Bombay HC question minister’s physical attendance at functions despite lockdown restrictions – Times of India

MUMBAI: The Aurangabad bench of Bombay high court on May 12 questioned why a minister held “several functions’’ with his physical attendance during the ongoing Covid-19 pandemic and lockdown restrictions in place.
“We are called upon today to face a peculiar and weird situation, regarding people’s representative, politicians and Ministers flouting lock-down restrictions and conducting public functions physically and that too by making a farce of appeals to the public not to attend such a physical function,” said the HC bench of of Justices R V Ghuge and B U Debadwar while hearing a suo motu PIL on Covid measures .
The HC directed that “these respected representatives of the citizens should not conduct physical ceremonies and functions’’. These include “inauguration of any constituency development program, bhoomi pujan, felicitations.’’
The HC bench said, “We are also pained to note that’’ “Minister Sandipan Bhumre(Cabinet Minister for EGS and Horticulture), Government of Maharashtra, has physically held ceremonies in his constituency.”
The HC asked, is the politician “not duty bound to obey’’ the CM’s instructions. The CM has in the interest of the public at large, appealed to the common man as well as the people’s representatives to refrain from holding ceremonies and functions, physically, the HC noted.
“Do we not realize that the citizens of our country gather in large numbers when people’s representatives make a physical presence for an inauguration ceremony or a bhumipujan ceremony?’’ asked the Judges.
If crowds gather despite politicians request not to, then is the law enforcement machinery not failing in its duty, questioned the bench.
“We are surprised that the voters of a Minister in his own Paithan constituency do not listen to him and are not willing to follow the lock-down restrictions,’’ the bench observed in its order.
The HC which added, “We find that the world is unable to control Covid, only by increasing beds, oxygen, ventilators, ICU wards and medicines. Such are necessary steps and methods to cure patients. The long lasting, inexpensive and quick solution is physical distancing, wearing of masks and maintaining high level of hygiene. In such testing and unprecedented times, it is the behaviour of the people which would decide the growth of the pandemic’’ also noted that when the CM was “working untiringly and has appealed to the entire State to maintain physical distancing, would his appeal not bind the Ministers.”
“ Would heavens fall if such programs are postponed in the light of clause 10 of the ‘break the chain) order?” asked the HC. The clause bars even political functions from being held during the restrictions.
“Even agitations and morchas are prohibited,’’ said the HC.
The bench said, “We have repeatedly said in our earlier orders that we all have a common enemy, who is a virus originating from Wuhan, unseen to the naked eye, and having the potential of wiping out a population. Is it that the lock-down restrictions and orders passed by the Court in the interest of public health, bind only the common man and Hon’ble politicians are above the law?” It asked, “Is it that politicians have the right to neutralise the law and our orders”.
The HC also requested police to take services of the state reserve police (SRP) or the Home Guards to ensure lockdown restrictions are implemented in localities which could turn into super spreaders of the virus after a news report said Shahganj and City Chowk in Aurangabad saw people refusing to obey lockdown restrictions.
The HC which last week had sought proper enforcement of mask and helmet rules on Wednesday directed every RTO in every district of the state to issue a circular to all two wheeler authorized dealers to refuse sale of motorcycles and other two wheelers until the purchaser has a newly purchased helmet at the time of the vehicle purchase. The HC said it was “constrained to pass this order since we find that very little being done by law enforcing agency.’’