#BombayHighCourt to begin hearing suo motu plea concerning #Covid_19 situation in districts falling within the Aurangabad Bench jurisdiction.

Hearing before Bench of Justices RV Ghuge and BU Debadwar.

#COVIDEmergency2021 #maharastralockdown

The Aurangabad Bench initiated the suo-motu litigation based on newspaper reports on issues pertaining to #OxygenShortage #RemdesivirBlackMarketing and more specifically, on funeral rites of deceased patients. https://www.barandbench.com/news/litigation/aurangabad-bench-suo-motu-cognizance-covid-19-bombay-high-court

Hearing begins.

Adv Satyajeet Bora, amicus curiae has tendered the public interest litigation he has drafted based on the reports.

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Court issues notice. They clarify that they want to issue some directions which will be applicable to the 8 districts in their jurisdiction.

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Court: We issue this direction: people who are stepping out during the relaxation hours for whatever reasons will have to carry their Aadhar card with them.

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Court: They will compulsorily wear masks. People on two wheelers will wear helmets.
If people are seen violating these directions, then appropriate cases can be registered.

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Court: We are also going to pass directions on the adulteration of the Remdesivir. If such cases are found case has to be lodged.

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Court: Tell us what is the situation on vaccinations? Is there a shortage?

Chief prosecutor responds there is shortage, but it is being procured.

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Court: We are not trying to grab the share of Remdesivir or vaccinations of other districts. We are aware of the criticism on the Nagpur order which said you give us 1 lakh vials, which meant that don’t give to others.

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Court also adds that any person who is found violating outside, the authority can conduct RT PCR test on them.

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Prosecutor submits that they are conducting antigen test.

Court: Yes, but that is not really a conclusive test. RT-PCR is conclusive.

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Court then proceeds to dictate:
After considering numerous reports in media, on April 22, we passed an order.

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Court: Today amicus curiae has presented PIL paper book.

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Court issues notice to respondents, returnable on April 29.

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ASG, Chief PP waives service of notice.

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Court records: We request the Chief PP to take assistance of the Commissioner of Police and Divisional Commissioner Aurangabad to intimate next date to unserved municipal corporations and councils.

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Court: Leave to add Divisional Commissioner Nashik and Superintendent of Police Aurangabad.

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Court: The counsel have addressed the court. Amicus curiae and Chief PP have drawn our attention to April 22, 2021 passed by Chief Justice Dipankar Datta at Principal Seat.

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Court: We have perused directions given at para 27. Considering the above, needless to state, we would be refraining from dealing with any issue that is covered by the Division Bench of this court at the Principal seat.

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Court: Taking into account the newspaper reports, prima vice makes us form a view that residents of 12 districts amenable to this jurisdiction, need to practice restraint and discipine.

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Court: We find youngsters are travelling triple seat and four persons on a single motorcycle without helmets and masks.

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Court: IN the first wave, this court had taken cognizance of citizens not complying with directions of Aurangabad personnels and having initiated actions against such people. We had issued directions/ guidelines, etc.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: We are dealing with following issues:
1. Violation of lockdown restrcitions
2. Adulteration of Remdesivir injections
3. Relatives of COVID-19 deceased being made to approach authorities for cremating
4. Utilisation of app by Aurangabad Municipal Corporation

Court: 5. Hospitals being declared COVID hospitals to ensure that status of availablilti of beds for COVID-19 patients being uploaded on their website.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: 6. Divisional Commissioner Aurangabad or Collectors of all 12 districts to hold press conference or issue press release after 7 pm each day to indicate the COVID treatment facility available in said district.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: 7 Adequate supply of vaccines for vaccination drives
8. Adequate supply of RT PCR tests

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Court: Chief PP has informed us about the relaxations and strict lockdown periods. Essential services have been initiated through SOP of State, are exempted.

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Court: IN this context, we are directing as under:
a. Barring the relaxation of 4 hours from 7am to 11am on the 5 days from Mon to Fri, any person using a two/three/four wheeler light or heavy Motor vehicle shall carry his AAdhar card failing which police can book them

Court: Even doctors, medical, paramedical staff should carry Aadhar with them.

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Court: Every person, barring a bicycle, or those occupying three vehicles and above wheeled vehicles should be wearing helmets while moving the streets.

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Court: Since we are informed by Chief PP that the rider and pillion rider have to wear helmet compulsorily now.

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Court: any person stepping out of the house coming to the street even on a vehicle have to wear a mask covering the nose and mouth. Any person not wearing a mask, or improperly wearing a mask turn out to be super spreaders. And appropriate offence will be registered against them.

Court: Lockdown restriction violators will be subject to RT PCR, and hence the persons have to carry an Aadhar card and he should divulge his mobile number.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court (to lawyers): We have found that whenever someone is caught, they just call someone on the phone and say “speak to the MLA, etc.” We saw something on TV, and we have no words to describe the way he was behaving.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Adv Chapalgaonkar appearing for a Respondent submits about an order of the District Magistrate giving certain relaxations to the persons belonging to Islam community during their holy Ramzan period to cater to distribution of food.

#COVIDEmergency2021

Court records this and states that collector and road traffic police should take these peculiar circumstances into account and refrain from registering cases against them only during these period.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: However this would not be a relaxation for any person from Mahomedan brotherhood to violate the restrictions and directions beyond the period of relaxation granted by Collector.

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Court: We expect Collectors of all districts to grant relaxations to all districts akin to the relaxation granted by Aurangabad collector. These relaxations shall be restricted only till the month of Ramzan and not beyond that.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: any person, be he a people’s representation or holding any position in any political party of corporation of council or Zilla Parishad or Village Panchayat, shall not exert any pressure or influence against any person of law enforcement agencies imposing restrictions.

Court: This is for stopping them from booking any offence against the violators. This will be considered an obstruction in duty of those officers.

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Court (dictating): the above directions will apply to public servant not on duty.

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Court: in so far as news item published by newspapers are concerned with regards to relatives died on account of COVID-19 infection, it is reported that persons in charge of funeral ghats are seeking bribes for performing funeral rites.

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Court: At some places kerosene or diesel is used for setting fire to pyre. Wood that is being used, is also being sold at exorbitant prices which almost amounts of black marketeering of items for funerals.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court: We call upon Divisional Commissioner of Aurangabad and other Commissioners to consider electric furnaces at crematoriums. There will be constant check that the relatives of the dead persons are not harassed by extorting money for rites.

#COVIDEmergency2021

Court (to Chief PP): Why is NOC required from police station?

Chapalgaonkar submits if the no.of persons exceed the permitted number then permission is required, else not required to restrict no of people.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021

Court records this.

Court: However on the pretext of limited persons, if this restrictions are violated, then offences can be registered for misguiding the authorities.

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Court: Even during the funeral, every persons is supposed to wear a mask covering nose and mouth. Permission for funerals from police station to continue.

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Court: Persons having found selling remdesivir at higher prices nothing short of black marketing, then such persons shall be booked under criminal offences.

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Court: Any state instrumentalities are found to be involved, or any person unauthorisedly found selling these injections as found in the reports, criminal offences would be registered against such persons.

#REMDESIVIR #OxygenShortage #COVIDEmergency2021