Andhra Pradesh HC issues directions in view of the epidemic crisis on account of COVID- 19

Andhra Pradesh High Court on Thursday took up the matter related to problems due to complete lockdown for 21 days and passes a slew of directions for the welfare and well being of the people.

A bench of chief Justice J. K. Maheshwari and Justice M. Satyanarayana Murthy said, “this court is of the view that health of a citizen is within the purview of Article 21 (Right to Live) guaranteed to citizen to live in healthy atmosphere. This court deems it appropriate to take up this matter as pro bono public with intent to avoid unnecessary complications. Further, the different problems which are being complained to the Registry of this Court to take up various cases for hearing, the cognizance has been taken.”

Court issued various directions as interim measures taking into account that necessary essential facilities are not available to the Citizens in the State of Andhra Pradesh providing food, treatment to poor and other facilities.

a) All the cases in which interim orders were passed by the High Court and other Courts over which the High Court has the power of superintendence and the stay has expired two weeks prior or are due to expire within a period of one month, shall continue to operate for a period of one month;

b) In criminal matters where bail/suspension has been granted by the Court, which are likely to expire within one month, shall be extended for further one month;

c) In matters where demolition, dispossession, eviction, auction is in question if limited stay is granted, it be treated extended for one month, the instrumentalities shall not proceed for the above until one month;

d) In tenders, if they have not been finalized, they shall not be given effect to for one month and the process may be made after expiry of the lock-down period;

e) Petitions may be submitted by e-mail, viz., [email protected] until a URL is published on official site of High Court;

f) State Government is directed to provide all necessary equipment like N-95 masks, sterile medical gloves and all other necessary things to the Doctors and other Paramedical staff, thereby they may be in position to provide medical aid to the citizens;

g) The Officers of both the States shall follow National protocol, no mass gathering shall be allowed at borders and in any case, care of females with children and pregnant women must be undertaken by the authorities with humanity;

h) It is directed that convicts or under-trial offenders to which maximum sentence prescribed is not more than (7) years, may be released on interim bail on furnishing bail bonds if they are not second offenders and also not offenders under Section 376 of IPC and POCSO Act, for a period of one month;

i) Violation of conditions would entail cancellation of the interim bail/suspension;

j) Due care and caution be taken for social distancing to those children in the remand home;

k) The State shall protect the confidentiality regarding heath check up of patients and the poor patients shall not be discriminated with others;

l) Essential items may be made available to the citizens;

m) The Police, Doctors, paramedical staff and other persons engaged in these days may be provided adequate facilities, and;

n) Due care and caution be taken by port authorities where ships are coming in coastal areas in coordination with State Government.

“The above directions shall remain in force for a period of one month”, said Court.

-Gurjot Singh