High Court upholds Union Territory order, says it’s in public interest

Tribune News Service

Chandigarh, March 29

Two days after the Chandigarh Administration permitted the opening of shops across the city for eight hours from 10 am, the Punjab and Haryana High Court today upheld the order after describing it as valid.

Taking up the case through video-conferencing on Sunday, the Bench at the same time left it open for the Administration to lay down the parameters for social distancing while distributing essential items and to “monitor and regulate the same by taking stringent action against the violators”.

Describing the order as one issued in “larger public interest”, the Bench of Justice Rajiv Sharma and Justice Rakesh Kumar Jain asserted the scope for judicial interference in a policy matter was very limited. The UT Administration had weighed all pros and cons before taking the decision. “We will not substitute our wisdom for the wisdom of the Administration during this crisis. Maintaining social distance is a sine qua non (an essential condition) to control the disease....,” the Bench added.

The direction came after senior counsel DS Patwalia submitted on the petitioner’s behalf that specific parameters for social distancing were required to be laid down and notified. Referring to a reply submitted on behalf of the Administration by senior standing counsel Pankaj Jain, the Bench observed it was averred that all necessary steps to fight Covid-19 were being taken. After the first positive case was reported, the UT immediately issued an order under Section 144 of the CrPC.

Provisions were also made to home-quarantine specified persons for preventing further spread of the disease. A decision was also taken to appoint a nodal officer for contact tracing and enforcing home quarantine. The Bench also took note of the contention that a curfew was imposed on March 23 and the Administration tried hard to ensure continuous supply of essential items. Senior officers were assigned the task and CTU buses were used to provide food and vegetables.

“But various problems were faced and it was realised it was not possible to maintain the supply chain for long in this manner, without involving the traditional network of shops. A huge crowd thronged the buses/trucks loaded with fruits, vegetables and grocery items. The very purpose of social distancing was being challenged”.

The reply added the UT Administrator reviewed various complaints at a meeting, received inputs and also took feedback from the PGI Director and the Director, Health Services, before reviewing the law and order situation.

The order, dated March 27, did not end the curfew, but gave limited exemption to one person from each household to walk to the nearest shop. The home delivery system, already in place, was also encouraged.

“It is evident that the order, dated March 27, has been issued as per the guidelines issued by the Union of India and after holding consultations with the Director, PGI; the Director, Health Services, and the DGP. The whole exercise has been undertaken to maintain regular supply of essential items to the public at large.” The Bench added.

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