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2020 Supreme(Manipur) 5

IN THE HIGH COURT OF MANIPUR AT IMPHAL
Lanusungkum Jamir, Kh. Nobin Singh, JJ.
J. Hillson Angam - Appellants
Vs.
The State of Manipur and Ors. - Respondent
PIL No. 16 of 2020
Decided On : 16-07-2020

Advocates Appeared:
For the Appellant :M. Rakesh, Advocate
For the Respondents: N. Kumarjit, A.G.

Headnote:

Right to Information Act, 2005 - Section 8 - Constitution of India,1950 - Article 19(1)(a) - Civil Liberties - Quarantine centre - On many as stranded persons who were brought back to Manipur from Chennai by Train upto were taken to their home Districts to be quarantined at quarantine centre - Many other stranded persons were brought back to Manipur by many buses from and other neighbouring States and on top of that some persons also came home by their personal cars - After stranded persons being brought back home they were required to be kept in quarantine centres for which adequate number of quarantine centre were required to be established by state Government but State Government was not well prepared to accommodate all these returnees even though many of them were said to have come back from States to be considered red zone areas - Held, Moment Government and in particular health department came to know about COVID-19 crisis it could have constituted a committee of experts either in month of or even in early part of April after the lockdown was announced by the Government of India which could have given the report on basis of which relevant rules & regulations could have been framed well in advance - In month of itself stranded persons started expressing their desire to come back to Manipur and requesting State Government to arrange ways & means for them and to provide assistance - Although State Government was not aware of exact number it was definitely aware of rough idea about number of stranded persons and accordingly it could have made proper arrangement at quarantine centres - A Government which is a legal entity and is a perpetual institution consists of many Departments which are run and managed by permanent and regular public servants – Order Accordingly

JUDGMENT :

Kh. Nobin Singh, J.

1. Heard Shri M. Rakesh, learned Advocate appearing for the petitioner and Shri N. Kumarjit, learned Advocate General, Manipur appearing for the respondents.

2. This PIL has been filed by a practicing lawyer who has been working with the issues concerning public importance and is associated with the Human Rights Law Network.

3. The prayers in the PIL read as under:

(i) To admit this writ petition and issue Rule Nisi;

(ii) To issue a writ in the nature of Mandamus or any other appropriate writ or direction thereby, directing the respondents to call for records with regards to quarantine facilities in the State and to monitor the development on a weekly basis;

(iii) To pass an order directing the respondents to set up adequate and proper quarantine centre in all the districts of Manipur to accommodate the returnees;

(iv) To pass an order directing the respondents to follow the recommendation issued by World Health Organization and National Centre for Disease Control for implementing quarantine;

(v) To pass an order directing the respondents to provide doctor visits daily to all the quarantine centre, including the community/village quarantine centre;

(vi) To pass an order directing the respondents to ensure that the quarantine facility provides clean and a hygienic environment by sanitizing and disinfecting the premises on a daily basis;

(vii) To pass an order directing the respondents to appoint a sanitation worker in each ward to sanitize and disinfect the toilets and rooms surfaces touched frequently at least once a day;

(viii) To pass an order directing the respondents to provide clean bed sheets, towels and hot water daily to the patients in their rooms;

(ix) To pass an order directing the respondents to appoint an attendant in each ward to assist the inmates in getting essential items like food, soap, sanitizers, bed linen, etc.;

(x) To pass an order directing the respondents to appoint a counselor at the quarantine facilities to provide psychological support and remove psychological fear and panic amongst all quarantine people and healthcare professionals/staffs including doctors, nurses, sanitation workers and security personnel;

(xi) To pass an order directing the respondents to improve the quality of food served to the inmates at the quarantine facilities.

4.1. Facts and circumstances leading to the filing of the present PIL, as narrated therein, are that the Government of Manipur has been mobilizing to facilitate the return of students, migrant workers and others who were/are stranded in other states in view of the spreading of COVID-19 pandemic. In this regard, the Chief Secretary, Manipur issued a Press Note dated 09-05-2020 stating that about 46,081 citizens had registered with the official website for returning to Manipur.

4.2. On 13-05-2020 as many as 1200 stranded persons who were brought back to Manipur from Chennai by Train upto Jiribam, were taken to their home Districts to be quarantined at the quarantine centre. Many other stranded persons were brought back to Manipur by many buses from Guwahati, Shillong and other neighbouring States and on top of that, some persons also came home by their personal cars. After the stranded persons being brought back home, they were required to be kept in quarantine centres for which adequate number of quarantine centre were required to be established by the State Government but the State Government was not well prepared to accommodate all these returnees, even though many of them were said to have come back from the States to be considered red zone areas.

4.3. On 05-05-2020, the petitioner along with some student leaders of Senapati District visited the quarantine centre located at JNV, Mao to assess the condition of the said quarantine centre. During the said visit the following loopholes were found:-

-Quarantine centre at JNV, Mao is a two storied building with 24 beds in one dormitory room and there is hardly a gap of one foot between two beds which complet

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