[Covid-19] Wearing Mask Casually Leaving Mouth/Nose Exposed To Be Treated On Same Footing As Not Wearing Mask, Liable To Same Punitive Action: Punjab & Haryana HC

While disposing of the petition highlighting the grim situation of covid 19 pandemic, the Punjab and Haryana High Court on Friday ordered that the States of Punjab, Haryana and UT of Chandigarh shall depute officials of the municipal bodies or health authorities for ensuring that mask etiquettes are followed by the general public and that the States shall promptly redress grievances on the designated helpline numbers.

Furthermore, the division bench comprising of Justice Rajan Gupta and Justice Karamjit Singh also went ahead to order that the persons wearing their masks casually leaving their mouth or nose exposed will be treated on "equal footing as those not wearing the mask at all."

"States shall also depute officials of the municipal bodies/health authorities to ensure that mask etiquettes are followed by general public. Heads of the public as well as private institutions would sensitize the employees to wear masks in appropriate manner. Persons who wear the masks casually leaving their mouth and/or nose exposed would be treated on the same footing as those not wearing the mask at all and liable to same punitive action." the Court ordered.

The Bench was dealing with a petition wherein Amicus Curiae, Senior Advocate Rupinder Khosla in the previous course of hearing had apprised the Court about the "complete chaos due to the situation arising out of spread of Covid-19 as the Government guidelines were not being followed in the region."

The said order came on the submissions of the counsel appearing on behalf of all the three States wherein various assurances were given by the States on the steps being followed by them to tackle the pandemic.

Submissions of the State of Haryana

It was submitted on behalf of the State of Haryana that there are nodal agencies in every district headed by the Deputy Commissioner, concerned Superintendent of Police, a representative of the Municipal Council/Corporation and a Civil Surgeon that are presently functional to deal with the emergency situations.

Furthermore, the Court was also apprised that the senior officers of the State have decided that in Secretary, Legal Services Authority in every District would also be a member of the said Committee as he receives number of complaints arising out of the covid situation.

Assurance was also given that the said meeting of the Committee shall be held on a daily basis by way of electronic means and prompt response will be given by the Administration as and when a call is received on the helpline number or by the Committee itself.

Submissions of the State of Punjab

The State of Punjab apprised the Court that it has no objection of forming a similar committee in order to address the public grievances, however, it was submitted that a designated helpline number 104 has already been assigned which entertains all types of grievances of the public.

In view of this, the Court directed the State of Punjab to make such arrangements at the earliest.

Submissions of the UT of Chandigarh

Counsel appearing for UT of Chandigarh submitted in the Court that a "war room" was operational for considering the complaints of general public including a dedicated phone number.

The Court, after noting that all the three States assure of handling the grievances promptly and punitive measures shall be taken against private hospital and medical institutions, also noted that the surprise checks shall also be conducted by the concerned authorities on such private facilities.

On the assurance of States to promptly deal with grievance calls, the Court ordered thus:

"More personnel shall be deputed to attend such calls and PCRs/Beats in the nearby vicinity shall be activated. Such numbers shall be widely publicised on the electronic and print media in order to make the public aware of the help available at hand and instill confidence in them in the current pandemic situation."

Observing that assurances given by the States will be followed, the Court decided that no further orders are required to be passed by it at the given stage. However, the Court granted liberty to the amicus curiae to seek revival of the petition in case it is necessary.

"Respective States shall file a status report regarding day to day developments in every District by way of a short affidavit in the Registry within a week." The Court went ahead to observe.

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