Tanmay Jyoti Mahanta in PIL argued that the State businesses have failed in implementing necessary use of correct face masks by the residents of the State who transfer out of their homes. The residents don’t preserve correct social distance in public or work locations. This has resulted in extensive spread of the Pandemic. In the absence of medication or vaccine, sporting face masks and following the norm of social distancing are the one measures to keep away from the unfold.
As per the federal government instruction anyone violating these directions on use of face cowl can be punishable below part 188 of Indian Penal Code. All cops not beneath rank of Assistant Sub-Inspector of Police shall compound the offence on cost of rupees 5 hundred for the primary, second and third offence and on cost of 1 thousand rupees for the following offences. Fines thus collected shall be deposited into Government Treasury via treasury challan .
The public curiosity litigant has impressed on the Court that there’s an pressing want for strict and correct path to the involved respondent authorities for implementing using face masks and sustaining social distance in public and work locations.
The court docket noticed that, “We are pained at recording that it is common knowledge that the residents of the State in market places and otherwise can be commonly seen without wearing any masks, or wearing masks below nose level which would result in spread of Coronavirus (COVID-19). We further find that people get together in groups in market places and in work environments without caring for their own health or the health of the others. Surely, no resident/citizen has the right to put his own life in jeopardy or put the life of the others at risk. For the said purpose various legislations have been made and in exercise of power various orders have been issued. The orders, however, apparently are being flouted because the punitive action provided thereunder is not being taken against the violators of the Government orders and notifications.”
The court docket acknowledged, “We hereby direct that anybody violating instructions dated 08.05.2020 (supra) on use of face cover would be punished as suggested vide order dated 08.05.2020. This order is being issued in view of the fact that the hospitals are overflowing with COVID-19 positive patients. The oxygen is already in short supply in the hospitals. The Government is spending from its limited resources and coffers. For the benefit of the poor, COVID-19 tests are being conducted without any cost. In such circumstances, public interest convinces us to pass this order at this stage and juncture”
The Court directed the involved District Heads of Police, Deputy Superintendents of Police and Officers-in-Charge of the Police Stations to be proactive on the streets and verify whether or not the instructions issued vide order dated 08.05.2020 (supra) and this Court are complied with or not. In case the instructions are violated, superb be imposed as supplied so as dated 08.05.2020. The superb imposed on the violators and thus collected be dropped at the discover of the Court via the Office of the discovered senior Standing Counsel, Health & Family Welfare Department, Government of Assam.
“We hereby direct the Deputy Commissioners to involve officers/officials from various Departments who would inspect various areas in their respective townships, including Sub Divisions to find out whether the respective police stations/police officers are complying with directions issued vide order dated 08.05.2020, and this Court by virtue of this order. The direction that is being issued today is considering emergent conditions that have emerged as we have observed on the streets, at this stage, and the dangers associated with the spread of the Pandemic.”