JUDGMENT

Ravindra V. Ghuge, J. - On 04.08.2020, we heard the learned senior advocate/ Amicus Curiae, learned Assistant Solicitor General, learned Public Prosecutor and the respective learned advocates for the appearing parties. We had before us the judgment delivered by the learned Division Bench of this Court at the Principal Seat (Coram : Dipankar Datta, CJ & A.A.Sayed, J.) dated 12.06.2020 in PIL-CJ-LD-VC-21/2020 (Jan Swasthya Abhiyan and another vs. State of Maharashtra and others) and other connected PIL matters.

2. After extensive oral submissions on 04.08.2020, the learned counsel appearing for the respective parties sought an opportunity to go through the above referred judgment delivered at the Principal Seat and desired to tender brief written notes on 07.08.2020. We, accordingly, adjourned the matter and scheduled the hearing at 10:00 AM on 07.08.2020, by the consent of the parties.

3. On 07.08.2020, we considered the extensive oral submissions of the respective learned counsel and perused the written notes of submissions tendered by the learned Amicus Curiae and the learned Public Prosecutor.

4. As we embark to pen down this judgment, it would be appropriate to refer to paragraphs 1 to 11 of the PIL judgment (supra) delivered at the Principal Seat as under :-

"1. The entire human race has been facing the worst crisis of this century, brought about by a tiny creature. It is a virus, which reportedly originated from unknown causes in Wuhan city in Hubei province of China. Called Corona Virus 2019 better known in present times as COVID-19 it has brought about a tearful end to thousands of people all over the world. Even the most developed of nations have not been spared by COVID-19.

2. The drastic consequences emerging from the assault of COVID-19 led the World Health Organisation (hereafter the WHO ) to declare the spread of infection caused by COVID-19 as a pandemic on March 11, 2020.

3. COVID-19 also started wreaking havoc in India. To contain the spread of infection caused by COVID-19, the Government of India initiated several preventive steps by invoking an enactment of ancient vintage, i.e., the EPIDEMIC DISEASES ACT , 1897 (hereafter the ED Act ) and an enactment of fairly recent origin, i.e. the Disaster Management Act, 2005 (hereafter the DM Act ). Taking a cue from other countries where COVID-19 had already struck fatal blows, the most significant of such steps, which was also unprecedented as COVID-19, had been the announcement of a national lockdown for 21 days from March 24, 2020 restricting the movement of the entire population of India. Such lockdown has been extended from time to time in phases of 19, 14 and 14 days and is presently in force till the end of June 30, 2020 for containment zones, which the District Collectors/Municipal Commissioners have been authorised to identify. Series of regulations in the COVID-19 affected regions have been and are being enforced. The curbs that were imposed did initially result in containment of the pandemic but several other factors contributed to a surge, so much so that as on date India stands fourth in the list of ten most affected nations.

4. The Indian Council of Medical Research (hereafter the ICMR ), the apex body in India for the formulation, coordination and promotion of biomedical research, quite naturally stepped into the field. It has issued several advisories/guidelines, as part of its strategy, for regulation of activities to contain the spread of the pandemic and other related matters. Such advisories/guidelines have been of valuable assistance to tread the right path.

5. COVID-19, without doubt, poses a national challenge. It does not discriminate between a man and a woman, the old and the young, the rich and the poor, the privileged and the under-privileged. As the current statistics would reveal, senior citizens and persons with comorbidities form the most vulnerable class.

6. Despite the executive, at the Centre and the States, and the police ha