District Magistrates bound by our order, cannot make exceptions for persons entering Goa without COVID-19 negative report: Bombay High Court

The vacation bench of the Bombay High Court at Goa on Tuesday pulled up the District Magistrates (DMs) of North and South Goa for modifying its order restraining persons from entering Goa without a COVID-19 negative report (South Goa Advocates Association v. State of Goa & Ors.)..Last week, the Court had directed the Goa government to ensure that no person is allowed entry into the State without a COVID-19 negative certificate obtained within 72 hours before entering the State..Despite such directions, the Court noted that the DMs of both districts issued orders on May 8 carving out exceptions in favour of "residents of Goa entering into the State; persons entering Goa for work; and persons who have vaccination certificate." .Today, the vacation bench of Justices MS Sonak and NW Sambre observed,"The District Magistrates were bound by our Order and could not have by themselves or otherwise modified our order or refused to comply with our orders.".Advocate General for Goa DJ Pangam did not defend the action of the DMs, and submitted that necessary amends will be made in the orders by Tuesday evening. .The DMs also issued another order on May 9 which carved out another exception for persons entering Goa for medical emergency on production of proof or those coming in an ambulance.The Court opined that such an exception was acceptable and liberty was granted to make the same in the order. .Reiterating its earlier order, the Court stated,"We once again make it clear that the two District Magistrates are at liberty if they choose to make amends to their orders. In fact, the learned Advocate General has stated that such amends shall be made this evening. Irrespective of whether such amends are made or not from the midnight intervening 11th and 12th May 2021, the State Administration shall ensure that no person who does not possess a Covid negativity certificate based on a test done a maximum 72 hours before seeking entry into Goa, will be permitted to enter into Goa. The only exception shall be for persons entering in Goa for medical emergency on production of proof or those who are coming in an ambulance.".The Court passed the order while hearing a public interest litigation (PIL) filed by South Goa Advocates' Association (SGAA) seeking various prayers related to COVID-19 management in the State..The Dean of Goa Medical College and the Director of Health Services were asked by the Court on Tuesday to file an affidavit explaining the position of supply of oxygen at the Goa Medical College Hospital and the South Goa and North Goa District Hospitals, as also at the ESI Hospital..The affidavit has to indicate whether lack of oxygen supply continues to be the cause of deaths. The affidavit must also give particulars about ventilators and High Flow Nasal Oxygen machines in the context of supply of oxygen. .The Court will hear the submissions of the lawyers on the issue of supply of oxygen tomorrow..[Read Order]