Kush Kalra vs Union of India and Ors.

Court

Supreme Court of India

Date

9 December 2020

Case No.

Writ Petition (Civil) No.1213 of 2020

Result

Disposed

Bench

Ashok Bhushan, M.R. Shah, R. Subhash Reddy

Citation

[2020] 12 S.C.R. 1133 : 2020 INSC 692

Headnote

Disaster Management Act, 2005 – Posters affixed outside residences of COVID-19 positive persons under home isolation – Writ petition filed praying inter alia for quashing the said decision of affixing posters – Held: Guidelines issued by Ministry of Health and Family Welfare does not contain any requirement of pasting of posters against the houses of COVID-19 patients – State Governments and Union Territories can resort to such exercise only when any direction is issued by the competent authority under the 2005 Act – Constitution of India – Art.32.

Disposing of the writ petition, the Court

HELD: 1. The guidelines dated 02.07.2020 issued by the Government of India, Ministry of Health and Family Welfare brought on record as Annexure ‘A’ to the affidavit dated 30.11.2020 of the Union of India does not contain any guidelines regarding pasting of posters outside the residences of COVID19 positive persons rather Government of India, Ministry of Health and Family Welfare has issued D.O. letter dated 19.11.2020 which has been brought on record by the Union of India. Although, various submissions have been made by the petitioner in support of the writ petition but in view of the guidelines issued by the Ministry of Health and Family Welfare which are referable to exercise of power by the authority under Disaster Management Act, 2005 which does not contain any requirement of pasting of posters against the houses of COVID-19 patients, the detailed submissions need no consideration in the present writ petition. The Union of India has already issued D.O. letter dated 19.11.2020 to guide the States and Union Territories, it is only observed that no State or Union Territory is required to paste posters outside the residence of COVID-19 positive persons, as of now. The State Governments and Union Territories can resort the above exercise only when any direction is issued by the competent authority under the Disaster Management Act, 2005. [Paras 11, 13][1137-E-F; 1138-E-H]

The Judgment of the Court was delivered by ASHOK BHUSHAN, J. 1. This writ petition has been filed under Article 32 as Public Interest Litigation. The petitioner prays for following relief in the writ petition: “A. Issue a writ of certiorari quashing the decision taken by Respondent Nos. 4 to 38 of affixing posters outside residences of Covid-19 positive persons who are under home isolation; B. Issue a writ of mandamus directing Respondent Nos.4 to 38 to issue appropriate Orders to ensure that its authorities put an end to the practice of affixing posters outside residences of Covid-19 posi

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