This judgment disposes of writ petitions challenging a revised SOP that removed mandatory institutional quarantine for Lakshadweep travelers. The High Court held the relaxations were within administrative authority, justified by developmental needs and vaccination preparations, provided strict monitoring continues.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942
WP(C).No.29184 OF 2020(W)
PETITIONER:
SHAFEEQUE RAHMAN K.K. AGED 34 YEARS S/O. P.I MUTHUKOYA, KUNNAM KULAM HOUSE, KALPENI ISLAND, UNION TERRITORY OF LAKSHADWEEP, PIN 682 557.
BY ADVS. SRI.SHYAM PADMAN SRI.C.M.ANDREWS SMT.BOBY M.SEKHAR SRI.HARISH ABRAHAM KUM.LAYA MARY JOSEPH
RESPONDENTS:
1 COLLECTOR AND CHAIRMAN DISTRICT DISASTER MANAGEMENT AUTHORITY, UNION TERRITORY OF LAKSHADWEEP, KAVARATTI, PIN 682 555.
R1-2 BY SHRI.MANU.S, SCGC, ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP R3 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.01.2021, ALONG WITH WP(C).589/2021(W), THE COURT ON 18.01.2021 DELIVERED THE FOLLOWING:
WP(C).NoS.29184 OF 2020(W) &
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942
WP(C).No.589 OF 2021(W)
PETITIONER:
LUKMANUL HAKEEM M.K., AGED 44 YEARS S/O. SYED MUHAMMED, MELAKUNNADAM HOSE, KAVARATTI ISLAND, LAKSHADWEEP, PIN-682 555.
BY ADVS. SRI.R.ROHITH SMT.HARISHMA P.THAMPI
RESPONDENTS:
1 COLLECTOR AND CHAIRMAN DISTRICT DISASTER MANAGEMENT AUTHORITY UNION TERRITORY OF LAKSHADWEEP KAVARATTI, PIN 682 555.
2 THE ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP, KAVARATTI 682 555.
R1-2, R4 BY SHRI.MANU.S, SCGC, ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP R3 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.01.2021, ALONG WITH WP(C).29184/2020(W), THE COURT ON 18.01.2021 DELIVERED THE FOLLOWING:
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P.V.ASHA, J. -------------------------- W.P(C).Nos.29184 of 2020-W and 589 of 2021-W
Dated this the 18th day of January, 2021
JUDGMENT
Petitioners in both these cases are residents/natives of Kalpeni/Kavaratti Island of the Union Territory of Lakshadweep. They are aggrieved by Ext.P9 revised Standard Operating Procedure (SOP) issued by the 1st respondent on 22.12.2020 whereby the requirement of quarantine has been withdrawn for persons travelling to Union Territory of Lakshadweep reducing the restrictions to sole requirement of negative test report in RTPCR obtained 48 hours before the travel. The parties and documents referred to in the common judgment are as described in W.P.(C) No. 29184 of 2020 unless specified otherwise.
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The Collector and District Magistrate issued Ext.P2 order on 22.03.2020 suspending passenger ships sailing to and from the Islands and thereafter Ext.P3 prohibitory order under Section 144 Cr.P.C on 23.03.2020. Consequent to direction issued by the National Disaster Management Authority to impose lock down measures, the 1st respondent- the Collector and Chairman of District Disaster Management Authority- issued Ext P4 order on 25.3.2020, in exercise of his powers under Section 30 and 34 of the Disaster Management Act, appointing Executive Magistrates in all islands as Incident Commanders for implementation of lockdown measures in their respective jurisdiction. All the departments were to work under their directions and they were to issue passes for enabling essential movements. The Director, Port and Shipping issued Ext.P5 order on 20.04.2020 restricting interisland movement of passengers. On 7.5.2020, Ext.P6 order was issued laying down the SOP to be observed while bringing all stranded persons of the Island at Kerala and Mangalore to Lakshadweep imposing strict quarantine protocols. 14 days' mandatory institutional quarantine at Kochi was imposed by the administration arranging the facilities for the same at its expense. After the institutional quarantine, only those persons, who were found negative after undergoing covid test, were allowed to move to Lakshadweep and those persons were to undergo home quarantine for another 14 days after reaching the Island. Thereafter, the 1st respondent issued Ext.P7 SOP on 04.11.2020 reducing the period of institutional quarantine at Kochi from 14 days to 10 days; allowing those
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persons to undergo Covid 19 test after 7 days' of quarantine and allowing those who were found negative to move to Lakshadweep on completion of 10 days' institutional quarantine. Petitioners state that since no cases of Covid were reported due to the restrictions imposed, mask, sanitizers etc. are not used in the islands and classes are going on in schools; all religious institutions, gatherings etc. are held as usual. It is whileso the revised SOP has been issued as per Ext.P9 order on 22.12.2020, limiting the requirement only to the negative RTPCR test report obtained 48 hours before travelling to island. According to the petitioners, if mandatory institutional as well as home quarantine are not insisted, it would bring about disastrous results in the island. According to them, the said SOP has been issued without any scientific study or research and without any request for any relaxation from any corner. It is stated that the village Panchayat as well as the District Panchayat had submitted representations before the Administration as well as the Government of India forwarding their unanimous resolution requesting to continue the mandatory quarantine for those coming to islands. It is stated that there is a potential threat of persons contracting and spreading the disease, in the absence of sufficient medical facilities in the Island. It is stated that there is no specialised medical professionals like Pulmonologist, Cardiologist etc. in the Island; the SOP has been modified without taking note of the risk involved with limited facilities for health care, transportation, etc. in the isolated locality and the vulnerability in terms of its demography. It is stated that even for evacuation using
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a helecopter, it requires 3 hours, that too, in a closed atmosphere. It is also stated that density of population in Lakshadweep is the highest and if there is a spread it would be uncontrollable. It is stated that the modification is suicidal especially in the wake of new mutant virus and when restrictions are again being made in various countries. According to the petitioners, the fundamental rights of the islanders are violated on account of such modifications issued on extraneous considerations. It is pointed out that the relaxation measures effected in the mainland would not be compatible to the island.
the revised SOP is a matter of policy taken with due regard to all relevant considerations and it is within the authority of the Administration. It is stated that the Administration has been taking strict measures to keep the islanders safe from the very beginning of outbreak of Covid 19 suspending the movement from mainland to Islands as well as from Islands to mainland as per orders issued on 22.3.2020 and issuing detailed orders under the provisions of Disaster Management Act, 2005, on 25.3.2020. The movement was limited to supply of essential commodities and medical emergencies. Though the Government of India
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started a process of graded reopening and progressive resumption of activities and issued instructions on 29.6.2020 banning restrictions on interstate and intrastate movement and thereafter issued orders relaxing the restrictions in a phased manner in all the States, the Lakshadweep Administration continued to insist institutional quarantine at Kochi and home quarantine in the Island. It is stated that the mandatory institutional quarantine for 14 days and home quarantine for 7 days fixed in SOP 12 was modified on 4.11.2020 reducing the institutional quarantine to 10 days even when no other State or Union Territory was following such stringent measures. It is stated that the Administration was providing free institutional quarantine free of cost and it was conducting the tests free of cost, which was insisted before travelling to the Island. It is stated that 5018 persons have availed the free quarantine facility during the 6 months' time from June, 2020 to December, 2020, apart from undergoing RTPCR test.
(ii). It is stated that relaxation of quarantine requirements became necessary for resuming economic and developmental activities in the Islands; the restrictions which were in force for the period from March, 2020 to 27.12.2020, i.e ¾ of an year, have seriously affected the Administration as well as the people; major developmental activities including major constructions had to be switched off due to scarcity of labourers in mainland; all tourism operations, which is a major source of income for the administration remained suspended, which affected large number of people. It is stated that even though the tourism promotion
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society under the Administration (SPORTS), was not functioning, about 800 persons who are employed in it are being paid even without any tourism operations; there is usual restriction for the period from 15.5.2021 to 15.09.2021 for travel due to Monsoon when there would not be any tourism operations or economic and developmental activities; it became essential to ease the movement of people from mainland to the islands to ensure resumption of economic and developmental activities; therefore after analysing all the relevant factors a balanced approach to revise the existing SOP and to avoid quarantine requirements was adopted by the Administration.
(iii) It is stated that the Government of India, in order to resist Covid pandemic, announced vaccination programme and vaccination will be commencing in Lakshadweep also just like in all States and Union Territories and enough quantity of vaccine would be provided by the Central Government free of cost; in the first phase the Administration is likely to get 3000 dose of vaccine and has made all preparations for the vaccination drive; a coordination mechanism at the UT level with the Advisor to the Administrator as its Chairman and the Medical Superintendents/Medical Officers of the respective Islands as Member Secretaries of the Island level Task Forces with respective Deputy Collectors/Sub Divisional Officers as Chairmen have been already coordinated; 953 Health Care workers have been included in the prioritized category to receive the vaccine; 35 vaccinators have been trained; there are 231 additional potential vaccinators; there
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will be 1 cold chain point in each inhabited island; the State level training for vaccination was completed on 19.12.2020; in addition to the National Help Line a UT Call center has been opened; sufficient number of Ice Lined Refrigerators, deep freezers, vaccine carriers, cold boxes, ice packs, stabilizers, stem thermometers etc. have been made available in every island; first dry run was conducted in all islands from 02.01.2021 to 5th ; the 2nd dry run was conducted at Indira Gandhi Hospital, Kavaratti on 8.1.2021; 300 vials (3000 doses) Covid – 19 vaccine will be received from Serum Institute shortly at Cochin International Airport which will be transported to Kavaratti immediately and will be distributed to various islands using Helicopters; adequate quantity of syringes is received at Kavaratti. It is therefore stated that the apprehension regarding spread of pandemic in the islands is irrelevant.
(iv) It is further stated that the movements of ship between main land and islands have become regular as usual and thousands of people travelled to various islands from mainland after the impugned SOP came into force on 28.12.2020. The movement of passengers and goods to the Islands has been restored strictly adhering to the guidelines in the revised SOP for preventing spread of the virus infection.
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of the local situation with due care and caution while implementing the graded reopening and progressive resumption of activities. It is stated that the guidelines for interstate movement of people and goods made for the mainland cannot have any relevance to the Lakshadweep Islands. The petitioner alleges that the reason behind Ext.P9 is the offshoot of ego clash of the newly appointed Administrator on 4.12.2020, because his attempt to accommodate guests was objected to pointing out that observance of quarantine protocol and guidelines by all including the MP for ensuring Lakshadweep to be Green Zone and free of Covid. According to the petitioners, the infrastructure and medical facilities mentioned in the statement are not correct and once the Monsoon sets in, no movement of people would be possible from the Island and the respondents would not be able to do anything. Producing Ext.P14 information received on 1.1.2021 under Right to Information Act petitioner stated that there was no recommendation from the Director of Health Services, who is the competent authority to reduce the institutional and home quarantine. It was also pointed out that the number of oxygen cylinders are only 290 and no critical care units or intensive care units are available. It is pointed out that the number of ventillators available are only 25, 23, 6, 6, and 7 respectively in Kavaratti, Agatti, Andrott, Amini and Minicoy Islands. The number of ICU beds available are 4 in Kavaratti, 4 in Agatti and 2 each in Andrott, Amini and Minicoy. No critical care units are available. In the draft report drawn on the basis of the meeting held on 10.12.2020 of the technical
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committee which discussed about the quarantine relaxation for travellers from Kochi to Lakshadweep produced it was pointed out that the recommendation was to revise the institutional quarantine period followed at Kochi to 5 days based on the current scientific evidence on transmission of Covid 19 infections and other practical concerns. It was also decided that the RTPCR test shall be done at the end of the 5th day of institutional quarantine before allowing travel to Lakshadweep. It was also decided to relax the 7 days' home quarantine to the effect that they should avoid social and other gatherings, unnecessary travels, etc. and follow the Covid appropriate behaviours at all times for a period of 7 days from the date of arrival. It is reiterated that Ext.P9 SOP is issued contrary to the recommendations and advice of the Director (Health Services). It is stated that a modified SOP Ext.P15 was issued even on 15.12.2020 in the case of fish collection activities insisting mandatory quarantine and there was no occasion for a variation within the short period for issuing the revised SOP exposing the Islanders to the risk of contacting the pandemic. It is stated that there was no request from any workers to relax any restriction as normal life in Island was not affected. According to the petitioner i t is stated the SOP is revised based on an absurd and unilateral decision without the support of any scientific or empirical data or research, without considering the absence of any specialised medical professionals such as Pulmonologists, Cardiologists etc, in the island, limitations on travel on account of the oppression of geography, safety concerns in evacuating using a
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helicopter which necessitates travel for around 3 hours in closed atmosphere, the high density of population in Lakshadweep , etc and that the indifference, carelessness or negligence on the part of administration would prove catastrophic.
Pointing out Ext.P16 request made by the leader of opposition for convening an urgent meeting and Ext.P17 letter of the Chief Executive Officer of Lakshadweep District Panchayat and Ext.P18 unanimous resolution taken in the meeting it is stated that the request made by the Panchayat is not even considered. It is further stated that in Andaman and Nicobar Islands, several persons died due to relaxation of strict guidelines and protocol. It is stated that the islanders themselves are insisting for home quarantine even in the absence of any directions from anybody else in order to see that the Administration continued to be a green zone from covid.
“3. The Government of India has already announced vaccination programme to resist Covid pandemic. From 16th of January the vaccination will commence in all states and Union Territories. In Lakshadweep also vaccination will be commencing and enough quantity of vaccine will be provided by the Central Government. In the first phase the Lakshadweep Administration has already made all preparations for the vaccination drive. The vaccine will be provided by the Government of India free of cost. A coordination mechanism at the UT level with the Advisor to the Administrator as its Chairman and Island level Task Forces with respective Deputy Collectors/Sub Divisional Officers as Chairmen have been already constituted. The Medical Superintendents or Medical Officers of the respective Islands are the Member Secretaries of the Task Forces. 953 Health Care Workers have been included in the prioritized categoy to receive the vaccine. 35 vaccinators have been trained. Additional potential vaccinators have been identified and
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there are 231 such vaccinators. There will be 1 cold chain point in each inhabited island. The state level training for vaccination was completed on 19.12.2020. The vaccinators training was done on 30th and 31st December, 2020. Training for additional potential vaccinators has also been completed. In addition to the National Help Line a UT Call Center has also been opened for the vaccination programme. Sufficient number of Ice Lined Refrigerators, Deep Freezers, Vaccine Carriers, Cold Boxes, Ice Packs, Stabilizers, Stem Thermometers etc. have been made available in every island. The first dry run was conducted in all islands from 2nd of January, 2021 to 5th . The 2nd dry run was conducted at Indira Gandhi Hospital, Kavaratti on 8.1.2021. 300 vials (3000 doses) Covid-19 vaccine will be received from Serum Institute shortly at Cochin International Airport which will be transported to Kavaratti immediately. Adequate quantity of syringes is already received at Kavaratti. The vials of vaccine will be distributed to various islands using Helicopters. Therefore, the apprehension regarding spread of pandemic in the islands is no longer relevant."
the petitioners in W.P(C).Nos.29184/2020 and 985/2021 respectively and Sri S.Manu, learned Senior Central Government Standing Counsel for Lakshadweep Administration and Sri. Jaisankar V. Nair, the learned CGC.
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consequent to the amendment of the Constitution of India introducing Art.243G by 73rd Amendment and therefore it is for the respective Panchayats to decide the matter relating to quarantine and a decision without even a discussion with them and the inaction over the resolution of the Panchayats would lead to disastrous results which the islanders will have to suffer.
" The Minutes of the Joint meeting of Lakshadweep District Disaster Management Authority & Heads of Departments held on 23.12.2020 at Secretariat Conference Hall, Kavaratti.
A joint meeting of Lakshadweep District Disaster Management Authority & Heads of Departments was held on 23.12.2020 at Secretariat Conference Hall, Kavaratti under the chairmanship of Shri S. AskerAli, IAS, District Collector & Chairman, DDMA. The meeting discussed the following agenda points:
1. Implementation of Swachh Lakshadweep Utsav-2020 from 25th December, 2020 to 3rd January, 2021.
2. COVID management in the wake of revised SOP issued on 22.12.2020.
The list of DDMA members and other stakeholders who attended the meeting is enclosed as Annexure-I
At the outset, the chairman welcomed all the participants to the meeting and
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briefly explained the importance of such a meeting involving members of DDMA and all HODs of the administration. He also explained the salient features of the Swachh Lakshadweep Utsav-2020 which is scheduled from 25th December, 2020 to 3rd January, 2021 & COVID management in the wake of revised SOP issued by DDMA on 22.12.2020.
The chairman appealed to all the participants to proactively participate in the cleanliness drive and take all necessary precautionary measures for implementation of revised SOP issued on 22.12.2020 for the movement of men and materials from mainland to islands which will come into force on 28.12.2020.
The Director (Health Services) has made a detailed presentation on the preparedness, availability of infrastructure, manpower, testing facilities, etc which are in place in the Union Territory. He also expressed certain challenges that requires immediate attention so as to implement the revised SOP in letter and spirit. After detailed deliberations, the following decisions have been taken.
(i) The Lakshadweep Police has to remain vigilant to ensure peaceful law and order situation in the wake of notification of the revised SOP. Along with the Police, IRBn also has to intensify surveillance and monitoring activities by deploying more personnels at prominent places.
Action: SP, Lakshadweep Police & Commandant, IRBN
(ii) Dr/ Atul Pandey, DANICS & Dr.Shashipal Dabas, DANICS may be appointed as Coordinators to assist Director (Health Services) for the overall COVID management in the islands.
Action P: DDMA
(iii) AO, Kochi has to constitute 2 Screening Committees one at Kochi and another at Calicut with representatives from Medical, Police, Port etc to strictly enforce the conditions of the SOP and monitor the movement of persons from mainland to islands. They must ensure the facility for thermal screening or Infra-Red screening at both the entry points.
Action: Administrative Office, Kochi
(iv) To facilitate the movement of men and material from Kochi to various islands of the Union territory as per the revised SOP, the Department of Port, Shipping and Aviation, UTLA shall finalize and release the ship schedule from 28th December 2020 onwards in a staggered manner. The tickets may be released at least 4 (four)
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days before the commencement of scheduled departure from Kochi and the booking may be regulated through online as well as Over the counter method to avoid the crowd and ensure social distancing in the whole process.
Action: Director (Port, Shipping & Aviation) / Ml), LDCL.
(v) The thermal/ IR screening of all the passengers is made mandatory and the department of Health Services has to deploy dedicated teams in Kochi and in all islands for strict compliance of the same. DHS has to identify & put in place required infrastructure and other facilities for isolation, testing, oxygen availability, designated manpower, ventilators, etc
Action: Director (Health Serv ices)
(vi) The Department of Port, Shipping & Aviation has to provide details of passengers travelling from mainland to islands to the Chairman, DDMA, Police. Director (Health Sen ices) and DCs/ SDOs of the concerned island for monitoring and surveillance.
Action: Director (Port, Shipping & Aviation) / Director (Health) / SP / DCs & SDOs.
(vii) The Director (Health Service) has to put in place a mechanism for contact tracing of primary & secondary contacts of all COV1D-19 positive cases. The authorised person shall be imparted with sufficient orientation and training to carry out the tracing work without any scope for confusion.
Action: Director (Health Services)
(viii). Observance of COVID appropriate behaviour by each and every one is made compulsory. Strict enforcement of wearing of face masks, hand hygiene and social distancing must be ensured. Any person found without wearing a mask in public/workplaces shall be levied a fine of Rs.100/- at the first instance and Rs.200/at second instance of violation. The Police in close coordination with the surveillance teams of Health Department have to strictly enforce the same.
Action: SP, Lakshadweep Police / Director (Health Services)
(ix). To regulate and to monitor the social distancing norms during social gathering, all the persons/ parties organising social gathering have to report or intimate the same to the concerned DCs/ SDOs & SHOs at least two days before the event.
Action : SP, Lakshadweep Police / DC s & SDOs in islands
(x). Fish Collection Boats and Mechanised Sailing Vessels can operate observing the SOP dated 22.12.2020 with effect from 28.12.2020. However, the MSVs can commence operation only from Beypore Port for time being. The Director (Fisheries). UTLA has to monitor the movement offish collection boats.
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Action : Director (P,S & A) / Director (Fisheries) / DCs & SDOs in islands
(xi) The department of Health Serv ices in consultation with Port dept. & DDMA hav e to prepare an SOP in case there is requirement for medical evacuation of COVID positive cases. Also DHS shall submit an SOP to DDMA to be followed for management of COVID positive cases in the islands.
Action: Director (PS&A) / Director (Health Services)
(xii) Persons above 65 years of age. persons with co-morbidities, pregnant women and other vulnerable groups have to be advised to stay at home, except for essential and health purposes
Action: Director (1P&K) / Director (Health Services)/ DCs & SDOs in islands
(xiii) Aarogya Setu enables early identification of potential risk of infection, and thus acts as a shield for individuals and the community. The individuals may be advised to install the Aarogya Setu application on compatible mobile phones and regularly update their health status on the app.
Action: Director (IP&R) / Director (Health Services)/ Director (services)
(xiv) COVID testing at Kochi in the facility which is provided by the UTLA is free for natives of Lakshadweep. They can approach UTLA facility at Kochi for RT-PCR testing.
Action: Director (Health Services)/AO, Kochi
xxxxxxx
“2. xxxx
(i) Department has placed one specialist each in Medicine, Surgery, Orthopaedics, ENT, Radiology, Paediatrics, Ophthalmology, Pathology and two
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specialist in Public Health at District Hospital, Kavaratti. Besides department has placed two Anesthetists at Kavaratti to take care of the Covid-19 Hospital, at Kavaratti.
(ii) At Rajiv Gandhi Specialty Hospital, Agatti, department has placed one specialist each in Medicine, Surgery, Orthopedics, ENT, Radiology, Pediatrics, Ophthalmology, Pathology and dermatology. Besides department has placed two Anesthetists at RGSH to take care of Covid Cases.
(iii) Govt. Hospital, Minicoy and Community Health Centre, Amini and Androth are provided with 5 specialists, one each in Medicine, Surgery, Pediatrics, Anesthesiology and Gynecologist.
(iv) All the Primary Health Centres were provided with five doctors each to cater to the needs of population ranges of 3000-5000.
(v) For Bitra with 270 population, one doctor and sufficient paramedical staff has been provided.
3. Other preparations made by the Health Department are as follows: i) All health institutions except Bitra have been provided Truenat testing machine to test suspected Covid cases.
ii) First Line Treatment Centers in all islands with 10 bed each capacity have been established and at RGSH the capacity of FLTC is 18 and at Kadmath it is of 21 beds and at Bitra a 5 bed FLTC has been established.
iii) One Covid-19 Hospital with 30 beds has been established at Kavaratti.
iv) 128 doctors are available wit the Department for meeting the requirements of the 6500 population.
v) 130 Staff Nurses are available for providing service in addition to other paramedical staff at the disposal of the Health Department.
vi) 43 specialists are available with the Department. vii) Sufficient logistics have been kept ready for use. viii) 67 ventilators are available with the Department.
ix) Arrangement will be made for evacuation in consultation with DDMA and Port Department, whenever situation demands.”
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its powers under the Disaster Management Authority. Vesting of the heath care facilities in the Village and District Panchayats as contented by the learned Counsel for the petitioner, would not in any way affect the powers of District Disaster Management Authority, which itself continued to issue the SOP reducing the relaxation as can be seen from Ext P7 as well as P9 .
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gatherings, it would be incumbent on the Panchayat as well as the public spirited citizens like petitioners along with other stakeholders to see that those guidelines
are followed by one and all strictly and to render assistance for the revival of the islands to normalcy.
Writ petition is disposed of accordingly.
Sd/- (P.V.ASHA, JUDGE)
rtr/
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APPENDIX OF WP(C) 29184/2020
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE NOTIFICATION DATED 22-03- 2020 F.NO. 29-1/2020-DHS/IDSP OF THE SECRETARY(HEALTH), UNION TERRITORY OF LAKSHADWEEP ISSUING THE LAKSHADWEEP EPIDEMIC DISEASE, COVID-19 REGULATIONS, 2020. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE ORDER DATED 22-03-2020 F.NO.E/21/7/2020-COL OF THE 1ST RESPONDENT SUSPENDING SAILING OF ALL PASSENGER SHIPS AND HIGH SPEED CRAFTS SAILING TO AND FROM ISLANDS AND MAINLAND. |
| EXHIBIT P3 | TRUE COPY OF THE PROHIBOTORY ORDER UNDER SECTION 144 CR.P.C DATED 23-03-2020 F.NO. 1/4/220020-POT PART-1 ISSUED BY THE 1ST RESPONDENT AS THE DISTRICT MAGISTRATE. |
| EXHIBIT P4 | TRUE COPY OF THE ORDER DATED 25-3-2020 F.NO.E/21/7/2020-COL ISSUEED BY THE 1ST RESPONDENT. |
| EXHIBIT P5 | TRUE COPY OF THE ORDER DATED 20-04-2020 ISSUED BY THE DIRECTOR, PORT SHIPPING AND AVIATION. |
| EXHIBIT P6 | TRUE COPY OF THE ORDER DATED 07-05-2020 NO. E/21/7/2020-COL (PART II) ENCLOSING THE STANDARD OPERATING PROCEDURE [SOP] REGARDING MOVEMENT OF PERSONS TO BRING ALL STRANDED PERSONS OF LAKSHADWEEP AT KERALA AND MANGALORE TO LAKSHADWEEP ISSUED BY THE 1ST RESPONDENT IMPOSING STRICT QUARANTINE PROCOLS. |
| EXHIBIT P7 | TRUE COPY OF THE SOP MODIFICATION FOR DOMESTIC RETURNEES AND FOREIGN RETURNEES DATED 04-11-2020 F.NO.E/21/2020-COL(PART) ISSUED BY THE 1ST RESPONDENT. |
| EXHIBIT P8 | TRUE COPY OF THE NEWS ITEM IN THE ONLINE EDITION OF THE HINDU DATED 09-12-2020. |
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| EXHIBIT P9 | TRUE COPY OF THE REVISED STANDARD OPERATING PROCEDURE (SOP) DATED 22-12-2020 F.NO. E/21/7/2020-COL WHICH SUBSTITUTES THE EARLIER REQUIREMENT OF MANDATORY INSTITUTIONAL AND HOME QUARANTINE OF ALL PERSONS TRAVELLING TO THE ISLAND WITH THE REQUIREMENT OF JUST A NEGATIVE TEST REPORT OF RT-PCR OBTAINED 48 HOURS BEFORE THE TRAVEL ISSUED BY THE 1ST RESPONDENT. |
|---|---|
| EXHIBIT P10 | TRUE COPY OF THE REPRESENTATION DATED 24- 12-2020 F.NO. 1/2/2017-VDP(KVT) SUBMITTED BY THE VILLAGE (DWEEP) PANCHAYAT TO THE 1ST RESPONDENT. |
| EXHIBIT P11 | TRUE COPY OF THE REPRESENTATION DATED 26- 12-2020 F.NO. 15/03/2018-PCC(DP) SUBMITTED BY THE PRESIDENT CUM CHIEF COUNSELLOR, DISTRICT PANCHAYAT, UT OF LAKSHADWEEP TO THE 2ND RESPONDENT. |
| EXHIBIT P12 | TRUE COPY OF THE DIRECTIVES DATED 28.12.2020 ISSUED BY THE HOME SECRETARY, GOVERNMENT OF INDIA. |
| EXHIBIT P13 | TRUE COPY OF THE ORDER DATED 04.12.2020 APPOINTING SRI.PRAFULBHAI KHODABHAI PATEL AS THE ADMINISTRATOR OF LAKSHADWEEP. |
| EXHIBIT P14 | TRUE COPY OF THE OFFICE MEMORANDUM DATED 01.01.2021 ALONG WITH THE OFFICE NOTE RECEIVED IN REPLY TO AN APPLICATION UNDER THE RTI ACT. |
| EXHIBIT P15 | TRUE COPY OF THE MODIFIED SOP FOR FISH COLLECTION ACTIVITIES IN LAKSHADWEEP DATED 15.12.2020, F.NO.E/21/7/2020-COL(VOL-I). |
| EXHIBIT P16 | TRUE COPY OF THE REQUEST DATED 31.12.2020 MADE BY THE LEADER OF THE OPPOSITION, DISTRICT PANCHAYAT FOR CONVENING AN URGENT MEETING TO DISCUSS ABOUT EXT.P9. |
| EXHIBIT P17 | TRUE COPY OF THE MESSAGE OF THE CHIEF EXECUTIVE OFFICER, LAKSHADWEEP DISTRICT PANCHAYAT, KAVARATTI DATED 01.01.2021 REGARDING THE PROPOSED SPECIAL MEETING. |
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EXHIBIT P18 TRUE COPY OF THE UNANIMOUS DECISION DATED NIL ON EXT.16 RESOLUTION. EXHIBIT P19 TRUE COPY OF THE REPRESENTATION DATED 30.12.2020 SUBMITTED BY THE PETITIONER TO RESPONDENT NOS.1 AND 2. EXHIBIT P20 TRUE COPY OF THE PRINTOUT FROM GOOGLE SITE SHOWING THE NUMBER OF CASES AND DEATHS THAT OCCURRED IN ANDAMAN NICOBAR ISLANDS AS ON 31.12.2020. EXHIBIT P21 TRUE COPY OF THE NEWS ITEM THAT APPEARED IN MALAYALA MANORAMA DAILY DATED 28.12.2020 REGARDING THE CATASTROPHE IN ANDAMAN NICOBAR ISLANDS ON ACCOUNT OF COVID-19.
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APPENDIX OF WP(C) 589/2021
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE NOTIFICATION DATE THAT 22.03.2020 F.NO. 29-1/2020-DHS/IDSP OF THE SECRETARY (HEALTH), UNION TERRITORY OF LAKSHDWEEP ISSUING THE LAKSHADWEEP EPIDEMIC DISEASE COVID-19 REGULATION 2020. |
|---|---|
| EXHIBIT P2 | THE TRUE COPY OF THE ORDER DATED 22.03.2020 F.NO. E/21/7/2020-COL F OF THE 1ST RESPONDENT SUSPENDING SAILING OF ALL PASSENGER SHIPS AND HIGH SPEED CRAFT SAILING TO AND FROM ISLANDS AND MAINLAND. |
| EXHIBIT P3 | THE TRUE COPY OF THE PROHIBITORY ORDER UNDER SECTION 144 CRPC DATED 23.03.2020 F.NO. 1/4/220020 POT PART -I, ISSUED BY THE FIRST RESPONDENT AS THE DISTRICT MAGISTRATE SUSPENDEDING SAILING OF ALL PASSENGER SHIPS AND HIGH SPEED CRAFT SAILING TO AND FROM ISLANDS AND MAINLAND. |
| EXHIBIT P4 | THE TRUE COPY OF THE ORDER DATED 25.3.2020 F.NO. E/21/7/2020-COL ISSUED BY THE 1ST RESPONDENT. |
| EXHIBIT P5 | A TRUE COPY OF THE ORDER DATED 20.04.2020 ISSUED BY THE DIRECTOR, PORT SHIPPING AND AVIATION. |
| EXHIBIT P6 | THE TRUE COPY OF THE ORDER DATED 07.05.2020 NO.E./21/7/2020-COL (PART-11) ENCLOSING THE STANDARD OPERATING PROCEDURE (SOP), REGARDING MOVEMENT OF PERSONS TO BRING ALL STANDARDS PERSONS OF LAKSHDAWEEP AT KERALA AND MANGALORE TO LAKSHAADWEEP ISSUED BY THE 1ST RESPONDENT IMPOSING STRICT QUARANTINE PROTOCOL. |
| EXHIBIT P7 | THE TRUE COPY OF THE SOP MODIFICATION FOR DOMESTIC RETURN AND FOREIGN RETURNS DATED 04.11.2020 F.NO.E/21/7/2020-COL (PART), ISSUED BY THE 1ST RESPONDENT. |
| EXHIBIT P8 | THE TRUE COPY OF THE NEWS ITEM IN THE ONLINE EDITION OF THE HINDU DATED 09.12.2020. |
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| EXHIBIT P9 | THE TRUE COPY OF THE REVISED STANDARD OPERATING PROCEDURE (SOP), DATED 22.12.2020 F.NO. E/21/7/2020-COL WHICH SUBSTITUTE THE EARLIER REQUIREMENTS OF MANDATORY INSTITUTIONAL AND HOME QUARANTINE OF ALL THE PERSONS TRAVELING TO THE ISLAND WITH THE REQUIREMENTS OF JUST NEGATIVE TEST REPROT OF RT-PCR, OBTAINED 48 HOURS BEFORE THE TRAVEL ISSUED BY THE 1ST RESPONDENT. |
|---|---|
| EXHIBIT P10 | THE TRUE COPY OF THE REPRESENTATION DATED 24.12.2020 F.NO. 1/2/2017-VDP (KVT0, SUBMITTED BY THE VILLAGE (DWEEP), PANCHAYAT TO THE 1ST RESPONDENT. |
| EXHIBIT P11 | THE TRUE COPY OF THE REPRESENTATION DATED 26.12.2020 F.NO. 15/03/2018- PCC (DP), SUBMITTED BY THE PRESIDENT COME CHIEF COUNSELLOR, DISTRICT PANCHAYATH UT OF LAKSHADWEEP TO THE 2ND RESPONDENT. |
| EXHIBIT P12 | A TRUE COPY OF THE JUDGMENT DATED 28.10.2020 IN WPC NO. 22590 OF 2020. |
| EXHIBIT P13 | A TRUE COPY OF THE JUDGMENT DATED 10.06.2020 IN WPC NO. 8114 OF 2020. |
| EXHIBIT P14 | A TRUE COPY OF THE REPROT SUBMITTED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT AND ADVISOR TO THE ADMINISTRATOR. |
2 issues framed by the court
Whether the revised Standard Operating Procedure (SOP) issued by the Lakshadweep Administration dispensing with institutional quarantine warrants judicial interference under Article 226.
Whether the Administration acted within its authority in relaxing strict movement restrictions in the interest of resuming developmental activities.
2 provisions across 2 enactments
Shafeeque Rahman K.K.
Lukmanul Hakeem M.K.
Collector and Chairman District Disaster Management Authority, Union Territory of Lakshadweep
The Administrator, Union Territory of Lakshadweep
Union of India, Represented by the Secretary Ministry of Health and Family Welfare
Director, Health Service, Union Territory of Lakshadweep
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
