COVID-19- Judicial Notice Can Be Taken Of The Fact That Situation In State Of Assam Is Much Better: Gauhati High Court

The Bench of Chief Justice Sudhanshu Dhulia was hearing a Public Interest Litigation wherein the petitioner had raised the concern about the rapid spread and increase in the number of COVID-19 infected cases in the State of Assam since 31st March, 2020, when the first case was detected.

While noting that the Court had taken cognizance of the matter and from time to time certain directions in the case were passed, the Court said,

"There is also a fall in the daily cases of infection and other parameters also suggest that the situation is in control, and the State of Assam fares comparatively better, if we make an All-India comparison."

However, the Court also said that our guards shouldn't be laid down. Further, the Court said,

"It is made absolutely clear that all the guidelines given by the Ministry of Health and Family Welfare, Government of India in this area, shall continue to be strictly implemented."

In view of this admitted position, the Court did not feel that any further monitoring was required in the matter and so the PIL was accordingly closed.

In related news, the division bench of the Gauhati High Court consisting of Acting Chief Justice Mr. N Kotiswar Singh and Justice Manish Choudhary last month issued notice in a PIL filed by Senior Congress Leader, Debabrata Saikia seeking directions to Union of India, Ministry of Health and Government of Assam against the refusal of State Hospitals in treatment of non COVID patients.

Case title - Tanmay Jyoti Mahanta v. The State of Assam and 3 ors. [PIL/53/2020]

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