[Coronavirus Lockdown] Order allowing shops selling essentials to remain open during Lockdown valid: Punjab and Haryana High Court

The Punjab and Haryana High Court on Sunday held that an order passed last Friday by the Chandigarh administration to allow shops to remain open during the lockdown in place to curb the spread of the Novel Coronavirus (COVID-19) was valid and issued in public interest. .A Bench of Justices Rajiv Sharma and Rakesh Kumar Jain held that, ."The order dated 27.03.2020 is valid. It has been issued in larger public interest. The scope of judicial interference in a policy matter is very limited. The Chandigarh Administration has weighed all the pros and cons before taking the decision. We will not substitute our wisdom for the wisdom of the Administration during this crisis. Maintaining social distance is a sine qua non to control the disease."Punjab and Haryana High Court.The order was passed in a writ petition filed challenging a March 27 order, by which it was decided to keep shops open so that essential items may be accessed by households during the lockdown. .The Court was told that the March 27 order had not ended the curfew already in place. Rather, a limited exception was made so that one person from each household could walk to the nearest shops selling essential items. .The measure was taken after it was realised that it was not possible to maintain a supply chain through government nodal officers and/or the deployment of buses carrying essential items for long. The Court was informed that the move only resulted in huge crowds thronging the buses/trucks carrying essential items, thereby defeating the purpose of social distancing. .This prompted the Administration to pass the March 27 order, after due consultation. The home delivery system already put in place by the Administration was encouraged, it was added. .While detailing the various measures put in place to prevent the further spread of COVID-19 and to allow the provision of essential services during this time, the Court was also told that the Government was open to suggestions for improving the supply and distribution of essential items..Inter alia, it was also submitted that e-vending was being encouraged and that a fleet of buses of the Chandigarh Transport Undertaking had been deployed to distribute the essential items at the door step..In this backdrop, the Court further noted that, "the order dated 27.03.2020 has been issued as per the guidelines issued by the Union of India and after holding consultations with the Director, PGIMER, Chandigarh; the Director, Health Services, Chandigarh and DGP. The whole exercise has been undertaken to maintain regular supply of essential items to the public at large.".Therefore, it concluded that the impugned order was valid and issued in larger public interest. The Court disposed of the petition, while observing, ."... the Administration may lay down the parameters of social distancing at the time of distribution of essential items and also to monitor and regulate the same by taking stringent actions against the violators."Punjab and Haryana High Court.The petitioner was represented by Senior Advocate Bikramjit Singh Patwalia. The Additional Solicitor General SP Jain represented the Union of India, whereas Senior Standing Counsel for the Union Territory of Chandigarh Pankaj Jain appeared for the other State respondents. .[Read the Final Order here]