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2020 (3) TMI 905

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..... order, we are also of the opinion that due to serious threat presently to the society in the country due to pandemic disease of Corona Virus(COVID-19), it has become necessary to issue directions to the State Government to issue necessary circulars/directives to the various authorities including the District Magistrates of every district of the State and other Government Agencies and authorities not to take coercive measures or any exercise against any individual or body of individuals which may force them to approach the Courts for legal remedies and also to avoid any public gathering pursuant to any such proceedings like auction etc. It has become necessary in the interest of public at large and in the face of the fact that the disease is quite fatal one and may result in its third stage at any time in the country. If still we remain oblivious to the fatal effect of the COVID-19, it would result into a panic situation in the society as while people should be more concerned of health issues will be unnecessarily forced to face litigation in the Courts. We may take notice of the fact that the Ministry of Health, Government of India has issued advisory of social distancing measure i .....

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..... mandi, bus depots, railway stations, post-offices etc., where essential services are provided. 10. All commercial activities must keep a distance of one meter between customers. Measures to reduce peak hour crowding in markets. 11. Non-essential travel should be avoided. Buses, Trains and aeroplanes to maximize social distancing in public transport besides ensuring regular and proper disinfection of surfaces. 12. Hospitals to follow necessary protocol related with COVID-19 management as prescribed and restrict family/friends/children visiting patients in hospitals. 13. Hygiene and physical distancing has to be maintained. Shaking hands and hugging as a matter of greeting to be avoided. 14. Special protective measures for delivery men/ women working in online ordering services. 15. Keep communities informed consistently and constantly. Ministry of Health & Family Welfare 5. Besides above, Supreme Court of India has also issued notification for hearing of urgent matters only vide notification dated 14.3.2020, which is reproduced as under: SUPREME COURT OF INDIA (Admn. General Branch) F. No. 212/MISC/PF/2020/SCA(G) Date: 14.03.2020 CIRCULAR In view of t .....

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..... tigants/clerks entering Courts, would be advised not to crowd at any spot and to exit the premises as soon as their official business has ended, thereby helping themselves and others remain safe; 10. All concerned may refer to the aforesaid Regulations, more particularly on 'screening' and 'dealing with suspect and symptomatic cases', and also refer to Guidelines for 'Home Quarantine', Guidelines for 'Use of masks by public' and the 'Do's and Don'ts' issued by the Ministry of Health and Family Welfare, Govt. of India, and co-operate in ensuring compliance thereof. (Copies enclosed) This issues with the approval of the Competent Authority. Sd/- (Dr. Sushil Kr. Sharma) Assistant Registrar (AG) Encl. As above 6. The Chief Justice of Allahabad High Court has also issued an order which is reproduced as under: ORDER Seen the recommendations made by the Committees constituted for prevention and remedial measures for combating the impending threat of CoronaVirus (COVID-19). The resolutions undertaken by the Committees are approved in following terms:- 1. Till further orders, only urgent matters would be taken by the Court. The lawyers having urgent cases alone may a .....

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..... f all Cadres (Class-I, II, III & IV) working in High Court, Allahabad and Lucknow Bench will intimate the High Court immediately - * If he / she feels that symptoms of Corona Virus are present in him / her. * If symptoms of Corona Virus manifests / appears in any of his / her family member(s). * If any guest / visitor visits his / her residence from any of the Country affected by Corona Virus. * If he / she has visited any of the Country affected by Corona Virus in last 15 days. Such employees will be required to furnish information on the above mentioned point(s) immediately, failure of which would entail Disciplinary Proceedings against the concerned. 14. That steps be taken for ensuring that the Driver, Jamadar and Shadow / Gunner attached with the Hon'ble Judge are scanned on daily basis for the Corona Virus. 15. That only three gates be earmarked for entry in the High Court premises at Allahabad. 16. That the Hon'ble Judges be requested to carry their personal belongings (Spectacles, Mobile Phone etc.) themselves and not to hand over the same to their Personal Staff. 17. That the Museum of the High Court shall remain closed for the visitors until fur .....

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..... ng to fair etc. and also Nagar Panchayat and Gram Panchayat Officers had been directed to ensure sanitization. Chief Minister has also directed that private sector and government sector attendance through bio matrix are exempted and at the same time directives have also been issued that the employees should be encouraged to work from home and during this period their salary shall be ensured." 8. In view of the above we cannot remain oblivious of the impending threat of fatal consequences of COVID-19. 9. Today, there is an extraordinary situation in the country due to pandemic Corona Virus and therefore, it calls for an extraordinary measure to be taken to contain COVID-19. It is a situation where 'self quarantine' should be encouraged amongst people in the society in particular and the country in general. 10.Accordingly in our considered opinion all the concerned competent authorities both administrative and nonadministrative under the State Government be issued directions restraining them from taking any coercive measures against any person or body of persons in the society so as to force him/them to approach the Court for the redressal of grievance and accordingly w .....

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