COVID19-Control Congestion In Public Places During Year-End Festivities: Calcutta High Court Directs State Govt.

Update: 2020-12-30 08:27 GMT
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In light of the recent newspaper reports indicating that there has been overcrowding in public places, the Calcutta High Court on Tuesday (29th December) asked the Chief Secretary of West Bengal Government to ensure that effective protocols are maintained during the year-end festivities. The Bench of Justice Kausik Chanda and Justice Moushumi Bhattacharya said, "The protocols...

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In light of the recent newspaper reports indicating that there has been overcrowding in public places, the Calcutta High Court on Tuesday (29th December) asked the Chief Secretary of West Bengal Government to ensure that effective protocols are maintained during the year-end festivities.

The Bench of Justice Kausik Chanda and Justice Moushumi Bhattacharya said,

"The protocols would include measures taken by the police authorities to control congestion in public places particularly in the popular spots of the city where such crowding has been frequently noticed in recent times."

The matter before the Court

The bench was hearing writ petitions for appropriate directions on the respondent authorities for banning the sale and use of fire crackers during festivals.

The prayers also sought a direction on the respondent authorities to prevent overcrowding in Kali Puja, Jagadhatri Puja, Kartick Puja and Chhat Puja pandals.

Court's order

The Court observed that both the writ petitions had become infructuous as the writ petitions were filed on 3rd November, 2020 for controlling the crowds during Kali Puja, Chhat Puja etc.

However, to prevent overcrowding in public places during the year end festivities the Court issued directions for the State Government (as mentioned above).

The administration was also asked to ensure that there are "sufficient number of check points for providing masks, sanitizers and medical aid to the revelers."

The Court also said that similar orders passed in Public Interest Litigations involving similar concerns would continue to be complied with.

It may be noted that on Monday (19th October), in public interest, the Calcutta High Court had declared that all pandals where Durga Puja would be celebrated this year, shall be made no-entry zones for members of the public. However, on Wednesday (21st October), the High Court had partially modified this order relaxing entry restrictions in Puja Pandals.

In related news, the Uttarakhand State Government recently assured the Bench of Acting Chief Justice Ravi Malimath & Justice Alok Kumar Verma that necessary protocol would be observed by the State on the days of the high influx of the tourists on New Year Eve.

Case title - Ms. Anasua Bhattacharya v. State of West Bengal & Ors [W.P.A. 9184 of 2020 IA No. CAN 1 of 2020]

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