Bombay High Court Cracks Whip On People Wearing Masks Below Chin; Asks Police To Take Strict Action

The bench noted that people blame the administration for the rise in covid cases, but it is "shameful" that they have to be penalised for their own benefit.

In this light, we have to pass orders for citizens to protect themselves as if they have no responsibility to protect themselves and their family members.

Unfortunately, people have to be advised to protect themselves and, at times, have to be penalised so as to make it compulsory to protect themselves, as if they have no responsibility.

A division bench of Justice Ravindra Ghuge and Justice BU Debadwar then directed, the "police department to implement Covid restrictions strictly and ensure that any person found in a public place not wearing a mask, should be prosecuted, no matter the position he holds. "

The court observed that citizens wear masks below their chins, keeping the nose and mouth open."In the press reports and electronic media, we have seen people appear to take pride in hanging the mask below the chin".

As for helmets, the court observed people often hang them on motorbike's rear and wear it when they spot a police officer.

On Friday, the bench hearing its suo motu PIL on covid-19 management in the Marathwada region said their April 26 order would continue with a host of directions for strick implementation of lockdown. It includes carrying an Aadhar Card during the lockdown.

Court rejects ACP Traffic, Suresh Wankhede's apology

During the last hearing on Wednesday, the court had sought a written apology from ACP (Traffic), Aurangabad, Suresh Wankhede for not complying with its order from April 26. The court had directed bikers to wear helmets in its order. The bench noted that Wankhede issued a press note that people were at "liberty" to wear helmets from May 15, nearly 20 days later.

On Friday, the court took Wankhede's affidavit on record and observed there wasn't even a whisper about the press note or that newspapers had wrongly quoted him.

Except for declaring his respect to the court, Shri Wankhede has not stated anything about his action, which was the focal point.

Therefore, we are rejecting his affidavit and are not treating it as his apology to this court. This does create a ground for initiating contempt action against the said officer; the court observed while posting the subject for hearing on Wednesday.

Former Mayor's birthday party

The Amicus Curiae SS Bora showed the bench a news report, where a former mayor is seen celebrating his birthday along with 12 others, only one of whom was wearing a mask albeit below the chin.

We are surprised that people's representatives who are expected to lead from the front and aspire to be leaders and role models are taking pride in celebrating their birthdays publicly, the court remarked.

Chief Public Prosecutor DR Kale's informed the bench that an offence is registered against those involved. While marriage ceremonies were permitted for only two hours with 25 attendees, the court noted that the prosecutor seemed unaware if such restrictions were applicable for birthday party celebrations of peoples representatives.

We are surprised that people's representatives who are expected to lead from the front and aspire to be leaders and role models are taking pride in celebrating their birthdays publicly, the court observed.

Antigen Tests for primary health care centres

Following the amicus's submissions that residents of far-flung villages rush to the nearest primary health centre or rural hospitals on developing symptoms, and their swabs are then taken to the most immediate district for RT-PCR testing, the bench said antigen testing must be encouraged.

These two days are crucial and could be fatal to the patient. Therefore, we are directing all the respondents to increase Rapid Antigen at the PHCs and rural hospitals.

So that the results which are made available within 30mins could be conveyed to the patient and a patient found positive can be shifted to a hospital which could save his life, the court said.

LPG Crematoriums

The bench directed all the respondents to invite philanthropists, industrialists, people's representatives, and NGOs to contribute towards establishing LPG crematorium.