IN THE HIGH COURT OF KARNATAKA
Abhay Shreeniwas Oka, B.V. Nagarathna, JJ.
Mohammed Arif Jameel - Appellant
Versus
Union Of India - Respondent
W.P. Nos. 6435 and 6671 of 2020
Decided On : 30-03-2020
Public Interest Litigations - COVID-19 Pandemic - Karnataka Prisons Act, 1963, Section 55, Section 56 - Food Safety and Standards Act, 2006, Section 12, Section 30 - Disaster Management Act, 2005 - Arnesh Kumar v. State of Bihar and Another (2014) 8 SCC 273 - Swaraj Abhiyan v. Union of India and Others (2016) 7 SCC 498 - Guidelines for Dealing with COVID-19 Pandemic and Relief Measures
Fact of the Case:
The court addressed various issues related to the COVID-19 pandemic, including police conduct, decongestion of jails, release of prisoners, supply of food to vulnerable groups, hoarding of essential supplies, and protection of workers.
Finding of the Court:
The court directed the State Government to respond to the issues raised, including the implementation of guidelines for decongestion of prisons, supply of food to vulnerable groups, prevention of hoarding, and protection of workers.
Issues: The court considered issues related to police conduct, decongestion of jails, release of prisoners, supply of food to vulnerable groups, hoarding of essential supplies, protection of workers, and public health facilities.
Ratio Decidendi: The court emphasized the need for the State Government to implement guidelines and directions issued by the Apex Court and the Central Government to address the challenges posed by the COVID-19 pandemic.
Final Decision: The court directed the State Government to respond to the various issues raised and listed the petitions for further hearing on 3rd April 2020.
JUDGMENT
Abhay Shreeniwas Oka, CJ. - We must note here that the Registrar (Judicial) has received large number of letters and requests for e-filing of public interest litigations concerning the issue of the steps to be taken by various Authorities for dealing with the pandemic of Novel Corona Virus. Some petitions have been received by e-mail. We make it clear that we cannot allow multiplication of litigations and therefore, all issues which are raised in the petitions/letters forwarded to the Registrar (Judicial) are being considered in the writ petitions which are listed on the cause list today. While we say so, we appeal to the members of the Bar and to the citizens not to file more public interest litigations concerning the said issues. They can contact the members of the Bar who are already appearing in these matters which are listed today so that other issues can be effectively raised by them at the time of next hearing.
2. The first issue which we are addressing today is as regards the allegations made against the police that they are indulging in indiscriminate lathi charge against the persons who are found on the streets. Reliance is placed on the video clippings shown on various television channels and circulated in media. The learned Advocate General as well as the learned Additional Government Advocate who are present here to assist us invited our attention to a direction/guidelines issued by the Commissioner of Police of the City of Bengaluru calling upon the police to show restraint. It will be appropriate if the Director General and Inspector General of Police of the State issues similar guidelines/instructions to the police personnel all over the State. If such guidelines are issued which will apply across the State, we are sure that there may not be an occasion to make allegations regarding police excesses and police indulging in lathi charge. Circulars/guidelines issued by the Director General and Inspector General of Police be placed before the Court on the next date. We may also add here that it is the responsibility of the citizens to cooperate with the administration and the police for effective implementation of the order of the Ministry of Home Affairs of the Central Government dated 24th March 2020 and the orders issued by the Government of Karnataka from time to time.
3. In one of the petitions forwarded through e-mail, a grievance has been made regarding registration of FIR Nos. 44/2020 and 45/2020 of Sanjaynagar Police Station in Bengaluru. The learned Advocate General stated that he will respond to the said issue on the next date.
4. We have also heard the learned counsel appearing for various Authorities on the issue of decongestion of jails in the light of the directions issued by the Apex Court in Suo Motu Writ Petition (Civil) No. 1/2020 on 23rd March 2020. As per the said directions, for the State of Karnataka, a Committee headed by the Executive Chairman of the Karnataka State Legal Services Authority has been constituted and the minutes of the meetings held on 26th March 2020 and 27th March 2020 by the said Committee are placed on record in which, various directions have been issued for implementation of the directions issued by the Apex Court. Committees have been constituted at the District Level to identify the under-trial prisoners who are charged with offences for which the prescribed punishment is up to seven years or less. The exercise of identification of prisoners who have been convicted for a period of seven years or less for release on parole has also been undertaken.
5. We have invited the attention of the learned Advocate General to the fact that after the release of the prisoners on parole or bail, as the case may be, it is necessary for the State to ensure that the prisoners reach their respective places of residence. The exercise of releasing prisoners on parole or bail will have to be undertaken after obtaining due consent of the concerned prisoner. The State will have to ens
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