LAWS(RAJ)-2020-3-74

SHAHRUKH Vs. STATE OF RAJASTHAN

Decided On March 31, 2020
SHAHRUKH Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Preeminence is always given by the Courts to Bail applications, applications for suspension of sentence in Appeals and Revisions but as to whether the same fall within the category of "extremely urgent matters " and should be taken up at a time when the entire Country, except essential services, is under lockdown is the moot question.

(2.) Bail Applications, Appeals under SC/ST Act, Revisions and Appeals with applications for suspension of sentence are listed in the category of urgent matters. When the entire Country except essential services is under closure, whether the above would fall within the category of extremely urgent matters is the moot question.

(3.) It is known fact that WHO has declared COVID-19 as a pandemic. National Disaster Management Authority Government of India in excercise of the powers under section 6 (2)(i) of the Disaster Management Act, 2005 (hereinafter referred to as 'the Act') has issued order dated 24.3.2020 directing Ministries/Departments of Government of India, State Governments and State Authorities to take measures for ensuring social distancing so as to prevent the spread of COVID-19 in the Country. National Executive Committee has issued guidelines on the measures to be taken by the Ministries/Departments of Government of India, State/Union Territory. Government and State/Union Territory Authorities for containment of COVID-19 epidemic in the Country.