SUO MOTU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) We have heard learned counsels Shri Vishwas Shah, Masoom Shah and Shri B.V.Shah appearing for the petitioners in Writ Petition (PIL) No.46 of 2020; learned counsel Shri K.R.Koshti for petitioners in Writ Petition (PIL) No.45 of 2020; learned counsels Shri Vishal J. Dave and Shri Hiral U. Mehta, for applicants appearing in Civil Application 1 of 2020; learned counsel Shri Ramnandan Singh appearing for Indian Railways; learned counsels Shri Siddharth Dave and Shri Parth H. Bhatt appearing for Central Government; learned counsel Shri Bhadrish S. Raju, appearing for Airports Authority of India; Shri Kamal Trivedi, learned Advocate General assisted by Ms. Manisha L. Shah, learned Government Pleader and Shri Mitesh Amin, learned Public Prosecutor with learned Assistant Government Pleaders Ms. Krina Calla, Shri J.K.Shah, Ms. Nisha Thakore, Ms. Vrunda Shah and Ms.Aishvarya Gupta, appearing for State authorities, Shri Mihir Thakore, learned Senior Advocate assisted by Shri Salil Thakore, Shri Yatin N. Oza, Senior Advocate assisted by learned counsel Shri Marfatiya and learned counsel Shri Brijesh Trivedi appearing as amicus curiae. Shri Nipun Singhvi, the applicant in Civil Application No.1 of 2020 is present in the Court.

(2.) Pursuant to our order dated 13th March,2020, the State has filed an affidavit in reply duly sworn by the Joint Secretary, Health and Family Welfare Department, Sachivalaya, Gandhinagar (sworn on 19th March,2020). A further affidavit on behalf of the respondent-State by the same deponent has also been filed, which has been sworn on 20th March, 2020.

(3.) In sum and substance, in the above two affidavits, the State has responded by placing on record various measures taken by it in compliance to not only the directions issued by this Court vide order dated 13th March, 2020 but also in compliance to various Advisories issued by the Central Government as also the State of Gujarat. We are not reproducing all the contents of the affidavits, but having perused the same, we record that adequate measures have been substantially taken by the State to deal with the pandemic of Corona Virus (COVID-19). However, it would be unfair to the State if we do not mention few of the salient features pointed out in the two affidavits, which are detailed below:- (A) In exercise of powers conferred under sections 2,3 and 4 of the Epidemic Diseases Act, 1897, vide Notification dated 13th March, 2020 (referred to as "Regulations, 2020" for short), the State Government has framed Regulations, titled as "Gujarat Epidemic Diseases, COVID-19 Regulations, 2020" (Annexure:R-1). N-COVID-19 has been declared as epidemic disease and accordingly, provisions have been made for dealing with the said epidemic. In brief, the Regulations of 2020 provide: