[COVID-19] Chief Minister working tirelessly but ministers holding physical functions: Bombay HC prohibits public functions by MLAs, ministers

The Bombay High Court at Aurangabad on Wednesday took exception to politicians and ministers organising public events despite Chief Minister Uddhav Thackeray's appeal to comply with COVID protocol. (Registrar Judicial, Bombay High Court v. State of Maharashtra & Ors.).A Bench of Justices RV Ghuge and BU Debadwar said that the Chief Minster has been working tirelessly and had appealed to the entire State to maintain physical distancing, and such directions would definitely apply to the ministers too."Would heavens fall if such programs are postponed in light of the above order," the Court asked. If ministers themselves "refuse to support the lock down restrictions" then the only solution according to the Bench would be to order that such functions would not be held till the lock down restrictions are eased by the State, the Court said. The Court also took specific exception to Cabinet Minister Sandipan Bhumre holding physical functions in constituency despite appeals by the CM to his own ministers to hold virtual functions during pandemic. "The question that arises is, why did the Hon’ble Minister hold several functions by his physical attendance? Is he not duty bound to obey the instructions of the Hon’ble Chief Minister, who, in the interest of the public at large, has appealed to the common man as well as the people’s representatives to refrain from holding ceremonies and functions, physically," the Court demanded. .It, therefore, proceeded to order law makers and ministers to not conduct physical ceremonies and functions."We are, therefore, compelled by the circumstances created by the Hon'ble people’s representatives, to direct that these respected representatives of the citizens should not conduct physical ceremonies and functions like those which are mentioned in clause 10 and published in the newspapers, viz. inauguration of any constituency development program, bhoomipujan, felicitations, etc." the order said..The Court was hearing a suo motu case registered by it in relation to COVID issues after it came across newspaper reports regarding worrying aspects concerning the pandemic situation in the State..Advocate Satyajeet S Bora informed the Court on Wednesday that there was a failure on the part of the citizens to comply with the lockdown restrictions and more specifically the directions of the court of April 26, 2021..He submitted that there were reports of politicians pressuring police officers to permit shops to be kept open, liquor being sold openly and employees of Aurangabad Municipal Corporation sitting without masks.Bora apprised the court despite clear orders and directions from the Court to "discipline self" and obey the lockdown restrictions, politicians have been flouting restrictions.The Court was also informed that the Cabinet Minister for EGS and Horticulture, Sandipan Bhumre had physically held ceremonies in his constituency despite appeals from the Chief Minister Uddhav Thackeray asking his ministers to hold virtual rallies/ functions instead.."The newspaper also states that the Hon’ble Minister has violated diktats of the Hon’ble Chief Minister of Maharashtra, who has pleaded to his own Ministers not to hold ceremonies and functions, physically. Do we not realize that the citizens of our country gather in large numbers when people’s representatives make a physical presence for an inauguration ceremony or a bhumipujan ceremony," the Court noted in its order. .The Bench noted how the world was grappling with COVID and trying to increasing beds, medicines and ICU wards to aid patients. "The long lasting, inexpensive and quick solution is physical distancing, wearing of masks and maintaining high level of hygiene" the Court said. .In such testing and unprecedented times, it is the behaviour of the people which would decide the growth of the pandemic, the Court said."We all have a common enemy, who is a virus originating from Wuhan, unseen to the naked eye, and having the potential of wiping out a population," it added. .We all have a common enemy, who is a virus originating from Wuhan, unseen to the naked eye, and having the potential of wiping out a population.Bombay High Court.Despite the, people's representatives are flouting government directions, the Court noted. If such representatives make physical appearances, people also gather in huge numbers to see them, the Court observed. ."Is it that the lock-down restrictions and orders passed by the Court in the interest of public health, bind only the common man and Hon’ble politicians are above the law? Is it that the Hon’ble politicians have the right to neutralise the law and our orders?" the Court questioned..Compelled by the circumstances, the Court directed the representatives of citizens not conduct physical ceremonies and functions."If the huge crowd gathering for such functions is uncontrollable despite purported appeals of the Hon’ble politicians, the picture is clear that the law and the law enforcing agencies have failed in their duties." the court remarked..Regarding reports of citizens disobeying lock-down restrictions, the Court requested the police authorities to take services of the State Reserve Police (SRP) or the Home Guards to ensure that the lock-down restrictions are implemented. .The case will be heard again today. [Read Order]