Gujarat High Court to hear Suo Moto PIL on Covid19 pandemic situation on Monday

Gandhinagar: The Chief justice of Gujarat High Court has constituted a special bench to hear suo moto petition on Monday at 11.00 am on Covid19 pandemic situation in the State.

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 53 of 2021

The Division Bench presided by the Chief Justice
on 06.04.2021 had a dialogue with the Senior most State
Law Officers, learned Advocate General and the learned
Government Pleader expressing concern regarding the
upsurge of COVID-19 cases in the State and requesting the
State to take appropriate measures in order to check &
control the rise in COVID-19 cases and its management.
The said dialogue was widely reported in the media i.e.
electronic, digital and print. It has been five days since. The
newspapers, news channels are flooded with the harrowing tales, unfortunate and unimaginable difficulties,
unmanageable conditions of the infrastructure, the shortfall
and the deficit of not only testing, availability of beds, ICU,
but also supply of Oxygen and the basic medicines like
Ramdesivir, etc.

Had it been stray news here and there, I could have
ignored it but the volume of report in the leading
newspapers having nation wide circulation cannot be
ignored. It is the time that the Court must intervene. A list
of the articles along with xerox copies published in the past
three days is a part of this order as ANNEXURE-A. Indian
Express and Times of India reports have been attached
considering my language barrier.
The aforementioned articles are just a few depicting
the picture and a bare perusal of the same would indicate
that the State is heading towards a health emergency of
sorts.

Accordingly, I direct the Registry to register this as a suo moto fresh Public Interest Litigation titled “In Re :
Uncontrolled Upsurge and Serious Management Issues in
COVID Control” by impleading (1) The State of Gujarat
through its Chief Secretary, Gandhinagar, (2) Principal
Secretary, Department of Medical, Health and Family
Welfare, Government of Gujarat, Gandhinagar, (3) Union of
India through the Secretary, Department of Home,
Government of India, New Delhi, and (4) Secretary,
Department of Health, Government of India, New Delhi. For
the present, copy of this order along with xerox copies of the
news reports be served today in the office of the learned
Advocate General, learned Government Pleader and learned
Additional Solicitor General by email and they may also be
informed telephonically.

Let a Bench comprising of Chief Justice and
Justice Bhargav D. Karia be constituted at C.J. Residence,
tomorrow i.e. on 12.04.2021 at 11.00 a.m. Link may be
generated and forwarded to the learned Advocate General, learned Government Pleader and Shri Devang Vyas, learned
Additional Solicitor General of India. The proceedings of the
Chief Justice Court are livestreamed. We would request the
learned Advocate General and learned Government Pleader
to inform the top bureaucrats of the State to watch the
proceedings subject to their convenience, specially those
impleaded in this petition. (VIKRAM NATH, CJ)