[Coronavirus Lockdown] J&K HC orders closure of public parks to prevent people loitering, issues additional directions

Taking note of reports that people continue to loiter around despite the national lockdown in place to curb the spread of the Novel Coronavirus, the Jammu and Kashmir High Court recently directed that access to public parks and such spaces be cut off during the lockdown. .This was one of the directions passed by a Bench of Chief Justice Gita Mittal and Justice Sindhu Sharma in a pending PIL taken up to monitor measures being taken to combat COVID-19. The matter was heard on Monday by way of video conferencing, with both judges sitting at the respective residences at Jammu..The Court observed that, "It appears that misunderstanding the requirement of the lockdown, large number of people are resorting to their usual strolls, loitering and morning walks in local parks etc.".The Bench has, therefore, asked the law enforcing authorities and all municipal corporations and development authorities to prevent access to public parks, etc which are normally used for such purposes by the citizens. Further, it was emphasised that, ."The law enforcing agencies shall strictly ensure the lockdown and prevent any kind of activity which could adversely impact social distancing in any manner."Jammu & Kashmir High Court.In the course of hearing, the Court also reiterated that the authorities out to take "strict action against the persons who are violating any instruction/any order issued by the Central Government and the UT Government as well as any provision of law especially where their conduct would result in the spread of the COVID-19 infection and endanger lives.".On Monday, the Court was also appraised of measures being taken in conjunction with BSNL to ensure internet access in Juvenile Justice Boards and Courts..The Chief General Manager, BSNL informed the Court the financial estimate for provision of lease line connections to 24 locations of Juvenile Justice Boards and Observation Homes had been submitted to the Mission Director, ICPS as well as Special Secretary to Social Welfare Department, J&K..The Registrar (IT) told the Court that as far as the availability of net facilities to the court sites within Jammu and Kashmir and any additional courts in Ladakh was concerned, the verification, could not be effected as of yet..However, the Court was assured by BSNL that as soon as the functioning in the courts would commence, all issues regarding availability of the connectivity to all courts as in UT of Jammu and Kashmir as well as Ladakh would be completed at the earliest..On measures taken by the State so far during the crisis period, the Court was also apprised that water was being supplied by more than 200 tankers regularly in Jammu and institutions like orphanages, shelter homes, old-age homes, etc. .Further it was informed that religious institutions have been shut down, that infected persons are being treated, quarantine measures are being carried out and that the health and safety of prisoners is being ensured..During the course of hearing, the Court was also prompted to issue to following additional directions as far as interim relief measures during the Coronavirus lockdown was concerned:.Provide for stranded pilgrims: The Chief Executive Officer of the Shri Mata Vaishno Devi Shrine Board and the Deputy Commissioner, Reasi was directed to ensure that the 400 or so pilgrims stranded there are not asked to leave the present lodgings. The authorities are to provide for such pilgrims till such time the lockdown persists..Ensure safety of health workers: While directing the State authorities of both Jammu & Kashmir and Ladakh to ensure that complete safety and security is provided to the personnel who are serving at all government medical facilities, the Court said,.“There can be no manner of doubt that the safety and security of all health providers which would include not only doctors but also the nurses, the paramedics, mess boys, safai karamcharies as well as administrative staff at all government facilities has to be strictly ensured. Such care and protection has to be provided to all health care givers in all hospitals in the Union Territories of J&K and Ladakh as well.”Jammu & Kashmir High Court.Responding to grievances by doctors that isolated patients were misbehaving, the Court added that, "If necessary, the present security should also be beefed up to ensure that no person is able to leave the medical facility till the period of quarantine/isolation is completed.".Take care of migrant labourers: The Court also issued directions to ensure that the Government take care of basic facilities, accommodation, health, care and other needs of migrant labourers, keeping in view the movement restrictions imposed on them .Regarding the plight of people stranded in New York, USA: The Court also took cognisance of the plight of an Indian student of the New York University, USA, who was stranded along with other Indian citizens in USA. A grievance was made to the Court via email that the Indian consulate in New York was also not providing them assistance. .The Court, in response, issued a direction to the Union Ministry of External to look into the matter and to ensure that their essential needs were provided for. Further the Court ha also asked the External Affairs Ministry to look into the aspect of evacuating stranded Indians in the US on priority. .Directive against physical excesses by the police: A complaint of excessive violence by the police was also received by the Court, with an video of such an incident claimed be from Jammu. .While stating that it was difficult to verify the authenticity of the video, the Court added that no excesses or physical violence by the police was permissible or could be countenanced. The concerned police authorities have now been directed to examine the matter and take appropriate action. A report on the same is also to be submitted to the Court at the next date of hearing. .Regarding release of prisoners to decongest jails: The Court has asked for an interim report of the functioning of the High Powered Committee constituted to look into the release of prisoners facing up to a 7 year sentence, for the decongestion of jails during the pandemic. The report is to be submitted to the Court before the next date of hearing. The Court added that the Committee should strictly abide by the order of the Supreme Court that prompted its constitution. .Before parting with the matter, the Court has also recorded its appreciation for the State functionaries in respect of measures already taken. ."We hereby record our appreciation of the handling of this unprecedented and difficult situation of ensuring the lockdown as also the manner in which the whole issue of containment of the spread of COVID-19 infection and its treatment is being addressed by the administrations."Jammu & Kashmir High Court.The matter is to be heard next on April 3..Amicus Curiae Monika Kohli and BSNL Chief General Manager, Ashok Kumar Srivastava joined the hearing through videoconference from their offices. Assistant Solicitor General Vishal Sharma, Advocate Ravinder Gupta (for BSNL) and Additional Advocate General Amit Gupta attended from the BSNL office. .Advocate Faisal Qadri, appearing for a petitioner, attended the hearing through voice calls from Srinagar. Advocate Shah Faisal attended the hearing through video conference at the High Court, whereas Advocate Salih Pirzada (for a petitioner) joined the video conference from his residence. Additional Advocate General Shah Amir attended the hearing through voice call from Srinagar..Read the order here: