PANJIM: The State’s attempt to tweak a crucial direction of the High Court of Bombay at Goa brutally backfired on the Pramod Sawant-led government. The division bench comprising Justice M S Sonak and Justice Nitin Sambre questioned the government’s wisdom in imposing RT-PCR COVID-19 negative test only certificate for “tourists”.
“Unfortunately the virus does not differentiate between Goan and a non-Goan,” the bench said, during an online hearing on the Public Interest Litigations filed by citizens and COVID-19 volunteers, on Tuesday.
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Chief Minister Dr Pramod Sawant had last week announced that persons entering Goa as “tourists” will have to either produce COVID-19 negative certificate or vaccination certificate. The decision came after the High Court, on May 6, directed the State to ensure passengers entering Goa carry a COVID-19 negative certificate with effect from May 10. The negative RT-PCR certificate should not be older than 72 hours, the bench had said.
Despite this, the District Magistrates orders prohibited inter-State movement for tourists from May 10, while further explaining, that people who are residents of Goa or are entering Goa for work, or who have with them the full vaccination certificate or COVID-19 negative test report for a test done of maximum 72 hours prior to entering in Goa will be permitted.
The court slammed the District Magistrates for not complying with the court order. Advocate General Devidas Pangam did not defend the action of the District Magistrates’ order but assured the bench that by evening (Tuesday evening) “necessary amends will be made in the orders so that the orders are entirely consistent with interim directions.”
The Bench accepted the statement, however, made an exemption for persons entering Goa for medical emergency on production of proof or those crossing the borders in an ambulance.
“Irrespective of whether such amends are made or not from the midnight intervening May 11-12, 2021; the State Administration shall ensure that no person who does not possess a COVID-19 negativity certificate based on a test done a maximum 72 hours before seeking entry into Goa, will be permitted to enter into Goa. The only exception shall be for persons entering in Goa for medical emergency on production of proof or those who are coming in an ambulance,” the 6-page order stated.
The court also opined that affidavits explaining the actual position at the hospitals will be necessary. During the online hearing, the court sought to know from the AG the current situation of the ventilators and status of High Flow Nasal Oxygen and Non-Invasive Ventilators. Justice Sonak and Justice Sambre asked the government to involve a ‘technical person’ for this information to which Pangam assured that the Dean of the Goa Medical College and Hospital and Director of Health Services will file such affidavits by May 12. “They will explain the position of the oxygen supply at GMC, South Goa and North Goa District Hospitals as also at the ESI Hospital,” the court said as it suggested obtaining inputs from nodal officers at these facilities to file an affidavit.
The affidavit will have to indicate whether lack of oxygen supply continues to be the cause for any casualties; to give particulars about ventilators, HFNO machines, etc, in context with oxygen supply. The court will specifically hear the matter on oxygen supply on May 12, 2021.
The Bench has further directed the representatives of Goa Association of Residents Doctors to file an affidavit before the court on the same issue at various facilities where their members are called upon to discharge their duties.
