ARJUN SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Under challenge in these writ petitions is the decision of the State Government to ban the use of cell phones inside hospital premises, and in particular, the hospitals where Covid-19 patients are admitted. Such decision was contained in a Government Order dated April 22, 2020. The Order was passed on the basis that cell phones could be carriers of Corona Virus. Certain additional issues were pleaded in WPA 5374 of 2020 but the same were not pressed by the petitioner to avoid the mischief of mis-joinder of causes of action.

(2.) The contention of the petitioners is that the decision to ban use of cell phones in hospitals is arbitrary and without any basis. It was contended that no State Government apart from the Government of West Bengal has issued direction for banning the use of cell phones in hospitals by the doctors, health workers and patients. It was submitted that cell phone is the only channel of communication between a hospitalized patient in the isolation wards dedicated for Covid-19 patients and his family members. Unless such a patient is a permitted user of cell phone, he will be totally cut off from his family. There would be no way for such a patient to communicate with his family members and vice-versa. This would cause tremendous anxiety and mental agony to both the patient and his family.

(3.) Learned Counsel for the petitioners submitted that although under Section 2 of the Epidemic Diseases Act, 1897, the concerned authorities can adopt measures and issue directions to prevent the spread of an epidemic, their actions must pass the test of reasonableness. It was submitted that on the date when the order banning use of cell phones in hospitals was issued, there was no material before the State Government justifying the issuance of such order. By imposing such a ban, the State Government has illegally impinged upon the right of free communication which is a Fundamental Right of every citizen of India including the patients infected with Covid-19 and their family members.