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2020 Supreme(Kar) 2211

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
B.V. NAGARATHNA, SURAJ GOVINDARAJ, JJ.
Jacob George S/o Late George – Petitioner
Versus
The Secretary Department of Information and Broadcasting, New Delhi – Respondent
Writ Petition No. 6737 of 2020
Decided On : 15-05-2020

Advocates:
Advocate Appeared:
For the Petitioner: Sri. Sunil Kumar H.
For the Respondents: Sri. M.B. Nargund, Sri. R. Subramanya, Sri. T.L. Kiran Kumar.

Headnote:

Constitution of India, 1950 - Article 226 and Article 12 - death due to corona virus - Claiming compensation - Seeking direction to respondents 1 to 2 to provide compensation to families of media persons, newspaper delivery agents due to corona virus infection - According to petitioner, Novel Corona Virus (Covid-19) has affected people of this world as well as our country and hence, lockdown has been imposed by Union Government and respective State Governments - World Health Organisation (WHO) has declared Covid-19 as a global pandemic and has directed nations to take adequate steps to mitigate same - Union of India has, from time to time, issued Notifications regarding lockdown and its extensions and has prescribed guidelines, instructions and orders for the safety of the people - Whether, print, electronic or others - Held, Court observe that directions issued in this writ petition is having regard to the functions that are being performed by journalists and media personnel during pandemic and generally role that they play in democracy such as ours - We further observe that the directions issued is particularly having regard to the Novel Corona Virus (Covid-19) pandemic and any untoward death that may occur during period of this pandemic of any journalist or media person only - In this regard, we also observe that while considering said representations first and second respondents are at liberty to consult respondent or any other similar entity and may secure necessary insight from said respondents as they form part of Fourth Estate - Writ petition disposed.

ORDER :

1. This writ petition is stated to be filed in public interest. The petitioner has stated that he is a public spirited citizen and in public interest, he has filed this writ petition seeking the following reliefs:-

“WHEREFORE, its most respectfully prayed that this Hon’ble court may kindly be pleased to:

(a) Issue a writ in the nature of mandamus directing the respondents 1 to 2 to provide compensation of Rs. 50,00,000/- to the families of media persons, newspaper delivery agents due to corona virus infection.

(b) Issue a writ in the nature of mandamus to respondents 3 to 35 to provide a compensation of Rs. 50,00,000/- to the families of media persons, newspaper delivery agents in case of any death due to corona virus.

(c) Issue a writ in the nature of mandamus directing the respondents to compulsorily conduct health check ups to all the media persons to identify any of the suspected case of corona virus and encourage work from home instead of working from offices of media houses.

(d) Issue a writ in the nature of mandamus directing the respondents to provide safety kits, masks, gloves and personal protection equipment to the media persons who visit hospitals, quarantine centers and containment zones.

(e) Issue any other writ or directions as this Hon’ble court deems fit in the facts and circumstance of case in the interest of justice and equity.”

2. Despite there being office objections, we have nevertheless entertained the writ petition by keeping open the office objections.

3. According to the petitioner, Novel Corona Virus (Covid-19) has affected the people of this world as well as our country and hence, lockdown has been imposed by the Union Government and the respective State Governments. The World Health Organisation (WHO) has declared Covid-19 as a global pandemic and has directed the nations to take adequate steps to mitigate the same. The Union of India has, from time to time, issued Notifications regarding lockdown and its extensions and has prescribed guidelines, instructions and orders for the safety of the people. The pandemic has adversely affected the livelihood of lakhs of migrant workers and poorer sections of the society both economically and otherwise. During the pandemic, doctors, nurses, health care personnel, ASHA workers, Police and paramilitary personnel are functioning as essential services for the prevention of spread and control of the pandemic. Their services are considered to be essential and they are called “Corona Warriors.” According to the petitioner, the media personnel and journalists, both print and electronic media, are working day and night so as to create awareness amongst the general public about the harmful effects of the Corona Virus and also for prevention of its spread and disseminating news, views as well as information in that regard. The role of media, both print and electronic, in this regard is important and vital and it should also be considered as an essential service as the media is providing vital information to the people about the policies and directions of the Government and creating awareness amongst them with regard to the programmes and schemes initiated by the Union and State Governments for the benefit of the people. Thus, the personnel working in the media are the primary source of information to the people and they depend upon the print media, television, news channels and radio for getting information about the Covid-19 virus pandemic. Moreover, various news reporters are interviewing doctors, government officials, patients who have recovered from the disease and family members of the patients infected by Covid-19 virus on a day-to-day basis at great risk of their health and the health of their families. That the media personnel have no social security benefit in the event of an unfortunate death while in the line of duty as their families are not paid any compensation, either from the managements under whom they work or from the State or Central Governments.

4. Ac

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