SANDHYA U. PRABHU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The first prayer in this petition is for quashing the order passed by the respondent No.4 allowing super markets to function 24x7. The respondent No.4 is the Director General and Inspector General of Police. The submission of the petitioner appearing in person is that if the super markets are kept open 24x7, large number of people will enter the super markets and will touch the articles which are displayed for sale. This will result in spread of Covid-19. Her submission is that the working hours of super markets will have to be restricted.

(2.) The second objection in the writ petition is for permitting the use of Bangalore Metropolitan Transport Corporation (BMTC) buses for facilitating transport of people for ensuring that a provision is made for rendering essential services. Her submission is that cleanliness is not maintained in BMTC buses and if permission to travel is granted to 20 passengers in a bus, it will again result in spread of Covid-19 and therefore, number of passengers should be reduced.

(3.) As far as first prayer is concerned, it cannot be disputed that in lockdown period, it is the duty of the State Government and Central Government to ensure the uninterrupted supply of grocery and other essential articles to the citizens. Depending upon the circumstances and local situation, it is for the Authorities of the State to take a decision regarding the time during which grocery shops and super markets can be kept open. The State Government can always issue directions for strictly observing social distancing and other norms. Prayer (a) concerning the decision to keep open super markets 24x7 relates to purely a policy decision. We do not find anything arbitrary in the said policy decision and therefore, no interference is called for by this Court in writ jurisdiction.