Plea In SC Seeks Deployment of Military In Each State, for Proper Implementation Of National Lockdown [Read Petition]

The PIL also seeks for directions in laying down of guidelines, devising strategy to protect the fundamental rights of the citizens by the Respondents. It further seeks for the Central Bureau of Investigation or National Investigation Agency to investigate into the matter related to assembly of people at various parts of the country.

The Petition, filed by Advocate-on-Record Omprakash Parihar and Advocate Dushyant Tiwari on behalf of Kamlakar R. Shenoy, states that the Central and State authorities have failed "to secure the life of the people from Coronavirus" by allowing mass mobilization to take place, despite the rapid increase of COVID-19 cases.

The plea goes on to refer to various incidents, such as the assembly of migrant workers from Bihar and UP at the Anand Vihar Bus Terminal. It is stated that the authorities of the Delhi Government took no action to stop the workers from leaving their houses and even arranged for DTC buses to drop them. A reference has been made to the gathering at a Markaz in Nizamuddin, wherein thousands attended a congregation of the Tablighi Jamaat.

There is a Writ Petition pending before the Supreme Court regarding the culpability of the Delhi Government in their failure to prevent the aforementioned gatherings, and even facilitating the same.

With the extension of the lockdown being announced by the Prime Minister Narendra Modi on 14.04.2020, several instances came to light regarding gatherings of thousands of people in Gujarat, Telangana and Mumbai.

"These gathering were allowed to be mobilized when COVID-19 cases have been rapidly increasing across India and these States have been witnessing the COVID-19 cases in multiple, in fact these States are amongst the top 10 of the COVID-19 affected cases".

The plea asserts that the gatherings comprise a part of a "well-hatched plan orchestrated to sabotage Lockdown plan by few antisocial elements". It also alludes to news reports which state that majority of the people gathered are not migrant workers who want to go back home and that many are people who have gathered empty-handed without luggage.

With health sector officials continuously getting attacked and people who have been quarantined or are under treatment, trying to run away, the plea states that there is a need for security to be increased at these places.

As apprehension has increased regarding a religious festival taking place in the month of the April, "if proper Armed Force is not deployed in the Coronavirus Hotspot Areas of Indai, so there will be a chance of more attacks on hospital sector people, social workers, police etc. and this might lead to communal clashes etc. which is not a good sign for controlling the spread of Coronavirus in India".

The plea concludes with the statement that the incident of violations should be investigated by the "competent National Investigative Agency/Central Bureau of Investigation, as these are nothing but an act of waging a war and mere registration of FIR under IPC will not be sufficient as a deterrent measure, some tough steps need to be taken".

The matter is likely to be listed in the coming week.

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