[Lockdown] Orissa HC Partially Lifts The Ban On Using Two Wheelers, Orders Release Of Seized Vehicles On Undertaking [Read Order]
The Orissa High Court on Thursday made crucial remarks with regard to the seizure of vehicles of lockdown violators and observed that until availability of essential commodities at "walkable distance" is ensured by the state, absolute ban on vehicles is not justifiable. A division bench of Acting Chief Justice S. Panda and Justice Biswanath Rath noted that ever since...
The Orissa High Court on Thursday made crucial remarks with regard to the seizure of vehicles of lockdown violators and observed that until availability of essential commodities at "walkable distance" is ensured by the state, absolute ban on vehicles is not justifiable.
A division bench of Acting Chief Justice S. Panda and Justice Biswanath Rath noted that ever since the nationwide lockdown was imposed, people of the State are in "serious misery" and complete ban of movement of two wheelers in absence of a system making availability of essential commodities at the walkable distance, will add further to the miseries of the people.
It thus urged the Police department to look into this from "humanitarian angle" and directed,
"Until any particular guideline and proper arrangement are brought in the matter of above, there should not be complete ban of movement of two wheelers and relaxation may be made subject to satisfactory explanation by such riders."
The order was made keeping in view the "precarious condition" prevailing in the State having no particular mechanism in the matter of availability of vegetables, medicines and other such usable items within walkable distance. The court noted that for collection of same, different category of people including Senior Citizens, women and persons unable to ride cycle were being forced to venture out.
In this backdrop the bench expressed hope that the Government will bring out "composite planning" on availability of such essential items locally, thereby requiring no use of two wheelers at the earliest. In the interregnum it has been directed,
"vehicles already seized shall be released by obtaining undertaking from the persons concerned, from which such vehicles are being seized, that he/she shall not utilize the same any further. Further such vehicle shall be released at least thrice without imposing fine and only on above undertaking. Such practice may continue at least till Government comes up with proper guideline and mechanism for making available of useful commodities indicated hereinabove within walkable distance."
However, the court clarified that "This may not be construed to be a complete lifting of Ban."
The observations were made in a PIL filed by one Bijaya Kumar Ragada, raising various issues and aspects related to the COVID-19 pandemic.
During the course of hearing the bench noted that during lockdown period, a number of vehicles were being seized by the Police authorities on the premises of violation of conditions of the lockdown. Accordingly, the abovementioned observations were made.
Case Details:
Case Title: Bijaya Kumar Ragada v. State of Odisha & Ors.
Case No.: WP (C) No. 9095/2020
Quorum: Acting Chief Justice S. Panda and Justice Biswanath Rath
Appearance: Petitioner in person; Additional Government Advocate for Respondent
Read Order