Collective responsibility must be taken for worsening COVID-19 situation and apparent unpreparedness in facing second wave: Madras High Court

The Madras High Court on Thursday made pertinent remarks on the need to keep up one's guard amid the second wave of the COVID-19 pandemic..A Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy was dealing with a pending Public Interest Litigation (PIL) petition containing various prayers for the implementation of a stricter COVID-19 protocol. .The Bench noted that the petitioner had raised these concerns earlier in a representation addressed to the authorities in November 2020.."Unfortunately, for all concerned, what the petitioner apprehended in November 2020 appears to have become a nightmare now and there is no doubt that collective responsibility must be taken for the worsening of the situation and the apparent unpreparedness in facing the second wave," the Court proceeded to remark..In this backdrop, the Bench on Thursday cautioned the State to not let down its guard. ."At any rate, the guard must not be let down so to say and strict covid protocol must be maintained and enforced both in wearing masks and in maintaining distancing norms," the order stated.The Bench further observed that a recent advisory was issued by the State in the matter and that it is not for the court to interfere in matters which fall exclusively in the executive domain..However, the Court proceeded to urge the State to curb any form of congregation, given the alarming rise of COVID-19 cases in the country. ."Considering the alarming rise in cases in the rest of the country and the corresponding rise of cases in this state, the state may be better off in arresting congregations wherever they are possible since the rate of infection of the virus in its present form appears to be much more than what it was previously," it said. .The State counsel, including Special Government Pleader Jayaprakash Narayan, today informed the Court that the PIL was filed at a time when the COVID-19 measures were not as strict as it is today. All forms of congregations, save for marriages and funerals (both with only 50 persons in attendance), have been prohibited now, the State submitted. .The petitioner's counsel, however, referred to the funeral recently hosted for actor Vivek, which was attended by large crowds, the Court was told. The COVID-19 measures remain only on paper, the petitioner contended. The Chief Justice also acknowledged that the funeral appeared to have been attended by a large crowds. ."We have seen reports ... huge crowds... no one bothered to take any steps?", Chief Justice Banerjee orally observed. .The Chief Justice also commented that while he has personally seen most people wearing face masks, this may not be the case elsewhere. "We want you (State) to remain on the guard, on the ball. There are many people who may not be as aware as we are.. protection has to be taken for them," he said. .The case was tagged with a similar matter before it was adjourned for the day. .On a related note, the same Bench today indicated that the High Court may take up a suo motu case on issues concerning the supply and distribution of Remdesivir, oxygen, ventilators and COVID-19 vaccines. The Court asked both Advocate General Vijay Narayanan and ASG R Sankaranarayanan to be present for the hearing slated to be held at 2.15 pm today. .Shortly after the development, however, the Supreme Court has also indicated that it will be taking up a suo motu case over such matters, which will be heard tomorrow..[Read the Madras High Court order]