HIGH COURT OF AND KASHMIR AT JAMMU

WP(C) PIL No.4/2020 (Through Video Conferencing from Wing)

Azra Usmail ...Petitioner (s)

Through :- M/s Faisal Qadiri & Mr. Salih Pirzada, Advocates

V/s

Union Territory of Jammu and Kashmir .....Respondent(s)

Through :-Mr. Shah Aamir, A.A.G.

WP(C) PIL No.5/2020

Court on its Own Motion ...Petitioner (s)

Through :- Ms. Monika Kohli, Amicus Curiae V/s V/s Union Territory of Jammu and Kashmir and others .....Respondent(s)

Through :- Mr. D.C Raina, Advocate General with Mr. Amit Gupta A. A. G.

HON’BLE THE CHIEF JUSTICE Coram: HON’BLE MR. JUSTICE RAJESH BINDAL, JUDGE

ORDER

1. This Court had taken suo moto cognizance on issues relating to the

COVID-19 Virus with regard to the Union Territories of Jammu and Kashmir as well as Ladakh which matter has been registered as WP(C) PIL No.05/2020. 2 WP(C) PIL No. 4/2020 & 5/2020

2. In this writ petition, notice was issued to the concerned authorities vide our order dated 3rd March 2020. We had appointed Ms. Monika Kohli,

Advocate as Amicus Curiae to assist in this matter.

3. WP(C) PIL No.04/2020 was filed by Ms. Azra Ismail in the

Srinagar Wing raising concern about the spread of COVID-19 in the Union

Territory of Jammu and Kashmir and on the measures being taken by the official respondents. The issues raised in this Public Interest Litigation overlapped the issues which we have flagged in our order dated 3rd of March,

2020 in WP(C) PIL No.05/2020.

In view thereof, these two matters deserve to be clubbed and stand taken up together for consideration.

4. Status report dated 11th of March, 2020 stands filed by the

Department of Health and Medical Education of the Union Territory of Jammu and Kashmir in WP(C) PIL No.5/2020. Let a copy of the status report be placed on record in WP(C) No.04/2020 as well and copy thereof be also made available to Mr. Salih Pirzada, learned counsel for the petitioner as well as Mr.

Shah Aamir, learned AAG who appear therein.

5. Additionally, an email dated 11th March 2020 has been addressed to Mr. Vishal Sharma, learned ASGI from Mr. Rigzin Samphel,

Commissioner/Secretary, Health and Medical Education Department, Union

Territory of Ladakh with copy to Mr. Shabad Khan of the Computer Section of this Wing.

Let the Commissioner/Secretary, Ladakh ensure representation by counsel and the status report in terms of our earlier order dated 3rd March, 2020 be filed forthwith.

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6. We are informed by Ms. Monika Kohli, learned Amicus Curiae that she has scrutinized the status report dated 11th March, 2020 filed by the respondents, which appears to be addressing not only the concerns noted by this Court in the order dated 3rd March 2020 but several other aspects as well.

7. Time is sought by Mr. Salih Peerzada, learned counsel for the petitioner to examine the status report, before making his submission.

8. Appearing for the respondents, Mr. D.C Raina, learned Advocate

General has handed over a copy of a notification dated 16th March 2020 issued by the Health and Medical Education Department notifying the Jammu and

Kashmir Epidemic Disease (COVID-19) Regulations, 2020. These

Regulations are taken on record.

9. We are assured by learned Advocate General that these

Regulations shall be strictly enforced.

10. We are further informed that Ms. Sushma Chouhan, the Deputy

Commissioner Jammu, has passed an order dated 15th March 2020 under

Section 34 of the National Disaster Management Act, 2005. This order is taken on record.

11. A direction is issued to the Deputy Commissioners in all the districts of the Union Territory of Jammu and Kashmir as well as Ladakh, to examine the provisions of the National Disaster Management Act, 2005 and all other laws, and if deemed appropriate, take appropriate steps as may be advised.

12. Our attention is drawn by Ms. Monika Kohli, Amicus Curiae to the importance of minimization of social interaction and ensuring social distancing. She submitted that Jammu, Kashmir and Ladakh have several places of religious importance and popular tourist destinations.

4 WP(C) PIL No. 4/2020 & 5/2020

These include amongst others:

Temples

Mata Shrine, Katra, Raghunath Temple, Jammu, Panch Mandir, Trikuta Nagar, Jammu, , Ganderbal, Kashmir, Ranbireshwar Mandir, Shalamar, Jammu, Bawe Wali Mata Temple, Bahu Fort; Jammu, Mattan Temple, Anantnag, Kashmir.

Gurdwaras

Bibi Chand Kour, Gumat Jammu, Gurudwara Fateh Singh, Gandhi Nagar, Jammu, Gurudwara Nanak Nagar, Jammu, Chhati Patsahi Gurudwara, Kashmir, Gurudwara Sheesh Ganj Sahib, Kashmir, Mattan Sahib, Mattan, Anantnag, Kashmir.

Mosques

Jamia Masjid, Talab Khatikan; Jammu, Jamia Masjid Nowhatta, Srinagar, Shahadara Sharief, Rajouri, Hazaratbal Shrine, Kashmir,

Church Garrison Church, Gandhi Nagar, Jammu; Holy Family Catholic Church, M.A Road, Srinagar. Monasteries

Thiksey, ; Hemis, Leh; Alchi, Leh; Likir, Leh.

5 WP(C) PIL No. 4/2020 & 5/2020

There is not only heavy footfall of pilgrims but huge crowds during congregations. The pilgrims to these shrines are coming not only from various places in but from all over the world.

Judicial notice can be taken of the fact that the Navratri festival is to commence from 25th of March, 2020.

13. We are also informed that keeping in view the emergent situation, circular has been issued by the Sidhi Vinayak Trust directing that in wake of the Corona virus outbreak in , the temple premises would remain closed to public for darshan. Certain restrictions are stated to have been imposed by the Trust known as Tirumala Tirupati Devasthanams (TTD) with regard to worship at the Tirupati Temple, Andhara Pradesh.

14. This Court would not have the competence either to evaluate the steps which are necessary or the expertise to impose appropriate restrictions inasmuch as not only the administration but public health authorities as well as security agencies would be required to work together to suggest the appropriate measures.

15. One of the measures that this Court has directed to prevent social interaction and distancing has been a direction to the trial Courts not to insist on personal appearance of prisoners and to use the facility of video conferencing for extension of remands and as a substitute for prisoners’ appearance and production of prisoners from jails. Similar exercise was being proposed for Juvenile Justice Boards exercising jurisdiction under the provisions of the Jammu and Kashmir Juvenile Justice (Care and Protection of

Children) Act, 2013.

16. Keeping in view the urgency of the matter, we direct the

Government of Union Territories of Jammu and Kashmir and Ladakh to

6 WP(C) PIL No. 4/2020 & 5/2020

immediately consider such appropriate measures as are essential with regard to places of religious importance tourist popularity keeping in view the public health emergency arising out of the risk of spread of COVID-19 in the Union

Territories, and notify and implement the appropriate measures at the earliest.

17. Let a report in this regard be placed before us positively within two days from today by the Commissioner/Secretary, Department of Health and Medical Education.

18. Let a copy of this order be sent by email to the Chief Secretary(s) of both the Union Territories as well as Commissioner/Secretary, Department of Health and Medical Education.

19. To our utter chagrin, we have received information that the two

Observation Homes in Union Territory of Jammu and Kashmir, one in Harwan,

Srinagar and the other in R.S Pura, do not have the facility of video conferencing available with them. We have also been informed that none of the

Juvenile Justice Boards in the Union Territories of Jammu and Kashmir and

Ladakh have such facility. This is a matter which needs to be addressed on priority.

20. A direction is issued to the Secretary, Department of Social

Welfare as well as Secretary, Information Technology in both the Union

Territories of Jammu and Kashmir as well as Ladakh to take immediate steps for enabling video conferencing facility in both the Observations Homes as well as in all the Juvenile Justice Boards to ensure such connectivity forthwith.

The report in this regard shall also be submitted by these Secretaries before the next date of hearing.

21. A direction is also issued to the Director General (Prisons) to file a report with regard to steps taken in the prisons in Jammu and Kashmir

7 WP(C) PIL No. 4/2020 & 5/2020

especially with regard to creation of isolation wards and treatment facilities in case prisoners are suspected to be or get infected. Let such report be placed before us by Director General (Prisons) before the next date of hearing.

22. Let the Chief Secretary, Union Terrotory of Ladakh be also informed about the Jammu and Kashmir Epidemic Disease (COVID-19)

Regulations, 2020 issued by Government of Union Territory of Jammu and

Kashmir and examine the necessity of similar action so far as the Union

Terrirtory of Ladakh is concerned.

23. There are such other places where people are living in institutional care as Orphanages and Old Age Homes amongst others. The official respondents are required to ensure awareness amongst inmates thereof as also that all measures are taken to protect the inmates or orphans and the senior citizens.

Let a status report in this regard be also placed before us on the next date of hearing.

24. The respondents shall inform this Court about the status of the students from the Union Territories who had to be evacuated from Iran.

25. Copy be also given under the seal and signatures of the Bench

Secretary to Mr. Amit Gupta, learned AAG as well as Mr. Vishal Sharma, learned ASGI who appears for the Union Territory of Ladakh to ensure compliance of the directions.

26. Copy of this order be also supplied to Ms. Monika Kohli, learned

Amicus Curiae.

27. List on 20th of March, 2020. To be taken up at 11:30 am.

8 WP(C) PIL No. 4/2020 & 5/2020

CM No.2145/2020 in WP(C) PIL No.5/2020

This Court has directed several measures and directions have been issued with regard to two Wings of High Court as well as district Courts.

In view thereof, this application is dismissed.

(RAJESH BINDAL) (GITA MITTAL) JUDGE CHIEF JUSTICE Jammu 17.03.2020 Surinder