COVID-19 public interest petitions sought measures concerning quarantine, healthcare, protective supplies, shelter, essential commodities and online content. The court declined to pass further orders and closed all eight petitions along with pending applications.
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.
HIGH COURT FORTHE STATEOF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THE FOURTHDAYOF MARCH TWO THOUSANDAND TWENTYONE
PRESENT
THE HONOURABLETHE CHIEF JUSTICE HIMA KOHLI AND THE HONOURABLE SRIJUSTICEB.VIJAYSEN REDDY
W.P.(PlL) NOS: 54.65. 66, 68. 70. 71. 76 &77 0F 2020
TAKEN UP W.P.(PIL )NO:54 0F 2020
Between:
News itempublished in Deccan Chronicle, Englit-n.?flilyt!q*-q tqpSt'Hvderabad rjttio"- OJISO 2o-oS-zozOunder caption "OUARANTINE FACILITIESDlRTY".
.,.PETITIONER
AND
...RESPONDENTS
PetitionunderArticle226oltheConstitutionoflndiaprayingthatin comptiancewiththeordersofMyLordHon'bletheChiefJusticeontheofficeNote Oit"i, ZO-OS-2020and forifrerelsonsstatedin the letter submitted by his Lordship Hon'ble Sri JusticeP. ruaveen Rao to the Registrar(Judicial)' ?N lh.unews item prulirn"J in;-o"ccan chronicte,,daily dated on 20-03-2020,thisHon',blecourt may bepleased toissue an apfiopriate Writ, Order or Orders more particularly in the nature of Writ ofMandamuJto'cattfor remarks from the respondentsherein..relating i" in" ounneNTtNEFAiIL|IES- pathetic conditionsin the premises notifiedfor
For thePetitioner:NEWS ITEM
TAKENUP W'P' (PlL) NO: 6s oF 2020
Between:
Sri. KailashNath P S S'
...PETITIONER
AND
Petitionunder Article226 ot the Constitution of lndia praying that in L"iJ1f..,"non'OteineChief Justice on the office compliance Note dated,with the 07-o4-202o Oirectiols 'ili;; "ifr,,Viilll"ontttatedin ih" l"tt"t dated05/04i2020 sentby the petitioner n"r."il iiro'gi'"rnlli' tnit cotrrt mavbe pleasedto issuean aooropriateWrit, order ";ij;;;;";";eparticularlv' on" in t'" natureof a Writ of triiandamusto call For r."#']t"'i'"rn'"trl-R"'pono"ntsherein torelating Medicareto serviceandin connectionwith providing"ri"qru* ".".urity Jno -piotection Personswho are Oi"nu'ging* lheir critical and essential servicesto combatthe covlD-19pandemicin tnE"slui""ot i"iungunu'inspiteot the selfless services put forth bythe Medicare =J^il1'"t"r*".,in"r" .ul,"- u""n reported incidents of
'I
Counsel for the Petitioner: LETTER
Counsel for the Respondent Nos. 1 & 2: SRl. NAMAVARAPU RAJESHWAR RAO, ASST. SOLICITOR GENERAL
Counsel for the Respondent No. 3: ADVOCATE GENERAL
Counsel for the Respondent Nos. 4 & 5: GP FOR HOME
Counsel for the Respondent Nos. 6 & 7: GP FOR MEDICAL & HEALTH.
TAKEN UP W.P.(P.|.L) NO: 66 OF 2020
Between:
Vasudha Nagaraj, Advocate, Plot no 13, Sripuri colony, kakaguda, Secunderabad, HYDERABAD 50001 5.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of lhe Constitution of lndia praying that in compliance with the directions of Ir/y Lord the Hon'ble the Chief Justice on the office Note dated, 07 -04-2020 and for the reasons stated in the letter dated 0510412020 sent by the petitioner herein through email, this Court may bepleased to issue an appropriate Writ, Order or Orders moreparticularly, one in the nature of a Writ of l\rlandamus to call for remarks and records from the Respondents herein relating to and in connection with the absence of providing screening of inmates and medical facilities in the temporary shelters setup in the twin cities of Hyderabad and Secunderabad, which may lead topotential spreading of COVID-19 virus to the inmates of these shelters viz., volunteers, staff of GHtr/C and NGOs supervising these shelters, as more than 8 shelters(to my limited knowledge)have been opened in the last one week as more than 200 inmates are shelteredin eachof them and urgent medical attention is neededparticularly in those shelterswhere homeless people and beggars have been brought andhoused and screeningis a must at entry and exitgates for these shelters. Consequently todirectthe Respondents herein to
(a) immediately arrangeteam of Doctors in each of these temporary shelters'
(c) to conduct COVID19 diagnostictests uponeach inmateat each of these temporarY shelters,
(d) to inform thestaff manning the temporary shelters about the cause of Oeatn if ifreinmateswho had died in the last one week'
(f)toincreasethenumberofShelterssothatSocialdistancingcanbe implemented.
Counsel for thePetitioner:LETTER
Counsel forthe Respondent Nos' 't & 2: SRI'N' RAJESHWARRAO' ASST' SOLICITOR GENERAL
Counsel for theRespondent No. 3: ADVOCATE GENERAL
Counsel fortheRespondent Nos. 4 & 5: GP FORMEDICAL& HEALTH
TAKEN UP W.P'(PlL)NO: 68 OF 2020
Betwee n:
Sri.BuddaaramDhanraj, President StateNayee Brahim YouthSangam, Hyderabad.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of theConstitution of lndia prayingthatin compliance with the directionsof My Lord the Hon'ble the chief Justiceon the office Note dated, 13-04-2020 and forthe reasons stated in the letter dated1210412020 sent by thepetitioner herein throughemail, this Hon'ble Court may be pleasedto issue an appropriate Writ, Order or Ordersmore particularly,one in the nature of a writ of Mandamus to call forremarks and records from the Respondents herein relating to and in connectionwith Supplying essential commoditiesto Nayee Brahim non-ration card holders onpar with migrantsduring lockdownof COVID-19as per
{
G.O.Ms.No.45 General Administration Department daled 22.3.2020, at point No.12, ration card holders are supplied 12 kg of rice and Rs1500/. to meet the expenditure on other essential commodities such as dal, vegetables and salt etc., whereas noncard holders like barbers who came from different areas of Telangana are engaged in salons on daily wages and on piece rate, though possessing aadhar cards and belong to Telangana, are not supplied essential commodities and Rs.'15001 to make their livelihood during lockdown, whereas migrants from other States are supplied 12 kg of free rice, which is purely discriminatory and against the Constitutional guarantee of right to livelihood and:
Consequently, to direct the Respondents herein for supply of essential commodities and petty money to purchase dal, vegetables etc. to Nayee Brahim non-ration card holders on par with migrants during lockdown of COVID-l9, so as to protect their Right to Life guaranteed under the Constitution.
Counsel for the Petitioner: LETTER
Counsel for the Respondent Nos. 1 & 2: THE ADVOCATE GENERAL
Counsel for the Respondent Nos. 3 & 7: GP FOR MEDICAL & HEALTH
Counsel for the Respondent no. 4: GP FOR REVENUE
Counsel for the Respondent No. 5: GP FOR FINANCE & PLANNING
Counsel for the Respondent No. 6: GP FOR SOCIAL WELFARE
TAKEN UP W.P (PlL) NO: 70 OF 2020
Between:
Sri.J.Venudhar Reddy, Advocate, Vrindavanam, 2-3-927, Rd.No.2, Arunodayanagar, Nagole, Hyderabad-500 068
...PETITIONER
AND
,..RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in compliance with the directions of My Lord the Hon'ble the Chief Justice on the office Note dated, 16-04-2020 and for the reasons stated in the letter dated 1410412020 sent by the petitioner herein through email, this Hon'ble Court may bepleased to issue an appropriate Writ, Order or Orders more particularly, one in the nature of a Writ of lrilandamus to call for remarks from the Respondents herein relating to and in connection with providing masks/towelsi hand kerchiefs, water and soap, sanitizers to the Hamalis/Farmers/workers, working at all Paddy Procurement Centers across the State of Telangana to prevent spreading of COVID-19, as many as 4000 paddy procurement centers are opened by the Government of
Telangana and around 4,00,000 people are gathered in 4000 PPCs which is likely to go on for next 30 to 40 days, on an average about 60 hamalis, S0 farmers and their workmen are in one Centre for drying up their produce and are working in close proximity to each other without wearing MASKS or Towels or any protective cloth to their faces to prevent spreading of carona virus, no sanitizers or soap and water are provided to wash their hands, which is necessary as per the WHO guide lines, which would lead to spread of virus across the villages.
Consequently, to direct the Respondents herein to provide masks/ towels/hand kerchiefs, water and soap, sanitizers to the Hamalis/ Farmers/ workers, working at all Paddy Procurement centers (PPC) across the state of relangana to prevent spreading of coVlD, as protection of lives of the people is guaranteed under Article 21 of the Constitution of India.
Counsel for the Petitioner: LETTER
Counsel for the Respondent Nos. 1 & 2: SRl. N. RAJESHWAR RAO, ASST. SOLICITOR GENERAL
Gounsel for the Respondent No. 3: ADVOCATE GENERAL
Counsel for the Respondent No. 4: GP FOR CIVIL SUPPLIES
Counsel for the Respondent No. 5: GP FOR AGRICULTURE
Counsel forthe Respondent No.6: Gp FOR MEDICAL & HEALTH
TAKEN UP W.P. (PlL) NO: 71 OF 2020
Between:
flfl,n$gkRam Kumar, Adv9q49, Ftat No.101 ,ptot No.361 ,Road No.24, Jubitee Hills Colony, Hyderabad 500 033
...PETITIONER
AND
k
'12. M/s Bytedance (lndia) Technology Private Limited, Registered office jll2,Floor 10, Everest Pandit Madan Mohan lValviya Marg, Tardeb, Mumbai 400 034.
...RESPONDENTS
Petition under Arlicle 226 of the Constitution of lndia praying that in compljance with the directions of Ir,4 y Lord the Hon'ble the chief Justice on the office Note dated, 16-04-2020 and for the reasons stated in the letter daled 13lO4l2O2O sent by the petitioner herein through email, this Hon'ble Court may be pleased to issue an appropriate Writ, Order or Orders more particularly, one in the nature of a Writ of Mandamus to call for remarks and records from the Respondents herein relating to and in connection with banning Tik Tok mobile app which was containing videos undermining the medical seriousness of COVID-1g and encouraging people from the Muslim Community not to follow social distancing or other precautionary measures issued by the State and Central Governments as well as provisions of Section 2 and 2(al of the Epidemic Diseases Act, 1897 or else the life of rest of the healthy and unaffected citizens will be put to danger thereby creating a chaos in the Country, as well as saying wearing a lslamic CAP or praying five times a day would not effect a person with the COVID-19 virus, videos of short duration of 15 to 20 seconds show young boys, teens and adults in muslims, would discourage fellow muslims from exercising precautions and these videos are laced with religious overtones fueling rebellion by a particular community against the Government, APP is hosted in China and can be downloaded and installed on any computing and viewing device such as Mobiles, Laptops, TABs etc., and once downloaded the user has got the complete flexibility of making a video including a background music along with superimposition of subtitles and the same can be hosted under the viewers userid and if shared on any social media like WhatsUp, Facebook, lnstagram, Twitter, Helo can be viewed by millions of people [t/adras High Court in Writ Petition No.7885 of 2019 (filed by one Muthu Kumar on 2410212019) by an order dated 03/04/2019 prohibited downloading of TIKTOK mobile Application, prohibited media from Telecasting the videos which degrade culture, encourage Pornography, causing pedophiles, explicit disturbing content, social stigma and medical health issues to teens, lnformation Technology Act, 2002, under Section 694, as well as the lnformation Technology (Procedure and safeguards) for blocking for access of lnformation by public) Rules 2009 as well as lnformation Technology (lntermediaries Guidelines)-2011 along with the institution of the Grievance Officer are adequate provisions to deal with such a contingency and adequate machinery is provided under Section Z9(3)(a) and Section 79(3)(b) of lnformation Technology Act, 2002 as well as the Rules under lnformation Technology (lntermediaries Guidelines)-201'1 which deal with lntermediaries who fail to act or respond to a complaint or request made by any person/persons regarding any negative or inappropriate content transmltted through the platform, viz., recent postings (one of the links https //www.facebook.com/groups/ 807334102637 434t permalink/ 28734976526 877251) had been making rounds through the TIKTOK Platform, provisions to rule 3(4) of lntermediaries Guidelines-201 1 , provides removal of such content within 36 hours, which is too long time, as spreading such videos would already damage the society.
Consequently, to direct the official Respondents herein to take appropriate steps to ban the Tik Tok mobile app, containing videos, within the territory of lndia, which undermine the medical seriousness of COVID-1 9 and encouraging people from the lVluslim Community not to follow social distancing or other precautionary measures issued by the State and Central Governments as well as provisions of Section 2 and 2(a) of the Epidemic Diseases Act, 1897 or else the life of the rest of the healthy and unaffected citizens will be put to danger thereby creating a chaos in the Country.
Counsel for the Petitioner: LETTER
Counsel forthe Respondent Nos. 1 to 4: SRl. N. RAJESHWAR RAO, ASST. SOLICITOR GENERAL
{
Counsel forthe Respondent No. 5: ADVOCATE GENERAL
Counsel forthe Respondent No.6: GP FOR lT
Counsel for the Respondent No. 7: GP FOR REVENUE
Counsel for the Respondent Nos. 8 to'10: GP FOR HOME
TAKENUP W.P. (PlL) NO: 76 OF 2020
Between:
Mrs.S.Nanda, Advocate, Hyderabad. Email dated 22.4.2020.
...PETITIONER
AND
Petition under Article 226 of the Constitution of lndia praying that in compliance with the directions of My Lord the Hon'ble the chief Justice on the office Note dated, 25-04-2020 and for the reasons stated in the letter dated 22lo4l2o2o sent by the petitioner herein through email, this Hon'ble Court may be pleased to issue an appropriate writ, order or orders more particularly, one in the nature of a writ of Mandamus to call for remarks and records from the Respondents herein relating to and in connection with providing shelter by the State Government to all the shelterless people by patrolling every lane in twin cities and to rehabilitate all of them into shelter homes thereby reducing the risk of spread of coVlD'19 disease, virtually shelter less people are residing, eating, sleeping and doing their urinals on the street itself, few could be migrant workers and beggars ryilhogtmaintainingsocial distancingwhereby increasing the threat of spread of covlD-19 in the entire locality, as per the directions of Apex court judgment (2011)14 scc 349 in Peoples Union for civil Liberties vs Union of lndia goveriment has to provide shelter to the shelterless and if necessary, shall utilise the"community Halls, Marriage Halls and schoors for this purpose, and provide widespread awareness through Media the availability of shelters to the people who are sufiering without any shelters and to provide food for above mentioned poor people during these times of lock down due to COVID-1 9.
consequently, to direct the Respondents herein to provide shelter to all the shelterless people by patrolling every lane in twin cities and to rehabilitate them into shelter homes and provide food thereby reducing the risk of spread of covrD-i g disease
\
lA NO: 'l OF 20?0
Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, inu trigh court may be preased to pass appropriate orders to the respondents herein to forihwith initiatd steps ioi"ierlion or ."Ifg1iygma-chinery to enforce the provisions oi ifre tnter_Stut" rr,iig;t-Wlrkrun (REGULATION OF EMPLOYN/ENT AND CONDITIONS Or SENVI6ii''NttI'rEZS, and ensure its implementation both in its retter and spirit, to ensure trJirre-iights or migrant workers in the State of Telangana, are proteited
Counsel for the Petitioner: LETTER
Gounsel for the Respondent No. 1: THE ADVOCATE GENERAL
Counsel for the Respondent Nos. 2 & 3: Gp FOR MEDICAL & HEALTH
counsel for the Respondent Nos. 4 & 5: Gp FoR MUNtclpAL ADMINISTRATION & URBAN DEVELOPMENT
Counsel forthe Respondent Nos.6 & 7: Gp FOR HOME
TAKEN UP W.P. (PIL) NO :77 OF 202O
Between:
Prof. P.L.Vishweshwer Rao, Vice president of relanqana Jana Samiti poriticar Pady, H.No.33-23t 1. Officers Colony, nimrtilin"rapuram, Secunderabad, Hyderabad.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the constitution of India praying that in compliance with the directions of My Lord the Hon'ble the chief Justice on-the office Note dated, 25-04-2020 and for the reasons stated in the letter dated 2210412020 sent by the petitioner herein through email, this Hon'ble court may be pleased to issue an appropriate writ, order or orders more particularly, one in the nature of a writ of Mandamus to call for remarks and records from ihe Respondents herein relating to and in connection with -prevention of NGos from engaging in reaching relief to child care centres, womens shelters, temporary shelter homes for migrant labour and to adopt humanitarian approach towards the migrant labour by following the supreme court guidelines issued on April 3,2020 relating to running oi childrens homes and shelter homes and to follow the provisions of Diiaster lVlanagement Act
\ro
2005 which entrusts/mandatesthe State Executive Committeesat differentlevels *it, tn" responsibilityto advise,assist and coordinatethe activities of NGOs engaged in disastermanagement.
Consequently, todirect the Respondentsherein not to stop NGOs from reaching food,essentialsand emotional help to the children and women in the care of vario"us homesand sheltersas per SC guidelines both GHN/C and the Telangana Stategovernment tofollow the 5cguidelines in thismatterand NCOslln"o iviouals/philanthropicgroupsrunningtemporary shelter homes and feeding centres for migranilabour and o-thers rendered homeless be allowed to carry on with their noble work.
Counsel for thePetitioner:SRl. LETTER
Counsel for theRespondent No. 1: THE ADVOCATE GENERAL
Counsel for the RespondentNos. 2 & 3: GP FOR MEDICAL& HEALTH
counsel for theRespondent Nos. 4 & 5: GPFoRWoMEN & cHILDWELFARE
counsel for theRespondent Nos. 6 & 7: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT
Counsel for the RespondentNo. 8: SC FoR LEGAL SERVICES AUTHoRITY
The Court madethe following:COMMON ORDER
Ilenrs No,35 - 40,42 & 43
TIIf, IIoN'BI-E l'HI CIIIEI .Itisl'I CE IIIMA KOIILI ANI) "I'IIE,II oN'I]I,E SRI J US .I.ICF] B ,,I.IAY SEN R EDDY w.t, (PIL)No s.5.1. 65, 66, 6B, 70, 7t, 76&77 of 2020
CONIlVI o- ()RDIiR I (l'jer thc IIon,blc thc Chicl'Justice Hinra Kohli)
I . 'l'he present pll.s har,c bt-e ir lllccl in rhc peak of CO\rlD_ I9 inlcction in the l ear 2020. r.r,hcrei, se'cr.al dircctiorls wcre soueht t. thc re sporr den ti,state ibr. rnal<in i conrplianccs.
I [], 6otr,, ,.rLrcli rvatcr.itrs flou,n unclcr.thc Lrridgc..I.hc intensity ol co vlD- ] lnftcrion has abate<I. rocr<cio*ns have bee.r recalled, and rnost o1' the facilities, i,clr-rdi.rg schools, colleges, cir.rema halls etc.. havc been pcmitted to bc opencd. 'I'he vaccination tl.ive lor prevcntion o1- CO\zlD- 19 inl'e ction has also been intensillecl. We do not sec an)'reason to ltass an)'lirrthcr.or.ders in the prescnt petitions. l. I'hc pleserrt pctition:; alc accorclingly closed along rvirh thc: pcncling applications, ; l- an,,.
SD/- T.TIRUMALADEVI ASSISTANT REGIST
To
,TRUECOPY//
SECTIONOFFICER
i. 5i]E d6iJ 5ii.N.h'i"tn*arRao'Asst solicitor Genera 3' o;; 4. Two CCs c'to to sri the Advocate GP lor G( !?5,Ylio''t'"tation' Hish court for the stateof relansana'
Pt,1/_rf
HIGHCOURT
DATED:0410312021
".1
.I H E 14 ,E
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* *
1),ij']
ORDER
WP(PlL).Nos.54,65, 66, 68, 70, 71,76 &77 of 2020
Closing the WP(PlL)s
-s aso*
,.1^
s/
1 issue framed by the court
Were further orders required in the public interest petitions seeking COVID-19 protection and relief measures?
Kailash Nath P S S
Vasudha Nagaraj
Buddaaram Dhanraj
J.Venudhar Reddy
State of Telangana, Represented by its Chief Secretary
Union of lndia, rep. by its Secretary Department of Medical and Health
Hima Kohli
B. Vijaysen Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
