Rajasthan High court
Rajasthan High court
Litigation News

No person shall be allowed to come out without covering his face with mask: Rajasthan HC issues directions to curb Coronavirus pandemic

Rintu Mariam Biju

While dealing with a suo motu writ petition, the Rajasthan High Court has issued certain directions to help contain the spread of Coronavirus.

The order passed by Chief Justice Indirajit Mahanty and Justice Sathish Kumar Sharma stated that though the Central government as well as state government(s) have taken appreciable steps to curb the spreading of virus, the pandemic has not been fully contained. Keeping this in mind, the High Court has issued the following directions:

1. The state government shall ensure that all the departments engaged in prevention of the pandemic, regularly review the situation on daily basis and issue appropriate instructions.

2. A multi-tier mechanism to be established for monitoring and ensuring strict compliance of all directions leaving no smallest lapse at any level.

3. The personnel engaged in essential duties shall be provided with sanitizers and good quality masks, as recognized by the competent medical agencies. Further, it has to be ensured that all such personnel cover theirs faces with masks while on duty and keep a distance of two metres from each other.

4. No private or public gathering shall be allowed except in extreme emergencies, with the prior permission of the concerned authorities.

5. No person shall be allowed to come out without covering his face with masks even for purchase of essential households or medicines or for any other emergent purpose.

6. The government machinery shall strictly take all effective measures and precautions to ensure compliance of lock-down and other similar steps to control the pandemic and the same shall be widely disseminated through print, electronic & social media by a designated officer.

The Court also took serious note of instances where infected persons were discharged from the hospitals after being declared infection-free. These patients were subsequently hospitalized again after it was found that they were not cured.

In order to curb the situation, the Director, Indian Council of Medical Research has been directed to thoroughly consider the issue and pass necessary instructions to all medical and health agencies not to discharge Coronavirus infected patients unless they are found completely virus-free through blood test.

"It is noticeable that various tests are being conducted to detect the Corona Virus in human body but only blood test can be most effective in detecting the infection of virus including Corona Virus. Therefore, the Director, Indian Council of Medical Research is directed to thoroughly consider the issue and pass necessary instructions to all medical and health agencies not to discharge a Corona Virus infected patient unless he is found completely virus free through blood test. Similar precautions may also be adopted for the persons who are kept in home isolation or in quarantine."

Rajasthan High Court

Advocate Sehban Naqvi had sent a letter to the Rajasthan High Court in the wake of COVID-19 pandemic. The letter called for the strict implementation of Section 144 of the Code of Criminal Procedure as well as certain other steps such as obtaining prior permission from the concerned police station before conducting/organizing any function.

Further, Naqvi suggested that all restaurants and lounges be directed to minimize their operations forthwith and that local transport like buses, autos, taxies, metros etc, be sanitized five times a day along with regular check up of their operators.

Another recommendation was that strict regulations and advisories be issued to online delivery platforms such as Zomato, Swiggy, Grofers etc.

[Read the order]

Rajasthan HC corona virus directions.pdf
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