare Department.
Upon this, DB directed the authorities to scrutinize the estimates submitted by the BSNL at the earliest and inform the BSNL on the proposal.
“So far as the availability of the connectivity or the net facilities to the court sites within Jammu and Kashmir and any additional courts in Ladakh is concerned, we are informed by Shahzad Azeem, Registrar (IT) that on account of access to the courts being not available, the verification, as was directed by the last order could not be effected”, the DB observed, adding “we have also been informed that a Core Group consisting of Azeem, representatives of NIC and BSNL and also the judges concerned, has been constituted. We are assured by Srivastava that as soon as the functioning in the courts is commenced, the needful will be done and all issues regarding availability of the connectivity to all courts in UT of Jammu and Kashmir as well as Ladakh would be completed at the earliest”.
Advocate Monika Kohli, Amicus Curiae and Ashok Kumar Srivastava, CGM, BNSL participated in the proceedings from their respective offices while as Vishal Sharma, ASGI, Ravinder Gupta, Advocate for BSNL and Amit Gupta, AAG joined the video conferencing from the BSNL office.
Additionally, Faisal Qadri, advocate for the petitioner in WP(C)PIL No. 4/2020 titled ‘Azra Uzmail Versus UT of Jammu and Kashmir joined the DB on voice calls from Srinagar. Shah Faisal, Advocate also joined on video conferencing at the High Court while Salih Pirzada, Advocate for petitioner joined video conferencing from his residence. Similarly, Shah Amir, AAG joined DB on voice call from Srinagar.

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