On Thursday, the Supreme Court suspended the Dec. 2 order approved by Gujarat’s high court ordering social service at Covid care centers for those who did not wear masks in public. The court also sought suggestions from the Center and state governments on ways to ensure the mandatory use of masks and the maintenance of social distancing by the general public.
The three-judge court headed by Judge Ashok Bhushan held that the state should vigorously enforce the standard operating procedure (SOP) published by the Center for the mandatory wearing of masks and maintain social distancing to contain the spread of the Covid 19 disease. .
“Those who do not wear masks in public are violating the fundamental right (right to life and health) of other citizens,” observed the court, also composed of Justices RS Reddy and MR Shah. The bench pointed out that in the State, thousands of people met and there was no mechanism to report such meetings.
Attorney General Tushar Mehta, who appeared for Gujarat, had opposed the high court order, calling it good intentions but arguing that the consequences of its implementation will be bad. Mehta informed the court that those who violate the mandatory wearing of masks will be fined 1,000 rupees by the state police.
The court agreed to suspend the Gujarat HC interim leadership on the appeal filed by the state, stating that such leadership will cause further harm to people by exposing them to the risk of contracting infection. However, he noted that the use of masks is mandatory and that the observation authorities will take all necessary measures to punish offenders, including imposing a fine.
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The HC’s order was approved in a PIL by a lawyer named Vishal Awtani, who complained about the lack of compliance with mandatory rules of wearing masks and maintaining social distancing by people across the state.
Mehta shared the court’s concern and said that the problem is being witnessed throughout the country as this phenomenon is related to a “culture of indiscipline” prevailing among people.
The bank sought suggestions from the Center and the States, as it said: “There is a standard operating procedure established by (the) Center, but how is it going to be implemented.” States will provide suggestions on how they propose to implement rules on mandatory mask use and social distancing. The Court listed the Gujarat government’s appeal for a new hearing in the second week of January.
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