The Hon’ble Gauhati High recently vide its Order dated 03.09.2020 in Public Interest Litigation No. 53/2020 has expressed its concern over the non-implementation of the guidelines framed by the Government of Assam for the prevention of the COVID-19 situation in Assam. The Hon’ble Division Bench of the Gauhati High Court headed by the Hon’ble Chief Justice observed as follows:-
“We are pained at recording that it is common knowledge that the residents of the State in market places and otherwise can be commonly seen without wearing any masks, or wearing masks below nose level which would result in spread of Coronavirus (COVID-19). We further find that people get together in groups in market places and in work environments without caring for their own health or the health of the others. Surely, no resident/citizen has the right to put his own life in jeopardy or put the life of the others at risk. For the said purpose various legislations have been made and in exercise of power various orders have been issued. The orders, however, apparently are being flouted because the punitive action provided thereunder is not being taken against the violators of the Government orders and notifications.”
The Hon’ble High Court further directed the concerned District Heads of Police, Deputy Superintendents of Police and Officers-in-Charge of the Police Stations to be proactive on the streets and check whether the directions issued vide order dated 08.05.2020 issued by Government of Assam, Health and Family Welfare Department, Dispur, Guwahati and this Court are complied with or not. In case the directions are violated, a fine be imposed as provided in the order dated 08.05.2020. The fine imposed on the violators and thus collected be brought to the notice of the Court through the Office of the learned Senior Standing Counsel, Health & Family Welfare Department, Government of Assam.
The Court called upon learned Legal Remembrancer, Assam to show the reasons for being an impediment in implementing measures for safeguarding the health and lives of the public, without any appropriate cause, in the perception of the learned Senior Standing Counsel, appearing for the Health & Family Department, Government of Assam. The matter is now posted on 17.09.2020 for further orders.
