Govt making efforts to keep citizens away from COVID-19, court's duty to ensure no roadblock: HC
The court's observation came while dismissing a contempt petition with a cost of Rs 10,000 to be deposited with the PM Cares Fund by a charitable trust within two weeks after lifting of the lockdown.
Justice C Hari Shankar said in the present situation of crisis following the COVID-19 pandemic with which the whole world is concerned, the enforcement of isolation measures by the government is aimed at ensuring, as far as possible, limited exposure of the country and its denizens to the virus.
"Judicial notice may be taken of the fact, apparent at ground level, that the Central, as well as the State Governments – including the Government of National Capital Territory of Delhi – are straining every sinew, in achieving this aim and are committed to making no compromises, whatsoever, on that score.
"We have, as it is, naysayers aplenty, and it is the duty of courts to step in and ensure that the efforts, of the executive administration, to somehow tide over the crisis, are not subjected to roadblocks in the form of abortive and ill-conceived litigative exercises. This court, were it to at all entertain the present contempt petition would, in my view, be acting in eminent opposition to public interest," the judge said.
The charitable trust, Civilian Welfare and Development Trust, filed a contempt plea against the authorities and a district magistrate for alleged contemptuous and wilful disobedience of an April 8 order by which the high court was informed by the authorities that passes have already been issued to the trustees and volunteers of the trust for movement during the lockdown for supplying various essential items like ration, food and medicines to persons in need.
In the contempt plea, the trust alleged that its offices are located within Chandni Mahal area in Central Delhi and due to the containment order, they are unable to provide ration to the needy persons there.
A containment order was issued on April 10 by the district magistrate of Central district, invoking the containment plan for Chandni Mahal area where three persons had died of coronavirus.
The counsel for the authorities submitted that strict adherence to the containment order is necessary to check the spreading of the COVID-19, which has ravaged the world.
The counsel also said that in Chandni Mahal area, 102 coronavirus positive cases have surfaced and therefore, the Delhi government has taken a conscious decision not to extend the passes issued to the petitioner trust or allow any further access to containment areas.
The court said there was no substance in the contempt petition and by no stretch of imagination it could be said that there has been any contemptuous or wilful disobedience of the earlier order.
"A reading of the containment order dated April 10, 2020, makes it apparent that, in view of spread of the n-COVID-2019 epidemic in the GNCTD area, as well as the fact that, even till the date of issuance of the said order, at least three patients had died from the said disease in Chandni Mahal, it had been consciously decided to strictly delimit the Chandni Mahal area as a containment area," it said.
The court noted that the Delhi government has directed the SDM, Kotwali and the SHO of Chandni Mahal police station to ensure supply of essential commodities in the containment area, in coordination with the market associations or any other appropriate mechanism.
"In view of the above, this contempt petition is dismissed, with costs which are, for the present, being fixed, on a token basis, at Rs 10,000. Costs are required to be deposited by the petitioner, by way of a crossed cheque favouring 'PM Cares', within a period of two weeks after the lifting of lockdown by the government," it said. SKV HMP RDMRDM