IMPORTANT POINTS
Funds have been allotted and measures have been taken to ensure that the institutions are functioning in a proper manner during these troubled times. We direct the respondents to maintain constant follow up, to ensure that the measures and steps ordered to be taken, by the Hon’ble Supreme Court as well as this Court, are implemented in its letter and spirit.

ORDER :

Raja Vijayaraghavan V., J.

1. The Nation as well as the State has come to a complete standstill in view of the lockdown imposed to curtail the ongoing outbreak of the novel coronavirus disease (Covid 19).

2. In order to maintain social distancing and to prevent the congregation of people, orders have been issued by this Court restricting the functioning of the trial courts. As the sentinel on the qui vive, and being alert to the cries of the citizenry, this Writ Petition was registered suo moto to monitor state action and to ensure that the rights of the people are not infringed during these troubled times. We have been posting this case regularly and have been hearing the Government Pleader through Video Conferencing and several directions have been issued.

3. The Hon'ble Supreme Court by order dated 3.2.2020, had issued guidelines for ensuring the safety of children living in Children Homes constituted under the Juvenile Justice (Care and Protection of Children) Act, 2015. We had therefore suo moto ordered for the impleadment of the Special Secretary, Social Justice Department and the Director, Women and Child Development Department. A detailed report was ordered to be submitted, showing the steps taken by the various departments in the State, towards implementation of the guidelines. In compliance with the said order, an interim action taken report has been filed before us by the Secretary to Government, Social Justice and Women and Child Development Department. We have gone through the detailed report and we are satisfied that diligent steps have been taken by the concerned departments to oversee the functioning of the Child Care Institutions as well as Child Welfare Committees. It appears that funds have been allotted and measures have been taken to ensure that the institutions are functioning in a proper manner during these troubled times. We direct the respondents to maintain constant follow up, to ensure that the measures and steps ordered to be taken, by the Hon’ble Supreme Court as well as this Court, are implemented in its letter and spirit. We expect the 5th respondent to file a report showing the progress in the implementation of the order and also the various steps taken, which shall be submitted within a period of three weeks.

4. Yet another matter which has engaged our attention through media reports and otherwise, is the issue with regard to the seizure of a large number of vehicles by the police, for violating the lockdown. Since the Magistrate Courts are functioning only in a restricted manner, it has become difficult for the owners of the vehicles to obtain release of the same in an expeditious manner.

5. As the Legislative Assembly of the State of Kerala is not in session and being made aware of the emergent need to take special measures to curb the spread of the dreaded disease, the Governor of Kerala has promulgated the Kerala Epidemic Diseases Ordinance, 2020, which imposes various restrictions, to prevent the spread or transmit of epidemic diseases from person to person, in any gathering, celebration, worship or other activities within the State. The ordinance also imposes restrictions on the operation of public and private transport.

6. It is brought to our notice that for various needs, genuine or otherwise, certain citizens of this State have violated the provisions of the Ordinance and have plied their vehicles in public roads. Those vehicles have been promptly seized by the Police and crimes have been registered against the alleged violators inter alia under Sections 188, 269 of the IPC, Section 118(e) of the Kerala Police Act, 2011 and also the various provisions of Epidemic Disease Ordinance. The seized vehicles are lying in the premises of the Police Stations, exposed to the vagaries of nature. In the ordinary course, the owners of the said vehicles would have approached the jurisdictional Magis