PANJIM: The High Court of Bombay at Goa has asked the State Executive Committee (SEC) and the government to coordinate to decide a balance on the need of providing essential goods to the people without exposing them to the deadly COVID-19.
Justice Mahesh Sonak also asked the State to put in place a system for home deliveries of goods at the earliest. At the same time, the court has opined that authorities must not allow themselves to be over-influenced by the clamour of the rival groups, however, well intentioned they may be or be guided by any consideration of public pressure.
The observation comes a day after Chief Minister Pramod Sawant announced partial lifting of the lockdown by allowing grocery shops to function round the clock. A visibly upset CM had said he was doing so due to “public demand” while cautioning people not to crowd and to maintain social distancing. The SEC allowed grocery shops to operate 24X7.
In view of the relaxation on the lockdown, the bench has also asked the government to ensure no overcrowding. “The State government and its agencies will have to ensure that there is appropriate supervisory mechanism in place, so that there is no overcrowding at the grocery shops and the established norms and protocols for social distancing are duly maintained and if necessary, enforced. The State government also will have to ensure that the grocery shops do not permit several people to shop at one and the same time,” the bench said, while disposing of a petition letter by Advocate Rohit Bras De Sa on the shortage of essential goods in the State.
The court further asked the State to launch a helpline to complain about breach of social distancing norms while also appoint both district collectors, or any high ranking officers, to coordinate the efforts in maintaining the norms.
Advocate General Devidas Pangam assured the court that all measures will be taken to ensure that the lockdown is not unduly diluted or watered down.
The AG also assured that necessary steps will be taken to encourage home deliveries which would prevent people personally reaching out to the groceries. His assurance came after Justice Sonak sought for putting in place a system for home deliveries citing directives of National Disaster Management Authority and Government of India proposing encouraging home deliveries.
“It is not as if people are interested in defying the curfew and queuing in front of the grocery shops and pharmacies. Therefore, if a robust system for home deliveries of essentials is in place, the implementation of the lockout and the policy of social distancing will be achieved. Therefore, the SEC, the State government and its agencies are directed to take all necessary measures to promote home deliveries of essentials immediately,” the 22-page order states.
The order also included advice for the people that they will have to realise that inconveniences which they will face during the lockdown are “imminently in their own interests.” “This is really not the time to indulge into unnecessary blame games or onuepmanship. The focus of all concerned must be to combat the spread of this deadly virus and there is really no scope to deflect this focus,” it added.
Claiming that social distancing can never be undermined, the court added, “This Court, from the very nature of its functions and limitations, cannot and is not sufficiently equipped to delve too much in the functions of the Executive Government. This Court cannot and will not substitute its own opinion for that of the Executive, but this Court can, and perhaps will be failing in its duty if it does not at least observe that whatever decision that the Executive takes, must be a balanced decision, must be a decision which embraces only relevant considerations and eschews irrelevant ones. The decision must be after due application of mind to the several pros and cons and an attempt has to be made to strike a balance, however, difficult or however unpopular such balance may be.”
—
HIGH COURT OBSERVATION
The complete closure of grocery shops without any proper system to effect home deliveries or to account for people who have no means to even avail home deliveries might possibly make it extremely difficult for people to access essentials, which, as the term implies, are essential to life and essential to endure the unprecedented, but necessary lockdown. However, at the same time, any blanket relaxations might have the tendency to frustrate the very purpose of having a lockdown of such proportions. There is dire necessity to balance the need of providing essentials to the people without overexposing the people to this deadly march of the virus. Therefore, decisions, which assess such ground realities and attempt to balance both these relevant considerations, will have to be taken by the SEC and the State government in coordination with each other.
