COVID-19: Guidelines Shouldn't Be Thrown To The Wind, Police-People Confrontation Can't Be Permitted: Calcutta High Court To Govt.

Importantly, the Bench of Chief Justice Thottathil B. Radhakrishnan and Justice Arijit Banerjee also directed the Government to ensure that confrontation between the police and the people should not be permitted to happen, since situations of human rights violation and such aspects have also to be taken care of.

While disposing of the plea raising apprehensions with regard to the enforcement of COVID-19 guidelines, the Court underlined that there are three golden cardinal principles rolled out for the people to follow, which are:-

• Maintaining social distancing,
• Wearing of masks and
• Sanitizing the hands.

Further, the Court remarked,

"We are clear in our mind that social responsibility of the citizens in terms of the fundamental duties enshrined in Part-IV A of the Constitution should necessarily trigger the citizens to act in consonance with the larger good."

The Court continued,

"This includes the use of masks, following the sanitization process and also keeping safe distance not only for the benefit of one's self but also for the benefit of such person's kith and kin as also the neighborhood and the society at large.

Further, noting that the enforcement of such matters through policing cannot go beyond a particular range on ground, the Court directed the State,

"The confrontation between the police and the people should not be permitted to happen, since situations of human rights violation and such aspects have also to be taken care of."

Apart from this, the Court also observed that with the passage of time, it could take judicial notice of the fact that many sectors have opened up.

"The Courts have also opened up. The railway sector, the metro railways, malls, cinema halls etc. are now being permitted to be opened up. Obviously, this does not mean that all guidelines and safety precautions should be thrown to the wind", remarked the Court.

Further, the Court also underlined that the Government has not only policing power but also an advisory role as the elected representative of the citizens.

Lastly, taking into account all the aforesaid consideration, the Court was of the view that the instant writ petition could be disposed of by requesting the Senior Standing Counsel appearing for the State Government to bring the apprehensions raised by the petitioner to the notice of the appropriate authorities in the Government so that the governmental action will also, be focussed on aspects sought to be raised by the writ petitioner.

Thus, the writ petition was disposed of with such directions.

Case title - Mangal Sardar v. The Union of India and Ors. [WPO(P)/3/2021]

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