# Centres and for providing Better Treatment to Corona Positive v. State of U.P

- **Citation:** (2020) 9 ILRA 322
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2020-09-23
- **Case number:** Public Interest Litigation (PIL) No. 574 of 2020
- **Bench:** Siddhartha Varma, Ajit Kumar
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/centres-and-for-providing-better-treatment-to-corona-positive-v-state-of-u-p-45947
- **Pages:** 10

## Headnote

C.S.C., Sri Dhiraj Singh, Sri Hari Nath
Tripathi,
Purnendu
Kumar
Singh,
Sri
Satyavrat Sahai, Sri Sunil Dutt Kautilya

A. Public Interest Litigation - Street Vendors
(Protection of Livelihood and Regulation of
9 All. In Re:Inhuman Condition of Quarantine Centers and for providing Better Treatment to

Corona Positive Vs. State of U.P.
323
Street Vending) Act, 2014 - U.P. Urban
Planning and Development Act, 1973: Section
26(A) - the U.P. Municipal Corporation Act,
1959: Section 295 , 296, 112-B, 114, 138(A),
139
-
Indian
Penal
Code:
Sections
188/267/270 - Pandemic Act - The Court had
passed orders in five issues.
Issue 1 - The court directed Nagar Nigam and
Vyapar Mandal to conjointly sort the problem of
unauthorized parking in the civil lines area.

Issue 2 - The Court orders that the Town Vending
Committee shall swing into action immediately and
the exercise of approval of vending zones to be
completed within a stipulated time as provided.
Further to identify vending zones shall also be
carried out side by side.

Issue 3 - The Court directed Nagar Nigam to
inform all commercial shop keepers of different
commercial places to place disposal bins for
collecting used masks and Nagar Nigam shall
collect the same on a day to day basis.

Issue 4 - The Court issued the writ of
mandamus for the whole of the State of Uttar
Pradesh that no person should be seen outside
his/her house without a mask on his/her face
and he/she should check that the masks covers
both nose and the mouth.

Issue 5 - The Court directed the Administration
to ensure that every information which is
provided should be entered against the name of
the person in respect of whom the enquiry was
being made and the portal should genuinely be
updated on a day to day basis. Further if a
person who is in home isolation requires CT
scan and X-ray then no pathology entertains
that patient. Every district in the State of U.P.
should have a dedicated clinic where a person
who is in home quarantine can go and get his
CT scan or X-ray done. (E-10)

## Text

322 INDIAN LAW REPORTS ALLAHABAD SERIES
law, all subsequent and consequential
proceedings would fall through for the
reason that illegality strikes at the root of
the order. In such a fact-situation, the legal
maxim "sublato fundamento cadit opus"
meaning thereby that if foundation is
removed, the super structure or the whole
work falls come into play, and applies on
all fours to the present case.

64. The petitioners' challenge to the
Amended scheme of 2014-2016 also on the
ground of discrimination between similarly
situated students is without any basis. The
petitioners are not similarly situated students as
the candidates who qualify the Combined Law
Aptitude Test (CLAT) Examinations or go
through admission process determined by the
University and who are alloted colleges on the
basis of their marks obtained in the said
Aptitude Test or Selection Test held by the State
University to various colleges. The students
who are admitted through statewide counselling
are first alloted to Government Colleges and to
Autonomous Institutions/ Deemed Universities
and then to recognized Aided Institutions. The
students with lesser marks in the Aptitude Test
or Selection Test or even students who have not
appeared in the Aptitude Test at all, then take
admission in private unaided colleges like
opposite party no.6.

65. It was admitted during the course of
arguments of the petitioners that they did not
appear in CLAT. They did not take any
Selection Test held by the Lucknow University
either. They were admitted on the basis of
marks obtained by them in their Intermediate
Examination by the respondent no.6. The
petitioner no.1 had secured 58% marks and the
petitioner no.2 had secured 57% marks in their
Intermediate Examination. They cannot be
said to be similarly or identically placed to
those students who had appeared in CLAT or
any other Selection Test held by the Lucknow
University. There cannot be equality amongst
unequals. Therefore, there cannot be any
grievance of discrimination also.

66. The opposite parties are entitled to
issue recovery notice to the opposite party no.6
as wrong fee reimbursement and scholarship
was given to the petitioners only because of
wrong data being verified and locked digitally
on the master database by the college.

67. The writ petition is dismissed. No
order as to costs.
----------
(2020)09ILR A322
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 23.09.2020

BEFORE

THE HON'BLE SIDDHARTHA VARMA, J.
THE HON'BLE AJIT KUMAR, J.

Public Interest Litigation (PIL) No. 574 of 2020

In Re: Inhuman Condition of Quarantine
Centres
and
for
providing
Better
Treatment to Corona Positive ...Petitioner
Versus
State of U.P. ...Respondent

Counsel for the Petitioner:
Sri Gaurav Kumar Gaur, Sri Aditya Singh
Parihar, Sri Amitanshu Gour, Sri Jitendra
Kumar, Sri Katyayini, Sri Rahul Sahai, Sri
Rishu Mishra, Sri S.P.S. Chauhan, Sri
Satyaveer Singh, Sri Shailendra Garg,
Sunita Sharma, Sri Swetasha Agarwal, Sri
Uttar Kumar Goswani

Counsel for the Respondents:
C.S.C., Sri Dhiraj Singh, Sri Hari Nath
Tripathi,
Purnendu
Kumar
Singh,
Sri
Satyavrat Sahai, Sri Sunil Dutt Kautilya

A. Public Interest Litigation - Street Vendors
(Protection of Livelihood and Regulation of
9 All. In Re:Inhuman Condition of Quarantine Centers and for providing Better Treatment to

Corona Positive Vs. State of U.P.
323
Street Vending) Act, 2014 - U.P. Urban
Planning and Development Act, 1973: Section
26(A) - the U.P. Municipal Corporation Act,
1959: Section 295 , 296, 112-B, 114, 138(A),
139
-
Indian
Penal
Code:
Sections
188/267/270 - Pandemic Act - The Court had
passed orders in five issues.
Issue 1 - The court directed Nagar Nigam and
Vyapar Mandal to conjointly sort the problem of
unauthorized parking in the civil lines area.

Issue 2 - The Court orders that the Town Vending
Committee shall swing into action immediately and
the exercise of approval of vending zones to be
completed within a stipulated time as provided.
Further to identify vending zones shall also be
carried out side by side.

Issue 3 - The Court directed Nagar Nigam to
inform all commercial shop keepers of different
commercial places to place disposal bins for
collecting used masks and Nagar Nigam shall
collect the same on a day to day basis.

Issue 4 - The Court issued the writ of
mandamus for the whole of the State of Uttar
Pradesh that no person should be seen outside
his/her house without a mask on his/her face
and he/she should check that the masks covers
both nose and the mouth.

Issue 5 - The Court directed the Administration
to ensure that every information which is
provided should be entered against the name of
the person in respect of whom the enquiry was
being made and the portal should genuinely be
updated on a day to day basis. Further if a
person who is in home isolation requires CT
scan and X-ray then no pathology entertains
that patient. Every district in the State of U.P.
should have a dedicated clinic where a person
who is in home quarantine can go and get his
CT scan or X-ray done. (E-10)

(Delivered by Hon'ble Siddhatha Varma, J.
Ajit Varma, J.)

Compliance affidavit filed today by
Sri S.D. Kautilya, Advocate be kept on
record.

Order on Letter Petition

Letter petition filed by Ms. Urmika
Pandey be kept on record.

Let a copy of this petition be served
upon the State within 48 hours.

Office is directed to allot regular
number to this petition.

When the case is listed next, the name
of Ms. Urmika Pandey be shown in the
cause list.

Order on Letter Petition

Letter petition filed by Mr. Diggaj
Pathak be kept on record.

Let a copy of this petition be served
upon the State within 48 hours.

Office is directed to allot regular
number to this petition.

When the case is listed next, the name
of Mr. Diggaj Pathak be shown in the cause
list.

Order on Letter Petition

This letter petition filed by Mr. Sunil
Choudhary is taken on record.

Office is directed to allot regular
number to this petition.

Copy of this petition has already been
served upon the State.

In this letter petition, the grievance has
been raised in respect of an incident that
had taken place at S.R.N. hospital with a
patient under treatment namely, Ayush
Shukla. It is alleged that instead of
conducting an inquiry into the complaint
made on behalf of the mother of the patient,
the doctors of the hospital got lodged first
information report bearing Case Crime
No.- 117 of 2020 against the patient and his
mother under various sections in the Indian
Panel Code.
324 INDIAN LAW REPORTS ALLAHABAD SERIES

The high handedness of the doctors
towards patient during COVID-19 has been
complained of as a misconduct and the
allegations are also to the effect that Chief
Medical Officer of Prayagraj acted in
connivance with the doctors of the S.R.N.
hospital and forwarded the complaint to the
Kaudihar block, Prayagraj, whereas the
incident had taken place on 13/14.5.2020 at
S.R.N. hospital, Prayagraj.

Mr. Manish Goyal, learned Additional
Advocate General seeks time to have
instructions in the matter by the next date
fixed.

Time prayed for is allowed.

When the case is listed next, the name
of Mr. Sunil Choudhary be shown in the
cause list.

In Re: Civil Misc. Intervention
Application No. Nil of 2020

(Dated 21.9.2020 filed by Sri Shahid
Kazmi, Advocate on behalf of Vishal
Talwar)

This application be kept on record and
be given a number.

Learned Additional Advocate General
may take instructions in the matter.

Sri Shahid Kazmi, learned counsel
may also provide a list of Doctors who
intend to continue and serve the Corona
patients on contract basis.

Order on the petition

Heard learned counsel for the parties.

Today, we have heard this case on the
following five issues:-

I. Encroachment of public land and the
menace of parking;

II. Discharge of function by the Town
Vending Committee;

III. Disposal of used masks;

IV. Public wearing of masks; and

IV. Further medical facility during
COVID-19.

In compliance of our order dated 18th
August,
2020,
the
Advocate
Commissioners Sri Chandan Sharma and
Sri Dwivedi, have submitted their joint
report, which has been taken on record.

Issue No.I:

Sri
Chandan
Sharma,
learned
Advocate has submitted that particularly in
respect of point No.- (A) & (B) of our order
dated 18th August, 2020 that after
conducting inspection of various areas of
the city where the encroachment removal
drive
had
been
undertaken
by
the
Municipal Corporation, they have found
that still substantial part of the public land
and road side land continued to be occupied
by the encroachers and that encroachment
drive is yet to be carried out at several
places. In those areas where drive has been
undertaken, the unauthorized encroachers
have reoccupied the places. He has
submitted that after the encroachments
were removed, it was a bounden duty of the
concerned police station to have undertaken
the
exercise
of
restraining
these
encroachers from reoccupying those places.

On this above issue, reply is needed to
be obtained by the Additional Advocate
General as to why police administration has
not undertaken the desired exercise and,
accordingly, we direct that the copy of the
report be supplied to the Additional
Advocate General who shall address us on
this issue on the next date fixed.

On the question of parking of vehicles
on public places and on road side land
which has been creating traffic congestion,
it has been submitted by Sri Sharma that
parking areas have not been identified by
the Nagar Nigam and even in Civil Lines
area where vehicle parking has been
9 All. In Re:Inhuman Condition of Quarantine Centers and for providing Better Treatment to

Corona Positive Vs. State of U.P.
325
developed of several floors, it is not being
utilized and vehicles are being parked on
the road. On a pointed query being made to
Sri Kautilya, learned counsel appearing for
the Nagar Nigam as to why the parking
place which has already been constructed,
has
not been
utilized,
Sri
Kautilya
submitted that Vyapar Mandal of Prayagraj
has shown concern for this on the ground
that if people are not permitted to bring
their vehicles near the shop, it causes loss
to their business. Although he submits that
drive of removal of illegally parked vehicle
has already taken place in the past with the
help of police, it is a matter of concern that
the Nagar Nigam and the Police are unable
to make people park their vehicles at their
designated places.

Be that as it may, we want to clarify
that no illegal parking of vehicles can be
permitted in Civil Lines area where a
parking place has already been assigned
and a huge building for the same has
been constructed. People may utilize the
services of electric rickshaw etc. to reach
the places of shops but the vehicle should
be parked in the parking zone only. For
this, we direct Nagar Nigam and Vyapar
Mandal to discuss this issue sitting
across the table and if Vyapar Mandal
has still any problem with the direction
that we are issuing for clearing public
road from unauthorized parked vehicles,
they should move proper applications
before this Court for the ventilation of
their grievance. However, we direct that
the parking issue be resolved within two
weeks.

Issue No.II:

On the issue of vending zones also, Sri
Sharma has submitted a report and has also
annexed an order of Chairman of Town
Vending Committee, according to which,
only 7 zones have been approved and
allotments have been made. It is another
matter that till date people have not
occupied those places which have been
allotted to them. He has brought to the
notice of the Court that 29 zones are still
pending for approval by the Committee. Sri
Kautilya, learned Advocate appearing for
Nagar Nigam has submitted that Town
Vending Committee has been constituted
under the Chairmanship of the Municipal
Commissioner under the Street Vendors
(Protection of Livelihood and Regulation of
Street Vending) Act, 2014.

On being repeatedly asked as to why
the Committee has not further approved the
remaining vending zones, Sri Kautilya has
submitted that he would take up the issue
with the Municipal Commissioner.

Looking at the scenario of the city of
Prayagraj where almost every nook and
corner and every street is flooded with
Thela and street vendors who continue their
businesses from morning till evening,
causing not only traffic congestions but
also result in serious threats of COVID-19
upon the society, we are of the considered
opinion that the Committee should not
further linger the matter of approval of the
vending zones that have been placed before
it for consideration and we further find, so
also Sri Sharma argues, that 38 vending
zones are not sufficient to accommodate
thousands of vendors in the city and
therefore, we direct that the Committee
shall in consultation with the Nagar Nigam
and the District Administration further
earmark vending zones in different parts of
the city besides 29 zones which are still
under consideration before the Committee.
However, we clarify that these vending
zones should not be developed on the road
side land of the city along the main roads of
the city and also they should not be in the
congested areas of the city where crowd
326 INDIAN LAW REPORTS ALLAHABAD SERIES
accumulates. We also direct that after
vending
zones
which
are
pending
consideration are approved, immediate
allotment exercise shall be undertaken and
once the allotment is made as per the rules
and the Act, vendors will be permitted to
occupy the places. If they fail to occupy the
allotted places, their vending license should
be cancelled and they should be restrained
from carrying on any business activity in
the places from where they had been
directed to be removed.

Accordingly, we order that the Town
Vending Committee shall swing into action
immediately and the exercise of approval
of pending zones be completed within a
week from today and allotment exercise
shall further be carried out within three
days thereafter and side by side exercise
to further identify vending zones shall
also be carried out and be completed
within
the
next
15
days.
A
comprehensive
report
regarding
approval of the allotment shall be
submitted on or before 1st October, 2020
and exercise for identifying new vending
zones and its approval shall be further
carried out in next 15 days and report
regarding that shall also be submitted by
17th October, 2020.

Issue No.-III:

On the issue of disposal of used masks
in disposal bins at different places, Sri
Kautilya has submitted that as far as the
offices are concerned in the city, the
collection bins have been placed and
besides that, persons have also been
employed by Nagar Nigam to collect masks
from
identified
places
for
disposal.
However, he further submits that as far as
commercial places are concerned the shop
keepers may also be directed to keep
disposal bins for used masks outside their
shops so that people visiting the shops, can
throw their masks in them and Nagar
Nigam shall carry out exercise of collecting
used masks from such places on a day to
day basis.

We find the above request so made,
to be genuine considering that fight
against COVID-19 is to be jointly fought
by one and all and so we direct that
Nagar Nigam shall inform all the
commercial shop keepers of different
commercial places to place disposal bins
for collecting used masks and Nagar
Nigam shall collect the same on a day to
day basis.

It is further directed that if shop
keepers violate the directions issued
hereinabove, they shall be given notice
by
the
Nagar
Nigam
and
shall
appropriately be penalized for the same.

On
the
issue
of
removal
of
unauthorized construction of permanent
structures of road side land/ public land,
there appears confusion regarding powers
between two authorities, namely, Nagar
Nigam
and
Urban
Planning
and
Development Authority. Learned counsel
for the Nagar Nigam submits that in view
of insertion of Section 26 (A) vide 1997
amendment in the Uttar Pradesh Urban
Planning and Development Act, 1973 the
powers have been taken away for the
operation and vested in the Planning
Development Authority whereas it has been
argued by Sri Paul, learned counsel
appearing for the Development Authority
that the powers under Section 295 and 296
and onwards except Chapter IX of the
Corporation Act, 1959 still have not yet
been repealed.

Both the counsel seek time to address
on this issue and, accordingly, the matter is
adjourned for this purpose till Monday.

Yet another issue had been raised on
the last date by the learned counsel for the
9 All. In Re:Inhuman Condition of Quarantine Centers and for providing Better Treatment to

Corona Positive Vs. State of U.P.
327
Nagar Nigam relating to the financial
constraints
of
the
Corporation
in
performing its duties as enumerated under
Section 112-B and Section 114 of the Uttar
Pradesh Municipal Corporation Act, 1959.

Learned counsel for the Nagar Nigam
has drawn our attention towards Sections
138(A) and Section 139 of the Corporation
Act, 1959 which provide for review of the
expenses to be incurred by the State
Finance
Commission
and
then
recommendation for making deficiency of
the shortfall, good. The creation of funds of
the Corporation did consist, as he argues, of
funds to be given as grant-in-aid by the
Government from the State Consolidated
fund.

Sri Goel, learned Additional Advocate
General
had
sought
time
to
have
instructions in the matter and today Sri
Goel has submitted that the instructions are
still awaited and has sought a week's
further time in this regard. Accordingly, the
matter on this issue is adjourned as well
and we hope and trust that Sri Goel shall
have sufficient instructions in the matter by
the next date.

Issue No.- IV :

Now,
coming
to
the
issue
of
containment of wide spread pandemic
COVID-19, we have repeatedly in our
earlier orders raised concern regarding noncompliance of the COVID-19 guidelines
which have been modified from time to
time as the Government has proceeded to
unlock
the
Government
and
public
activities in stages.

Ever since the first lock down was
imposed on 25.03.2020, we have been
experimenting with various ways and
means to control the pandemic. To control
the pandemic, we have to stop the spread
and also treat the people who have got the
infection of COVID-19 virus. As of today,
to stop the spreading of pandemic,
humanity has realized that the only
methods available to it were that it has to
maintain social distancing and wear masks.

The New England Journal of Medicine
(NEJM) which was published on 08.09.2020
reports that the latest research is that wearing
of masks does not only prevent the person
who is wearing the mask from getting the
infection but it says that if everyone wears a
mask it shall also lessen the force of the virus
for the whole world, resulting in the
elimination of the virus. From the reading of
the article it appears to us that this is the last
opportunity
now
available
to
rescue
civilization from the effect of this pandemic. If
we do not take action today, we will not be
able to face our progenies, who would always
look up to us questioningly as to why we did
not take requisite actions despite the fact that
we had the power to take the same. The article
about which we would further elaborate in this
judgment of ours says that the mutating/
changing virus might get a vaccine in the
coming months but it also says that there is no
surety of the fact that it would last for a very
long time. It also mentions that today there is
no proof of the fact that what would be the
after effects of the vaccine. This much the
researchers, however, are sure that if 100%
masking is done by us then the virus by itself
would die a natural death.

Sri Goel has placed before this Court
the instructions that he has received qua
policing and setting up the requisite Task
Force to ensure that the public wears
masks, besides the statistics regarding
registration of the first information reports,
submission of the charge sheets in cases of
violation of COVID-19 guidelines inviting
application of Penal provisions under
Sections 188/267/270 of I.P.C. and the
Pandemic Act.
328 INDIAN LAW REPORTS ALLAHABAD SERIES

Sri Goel has drawn the attention of the
Court towards the order issued by the
Deputy Inspector of General of Police/
Senior Superintendent of Police, Prayagraj
on 22nd September, 2020. In this order task
forces have been constituted police station
wise in the municipal area of Prayagraj. He
informs that two task forces have been
constituted at each of the police station and
each task force, it has been submitted,
would consist of a Sub-Inspector, a head
constable and a constable. It is submitted
by Sri Goel that this task force shall carry
out a round the clock vigil in the city in
coordination of each other in the territorial
limits of their respective police stations to
ensure that the public wearing of masks
would not only remains a slogan but would
become a public order. He submits that
policing shall be made more strict and the
vigil shall be intensified on public roads
and public places to ensure that everyone
wears a mask once he is out of his house.
He has assured that this police task force is
in addition to the forces that have already
been deployed by the police department in
the city area to ensure full and strict
compliance
of
COVID-19
guidelines.
Though we do not doubt the concern shown
by the administration and the bona fides of
the police administration in the city to take
steps to convince and at times force people
to wear masks so that the pandemic is
contained but we find from the photographs
that have been brought on record by the
learned Additional Advocate General as
part of the instructions that huge assemblies
of people at various public places are still
there and that people also are not wearing
masks as a routine. The police force thus,
in our clear view, does not constitute
requisite force and if situation like this
continues, we do not think that the
pandemic is going to be contained. The
manner, in which the positive cases are
being reported every day, fully establishes
that until a person is tested, his status qua
COVID-19 is not known and he continues
to infect all those who come in contact with
him and thus the chain goes on. The testing
of COVID-19 infection is only an exercise
to identify people and isolate them but it
has its own limitations and no one can rule
out that if the number of testing is
increased by five times, the number of
positive patients would also increase by
five times. Thus, whatever the statistics is
being published regarding number of
positive cases, it can be said is only the tip
of the iceberg. There is no possibility of
any vaccination getting into action in the
State very soon as the researches are still
underway at different stages by different
research institutes and scientists.

Under the circumstances, therefore,
one has to find out ways and means to
contain spread of pandemic COVID-19.
Research in New England Journal of
Medicine as we have already referred to
above in earlier paragraphs of this order
further states "viral shedding from the
noses and mouths of patients who were
presymtomatic or asymptomatic - shedding
rates
equivalent
to
those
among
symptomatic patients. Universal facial
masking seemed to be a possible way to
prevent transmission from asymptomatic
infected people" and that is why much
emphasis has been laid from time to time
that "public wearing mouth/ face cover
masks" should be followed in all areas be it
of community spread or other areas with
high rates of transmission. The journal
reports further that while we await results
of vaccine trials, any public health measure
that
could
increase
proportion
of
asymptomatic SARS-CoV-2 infections may
both make the infection less deadly and
increase population wide immunity without
severe illness and deaths.
9 All. In Re:Inhuman Condition of Quarantine Centers and for providing Better Treatment to

Corona Positive Vs. State of U.P.
329

We are, therefore, convinced with the
study shown in the journal leading to the
conclusion that the "100% population
masking" is the only strategy by which we
can attempt on containing the spread of
pandemic COVID-19 totally.

Dr.
Naresh
Trehan
of
Medanta
Hospital, New Delhi has expressed his
view that COVID-19 infection should not
be taken lightly as it may seriously and
adversely affect the heart and lungs and it
could be known only after passage of some
time and at times the infection could even
be brought home by those who are hale and
hearty because of carelessness of people
and their elderly family members and
children
at
home
may
get
infected
adversely and, therefore, besides the
doctor, and Government, public has also to
involve itself in the fight against COVID19.

Another doctor, Dr. Devi Shetty of
Bengaluru has expressed his view that this
pandemic may well continue to last for a
further year and, therefore, more and more
doctors have to be appointed to meet the
situation that may arise because of the large
scale infected people coming to the hospital
in near future.

Dr. S.K. Sarin of Delhi has stated that
it is imperative to make a rule "no mask no
entry" in public places and institutions
including banks etc. He rightly said that if
everyone wears a mask, it will act like a
vaccine and no second person will get
infected.

Under such circumstances, we issue
a writ of mandamus for the whole of the
State of Uttar Pradesh that no person
should be seen outside his/ her house
without a mask on his/her face and he or
she should check that the mask covers
both the nose and the mouth. The police
in all the districts of the State of Uttar
Pradesh should in all police stations of
all the districts deploy Task Forces to
implement this mandamus. Each task
force should consist of many more police
personnel than presently have been
deployed. Needless to say that violation
of this mandamus would entail rigorous
punishments.
The
Police
and
the
Administration cannot get away by
saying that people are to be blamed for
not wearing the masks. They cannot say
that despite their best efforts, masks are
not being worn. The people and the
Administration should realize that today
wearing of masks is not only for the
protection of the person who is wearing
it but it is now also important for
protecting the whole society and if a
person commits a crime against society,
he has to be punished. We further direct
that the police of the entire State of Uttar
Pradesh
has
to
necessarily
take
appropriate
action
under
relevant
provisions of the various Penal laws, the
moment it finds a person without a mask
in the public.

The Advocate Commissioners whom
we have appointed shall report to the
Zonal
officers
and
the
Municipal
Commissioners through the email Id
which have been provided to them in the
Court itself by Sri Kautilya, learned
counsel appearing for the Municipal
Corporation. They shall also mail their
report regarding the exercise of the task
forces on a daily basis to the Registrar,
Legal Cell, High Court Allahabad on his
email Id and shall also forward the same
to the Additional Advocate General.

On the next date fixed we shall have
due consideration of the reports submitted
by the Advocate Commissioners regarding
the policing to enforce public wearing of
masks, by the task forces.

Issue No.- V:
330 INDIAN LAW REPORTS ALLAHABAD SERIES

So far as the treatment part is
concerned, it is evident that despite the best
efforts of the Government there are
shortcomings. From the various arguments
which have been placed at the Bar before
us, we find that there are certain remedial
measures which are important and they
should be brought in:-

(i) Medical facilities should be made
available to one and all.

(ii) The Task Forces which have
been constituted for rendering medical
help should have empathy towards the
ill.

The Court is aware of a case where
after the COVID-19 patient had passed
away. A phone call came to the relative of
the person who had died asking him as to
whether the person who had got infected
would go for hospitalization or would he
like to remain in home isolation. To the
first call, the relative had responded that the
person about whom the enquiry was being
made had already died. Thereafter, repeated
phone calls were being made to the relative
of the deceased asking the very same
question as to whether the person who had
got infected would like to get hospitalized
or would prefer home isolation. The
relative kept on informing that the person
about whom the enquiry was being made
had passed away. The telephone calls were
being made from the following numbers:-

(i) 8887680362; (ii) 0532-2641582;
(iii) 0532-2641579; (iv) 8299373859; (v)
0532-2641594; (vi) 0532-2641584; (vii)
0522-2723481; (viii) 0532-2500281; and
(ix) 0532-2500287

The Court, therefore, feels that the
portal is not being updated. In the case in
hand, the person who had got infected had
died but it is a matter of concern as to what
would happen if a person had not died and
had informed to the person who was
making the enquiries about his illness etc.?
One can understand the plight of a person
who instead of getting medicines and
medical advice gets only telephone calls.

The Court finds that these enquiries,
therefore, are only empty formalities and
there is no sincerity on the part of the
person who makes the enquiry, which
surely shows that the portals are only for
namesake and are not actually being
updated. From all this, the Court gathers
that the phone calls were being made from
professional call centres who were not
interested in the treatment of the person
infected but were only making empty
phone calls for some payment they might
be getting.

Thus, the Administration in this
regard is directed to ensure that every
information which is provided, should be
entered against the name of the person in
respect of whom the enquiry was being
made and the portal should genuinely be
updated on a day to day basis. Further
problem which has come to the notice of
the Court is that if a person who is in
home isolation requires CT scan and Xray then no pathology entertains that
patient. Every district in the State of
U.P. should have a dedicated clinic (it
can be in the clinics of the municipality
of every district) where a person who is
in home quarantine can go and get
his/her CT scan or X-ray done.

Put up this matter again on 28th
September, 2020 at 10:00 A.M.

Let a copy of this order be sent to the
Additional Chief Secretary (Home), State of
Uttar Pradesh, Director General of Police,
Uttar Pradesh, Lucknow and all the District
Magistrates, Senior Superintendents of Police
and Superintendents of Police of all the
districts of the State within 48 hours for
necessary action and compliance of this order
at their end.
----------
9 All. Dr. Mohammad Ayub Vs. State of U.P. & Ors.
331
(2020)09ILR A331
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 29.07.2020

BEFORE

THE HON'BLE PANKAJ MITHAL, J.
THE HON'BLE DR. YOGENDRA KUMAR
SRIVASTAVA, J.

Public Interest Litigation (PIL) No. 749 of 2020

Dr. Mohammad Ayub ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Sri Arvind Kumar , Sri Rahul Chaudhary

Counsel for the Respondents:
C.S.C.

A. Public Interest Litigation - Covid - 19 -
the restrictions imposed by the State
Government imposing lockdown for two
days in a week during the extraordinary
situation
created
due
to
COVID-19
pandemic cannot be said to impinge upon
any of the Fundamental Rights of the
petitioners or members of any religious
community. It is further observed that the
Fundamental
Rights
is
subject
to
reasonable restrictions which may be
necessary in the interest of public order.
(Para 8, 9)

PIL Rejected. (E-10)
(Delivered by Hon'ble Pankaj Mithal, J.
& Hon'ble Dr. Yogendra Kumar Srivastava, J.)

1. Heard Sri Rahul Chaudhary,
learned counsel for the petitioner and the
learned Standing Counsel appearing for the
State-respondents.

2. The petitioner is claiming to be a
renowned surgeon and a member of Peace
Party. He has preferred this writ petition in
public interest alleging that Qurbani
(sacrifice) is mandatory on the festival of
Eid-ul-Adha
which
is
falling
on
31.07.2020. He orally submits that the
festival is actually on Saturday, 1st of
August, 2020. The petitioner, therefore,
prays that for the purposes of Qurbani on
the said day of festival relaxations may be
provided in the guidelines of the State
Government
dated
12.07.2020
which
contemplate for a two days' lockdown in
view of COVID-19 pandemic on every
Saturday and Sunday.

3. The submission of the learned
counsel for the petitioner is that the
lockdown which is applicable on every
Saturday and Sunday infringes with the
right guaranteed under Articles 21 and 25
of the Constitution of India.

4. Fundamental Rights as contained
under Part III of the Constitution have
always enjoyed a special and privileged
place in the Constitution and occupy a
unique place in the lives of the civilised
societies. They have been held to be
transcendental, inalienable and primordial.
However, the Fundamental Rights under
Part III are not of an absolute nature, and
the
same
are
subject
to
reasonable
restrictions.

5. Article 25 secures to every person
the freedom of conscience and free
profession, practice and propagation of
religion.

6. The entitlement to freedom of
conscience and the right freely to profess,
practice and propagate religion is, however,
subject to public order, morality and health
and to other provisions of Part III.