COVID19: Jammu & Kashmir HC Issues Various Directions Surrounding Issues Of Public Welfare & Safety Amid Lockdown

The Jammu & Kashmir High Court on Thursday passed multiple directions in matters pertaining to issues surrounding the public at large in view of the lockdown amid Coronavirus Outbreak.

A bench of Chief Justice Gita Mittal & Justice Rajnesh Oswal directed various concerned authorities to formulate reports and apprise the Court about the issues of welfare, safety, basic needs of the J&K residents and others and also took note of inadequate status reports and lack of measures (if any) therof.

Regarding Status of residents of J&K/Ladakh lodged in prisons in other parts of India

The Court directed the Director General of Police (Prisons), J&K to file a report regarding steps taken in terms of the report on record, within 10 days "with regard to prisoners in Jammu and Kashmir who are lodged in the UT and in other parts of India".

Regarding Issues of Safety, Care, Health and Violence against Healthcare Professionals and Clinical Establishments-Need for a legislative framework

Bench took note of the report filed by Amicus Curiae Ms. Monica Kohli and noted that the bench had been apprised of a development with respect to a public consultation ensuing between concerned authorities on a Bill namely, "Healthcare Service Personnel and Clinical Establishments (Prohibition of Violence and Damage to Property) Bill, 2019 ("Draft Bill").

This was being currently examined by the Ministry of Home Affairs. The Court directed that the objections of the MHA be filed.

Subsequently, notice was also issued to other important stakeholders in the issue i.e., the Indiam Medical Association, Junior Resident Doctors, Government Medical College of Jammu as well as the Doctors Association of Kashmir.

Regarding Issue of impact of pollen from poplar trees

A report in this regard was directed to be placed on record by the AAG Mr. Amit Gupta within 10 days.

Regarding Lack of efficient internet facility in the Union Territories of Jammu and Kashmir and Ladakh

The bench took note of the fact that no report had been received on this issue and directed the Secretary, Home Department of the UTs of Jammu and Kashmir and Ladakh before the next date of hearing.

Regarding issue of impending Darbar Move

Taking note of several reports filed by authorities for arrangements for Darbar Move from Jammu to Srinagar, the Court noted that it shall consider the impact of this basis an analysis of the complete information received.

Regarding Welfare of stranded migrant/contract labour, visitors

Court took note of the plight of migrant workers, contract labourers, visitors to places of religious importance in the valley and tourist spots, who on account of lockdown had been left stranded in different locations in the UT. 

The Court observed that,

"It is also submitted that these persons are living in deplorable conditions and their essential needs are not being met"

In light of this, the Court directed the "Divisional Commissioners of Jammu and Srinagar submit

a report to this court with regard to the conditions regarding the above categories of persons".

Regarding issue of travel permissions

Notice was issued on the Government authorities in an application seeking direction for grant of travel permission as well as return of Kashmiris stranded in Jammu and the Court directed that a status report be filed immediately.

Regarding issues of difficulties being faced by the Agricultural sector and farmers in J&K.

The court noted that a reply be filed by the concerned authorities in this regard before the next date of hearing.

Regarding issue of spraying in certain areas of Jammu

Court issued notice in applications and stated that,

".... judicial notice can be taken of the fact that temperatures are rising and there may be insufficiency of the water supply in the various districts of J&K. Therefore, it is essential that the Municipal Corporations draw up an action plan to combat vector borne diseases also in anticipation of the problems which could arise in the near future"

The bench also noted that a comprehensive action plan must be devised by the Jammu Municipal Corporation as well as the Srinagar Municipal Corporation to examine issues sanitation, growth of mosquitos as well as garbage disposal and directed that a status report be filed within 10 days.

Further, pointing to the modalities surrounding emails and applications which are being received seeking individual releif, the bench pointed out that the Registrar Judicial register the applications as batch matter of the present case.

Various other issues such as the difficulties faced by advocate for want of finances, subsidised COVID19 tests, temporary registration of all previously retired retired private and charitable hospitals with the Union Territory and to provide them empanelment under the PMJAY were also taken up by the Court wherein it was directed that the same be initiated as representations before the requisite Ministry.

The matter will now be taken up on April 22, 2020.

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