NE LEGAL BUREAU
NEW DELHI, DEC 3
The Supreme Court on Thursday stayed the Gujarat High Court direction to send people caught without wearing masks to do community service at the COVID-19 patient care facilities.
A bench of Justices Ashok Bhushan, R Subhash Reddy and M R Shah took note of the submissions of the Gujarat government that the order was harsh, having serious repercussions on the health of the violators.
The top court also expressed displeasure over the fact that the COVID-19 guidelines are not being followed scrupulously in the state.
The top court directed that the state additional chief secretary (home) ensure that guidelines issued by the Centre as well as the Gujarat authorities on wearing masks as also social distancing are vigorously followed.
It also asked the police officials and other administrative authorities in the state to ensure that guidelines are scrupulously followed and action be taken against those found violating them.
The apex court was hearing the state government’s appeal against the high court order of Wednesday.
The top court issued a notice to one Vishal Awtani on whose PIL the high court had issued a slew of directions and fixed the appeal of the state government for hearing in the second week of January.
During the brief hearing, the law officer said that in Gujarat there is fine of Rs 1,000 for those who violate guidelines and don”t wear masks.
The solicitor general said the guidelines of the Centre and the state authorities have to be followed compulsorily, but the directions of the high court was “harsh”.
The high court, in its order, had relied on the principle of community service and had passed several directions.
”Any person found to be not wearing or using a face mask/covering in a public place and/or violating the COVID protocol of social distancing, shall be mandated to do community service at any COVID Care centre run by the local authorities,” the high court said.
Such mandate of community service to be implemented for all violators without any discrimination favourable or otherwise, it has directed.
“The duty should be non-medical in nature and can include activities such as, cleaning, housekeeping, help in cooking and serving the food, preparation of record, data feeding, etc. The nature of the duties given shall be appropriately decided by the authorities, considering the age, qualifications, gender and health status of the violator,” it said.
Such community service should be for least 4-6 hours a day, for a period ranging from 5-15 days as the authorities deem it fit and necessary, the high court said,
“Such instances should be widely publicized in the media, including social, electronic, digital and print media, so as to have a desirable deterrent effect,” it said.
