The Punjab and Haryana High Court on Sunday held that an order passed last Friday by the Chandigarh administration to allow shops selling essential items to remain open during the lockdown in place to curb the spread of the Novel Coronavirus (COVID-19) is valid and issued in public interest.
It was Contended in the reply that the Chandigarh Administration is taking all necessary steps to fight the pandemic of ‘COVID 19’. The Administration had issued order under Section 144 Cr.P.C on 19.03.2020. A provision was made for home quarantine of specified persons to prevent further spread of the disease. The Chandigarh Administration tried hard to ensure continuation of supplies of essential items. The buses of Chandigarh Transport Undertaking were used to provide food and vegetables. However, various problems were faced and it was realised that it was not possible to maintain the supply chain for long in this manner, without involving the traditional network of shops. A huge crowd thronged the buses/trucks loaded with fruits, vegetables and the grocery items. The very purpose of social distancing was being challenged. Accordingly, as per the guidelines issued by the Government of India on 24.03.2020, the Deputy Commissioner, Chandigarh; and the Commissioner, Municipal Corporation, Chandigarh, were directed to issue necessary orders. The order dated 27.03.2020 did not end the curfew. The limited exemption has been given only to one person from each household to walk to the nearest shops selling essential items.
The Court held:
The order dated 27.03.2020 is valid. It has been issued in larger public interest. The scope of judicial interference in a policy matter is very limited. The Chandigarh Administration has weighed all the pros and cons before taking the decision. We will not substitute our wisdom for the wisdom of the Administration during this crisis. Maintaining social distance is a sine qua non to control the disease.
Read Order here:
