Kerala High Court
Shafeeque Rahman K.K vs Collector And Chairman on 18 January, 2021
WP(C).NoS.29184 OF 2020(W) &
589/2021 1
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.
2 THE ADMINISTRATOR,
UNION TERRITORY OF LAKSHADWEEP, KAVARATTI, PIN 682
555
3 UNION OF INDIA,
REPRESENTED BY THE SECRETARY MINISTRY OF HEALTH AND
FAMILY WELFARE DEPARTMENT, NEW DELHI 110 001.
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) &
589/2021 2
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.
3 UNION OF INDIA,
REPRESENTED BY THE SECRETARY, MINISTRY OF HEALTH
AND FAMILY WELFARE DEPARTMENT, NEW DELHI 110 001.
4 DIRECTOR,
HEALTH SERVICE, UNION TERRITORY OF LAKSHADWEEP ,
KAVARATTI, PIN 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:
WP(C).NoS.29184 OF 2020(W) &
589/2021 3
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 1 st 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.
2. The petitioners point out that the Union Territory of Lakshadweep is
the only Island in the country where there has not been a single positive case of the
Novel Corona virus, because of the strict adherence to the restrictions imposed till
Ext.P9 was issued. It is stated that immediately on the wake of pandemic, the
Administration had issued Ext.P1 -Lakshadweep Epidemic disease Covid-19
Regulation, 2020 on 22.3.2020, under Sections 2 to 4 of Epidemic Diseases Act.
WP(C).NoS.29184 OF 2020(W) &
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
WP(C).NoS.29184 OF 2020(W) &
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
WP(C).NoS.29184 OF 2020(W) &
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.
3. The learned Senior Central Government Standing Counsel has filed
statements as well as additional statements in both the Writ Petitions refuting the
contentions of the petitioners and the petitioner in W.P.(C).No.29184 of 2020 has
filed reply statement.
4. (i)According to the statement of the respondents, the decision to issue
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
WP(C).NoS.29184 OF 2020(W) &
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
WP(C).NoS.29184 OF 2020(W) &
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
WP(C).NoS.29184 OF 2020(W) &
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 5 th; 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.
5. A reply affidavit is filed in answer to the statement filed in
W.P(c).29184/2020. Producing Ext.P12 directives issued by the Home Ministry,
Government of India, it is stated that even those directives require the assessment
WP(C).NoS.29184 OF 2020(W) &
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
WP(C).NoS.29184 OF 2020(W) &
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 it 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
WP(C).NoS.29184 OF 2020(W) &
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.
6. An additional statement has been filed by the Senior Central
Government Counsel in W.P(C).No.589 of 2021 in which the preparations made
have been explained. Para. 3 reads as follows:
"3. The Government of India has already announced vaccination
programme to resist Covid pandemic. From 16 th 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
WP(C).NoS.29184 OF 2020(W) &
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."
7. Heard M/s. Shyam Padman and R.Rohit, the learned counsel appearing for
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.
8. The learned Counsel for the petitioners assert that after 10.12.2020, there
was no recommendation by the Director of Health Services for further relaxation
of quarantine measures and that even on 15.12.2020, seven days' mandatory paid
quarantine in Cochin with a negative test certificate within 48 hours of the
commencement of travel from mainland to island was insisted for all the crews on
boat and therefore the decision to tale away the institutional quarantine within a
further period of one week is not supported by any advice from the Director of
Health on 22.12.2020 and that such decision is taken at the instance of the new
Administrator. It was argued that the the health care facilities and public health
activities under it have already been transferred to the Village/ District panchayat
WP(C).NoS.29184 OF 2020(W) &
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.
9. The learned Standing Counsel made available the minutes of the joint
meeting of Lakshadweep District Disaster Management Authority & Heads of
Departments held on 23.12.2020 in connection with the Swachh Lakshadweep
Utsav-2020 and covid management in the wake of revised SOP issued on
22.12.2020, relevant portion of which relating to Covid management reads as
follows:
"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
WP(C).NoS.29184 OF 2020(W) &
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 25 th 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, Shipp-
ing and Aviation, UTLA shall finalize and release the ship schedule from 28 th December
2020 onwards in a staggered manner. The tickets may be released at least 4 (four)
WP(C).NoS.29184 OF 2020(W) &
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.
WP(C).NoS.29184 OF 2020(W) &
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
10. The aforesaid minutes would show that the Disaster Management
Authority is taking steps to implement the SOP with the active involvement and
monitoring by the Director (Health Services), with the co-operation and co-
ordination of all the stakeholders. Apart from that the preparations made by the
Health Department and the availability of hospitals to contain the situation are
explained in paras2 and 3 of the additional statement,as follows:
"2. xxxx
(i) Department has placed one specialist each in Medicine, Surgery,
Orthopaedics, ENT, Radiology, Paediatrics, Ophthalmology, Pathology and two
WP(C).NoS.29184 OF 2020(W) &
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."
11. The revised SOP is issued by the Disaster Manager Authority, as in the
case of all the SOPs right from the beginning -from Ext P6 onwards in exercise of
WP(C).NoS.29184 OF 2020(W) &
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 .
12. When petitioners apprehend immediate spread of Covid 19 on account
of withdrawal of institutional quarantine for travelling to the islands and point out
the inadequacy of facilities to contain the spread of Covid 19, contention of the
respondents is that they have taken all measures to contain the same. It is seen that
there has been a complete lock down in the islands for a period of 9 months from
March to 28.12.2020. The developmental activities have come to a stand still
affecting the economy. Several islanders have become jobless for the last 9
months; Covid-19 restrictions are relaxed world wide, stage by stage for reviving
to normalcy. It is seen that the Administration of UT of Lakshadweep also found
it necessary to resume the activities in the larger public interest. Ext P9 as well as
the minutes of the meeting of 23.12.2020 and the additional statement filed in W.P.
(C) No.589/2021 would show the arrangments made by the respondents to contain
the spread of Covid-19. Using of mask, sanitiser, maintaining physical
distancing, restrictions in social gathering, etc are some of such measures ordered
to be observed by the islanders strictly. As the petitioners have stated that masks
were not being used in the islands and there were no restrictions in social
WP(C).NoS.29184 OF 2020(W) &
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.
13. It is seen that Ext P9, the revised SOP has come into force on
28.12.2020. In view of the arrangements in place as stated by the respondents, I
find that Ext P9 does not warrant interference of this court under Article 226, as it
is issued in implementation of the policy decision taken by the Lakshadweep
Administration, in order to protect the interest of all concerned, which is very well
within its authority. However, though the respondents has stated that all the
facilities are available to take care of any situation, there shall be close monitoring
for the same in tune with the decision taken on 23.12.2020 and also to ensure the
availability of sufficient medical specialists as well as strict adherence to the
guidelines issued by it.
Writ petition is disposed of accordingly.
Sd/- (P.V.ASHA, JUDGE)
rtr/
WP(C).NoS.29184 OF 2020(W) &
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.
WP(C).NoS.29184 OF 2020(W) &
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.
WP(C).NoS.29184 OF 2020(W) &
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.
WP(C).NoS.29184 OF 2020(W) &
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.
WP(C).NoS.29184 OF 2020(W) &
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.
