The Bombay High Court had asked the Bombay Municipal Corporation to file an affidavit in reply to the petition filed to stop burial of COVID-19 victims in Bandra Cemeteries.
The writ petition was taken up via video conferencing, in view of COVID-19 pandemic situation. The matter was heard by Justice Riyaz Iqbal Chagla, Bombay High Court.
The learned Counsel appearing for the Petitioners relied upon an order passed by the Supreme Court on 04th May, 2020 in the SLP filed challenging the ad-interim order passed by the Bombay High Court on 27th April 2020 which had denied ad-interim relief in the Petition.
The learned Counsel for the Petitioner stated that since the interim relief is the same as the final relief, the Petition itself can be disposed and it is not necessary as made out by the Respondents to file a Motion in the Petition.
The learned Senior Counsel appearing for the Respondent BMC said that the order of the Supreme Court is very clear that a Motion itself is contemplated which when filed is to be disposed of at the earliest. He had sought time to file the Reply of BMC.
The Bombay High Court on 27th April, 2020 had held, “The Government of India through the Ministry of Health and Family Welfare has also issued guidelines for dead body management during the current COVID-19 pandemic. These guidelines clearly state that there is unlikely to be an increased risk of COVID infection from a dead body to health workers or family members who follow standard precautions while handling the dead body. These guidelines further contemplate the burial of the deceased persons and how the 3/5 4A-LD-VC-IA-1-2020.doc 4A-LD-VC-IA-1-2020.doc same is to be handled is also set out in the said guidelines. This being the case, I do not think that there can be any ad-interim relief granted in the present petition directing any authority from restraining any person from burying their deceased.”
The said order of the Bombay High Court was challenged before the Supreme Court which had directed the Bombay High Court on May 4, to decide the plea, preferably within two weeks, opposing the burial of people dying of COVID-19 in a cemetery in Mumbai’s Bandra west locality on the ground that it might spread infection in adjoining areas.
“The Respondent No.2-Corporation shall file its Affidavit in Reply to the Petition within a period of one week from today. The Writ Petition is adjourned to 19th May 2020. Since I have heard the matter via Video Conferencing, following the procedure previously notified, the matter is assigned a temporary number. A formal number will follow once normal working of the Court resumes”, said Justice Riyaz Iqbal Chagla Bombay High Court.
-India Legal Bureau