Gauhati High Court orders punishment for violating COVID-19 protocol like not wearing mask

Sept. 7: On 1 September, 2020, one Tanmay Jyoti Mahanta resident of Geeta Nagar, Zoo Narangi Road, Guwahati has filed a Public Interest Litigation(PIL) before the Gauhati High Court. He highlighted that although the State resorted to lockdown and prescribed various measures for controlling and curbing the spread of Coronavirus by the State agencies, however the State agencies have failed in implementing mandatory use of proper face masks by the residents of the State who move out of their houses. This, he stated has resulted in extensive spread of the Pandemic.

Mahanta also raised point before the High Court in regard to the order dated 8 May, 2020 issued by Government of Assam, Health and Family Welfare Department, Dispur, Guwahati wherein wearing on face masks while outside the house was made compulsory. This order also stated that anybody violating these instructions on use of face cover will be punishable under section 188 of Indian Penal Code. All police officers not below rank of Assistant Sub-Inspector of Police shall compound the offence on payment of rupees five hundred for the first, second and third offence and on payment of one thousand rupees for the subsequent offences.

While hearing the matter, the bench comprising of Chief Justice Mr. Ajai Lamba and Justice Mr. Manish Choudhury observed that the order issued by the state on 8 May is apparently being flouted because the punitive action provided there under is not being taken against the violators of the Government orders and notifications. notifications. The Gauhati High Court directed that anybody violating instructions dated 8 May as regards use of face cover would be punished as suggested vide order dated 08.05.2020.

The Gauhati High Court directed  the concerned District Heads of Police, Deputy Superintendents of Police and Officers-in-Charge of the Police Stations to be proactive on the streets and check whether the directions issued vide order dated 08.05.2020 and this Court are complied with or not. In case, the directions are violated, fine be imposed as provided in order dated 08.05.2020. The fine imposed on the violators and thus collected be brought to the notice of the Court through the Health & Family Welfare Department, Government of Assam.

The High Court also directed the Deputy Commissioners to involve officers/ officials from various Departments who would inspect various areas in their respective townships, including Sub-Divisions to find out whether the respective police stations/ police officers are complying with directions issued vide order dated 8 May, 2020 and Gauhati High Court by virtue of this order. The matter was fixed for next hearing on 17 September, 2020.