Kerala High Court
Akbar M K vs Union Territory Of Lakshadweep on 28 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 28TH DAY OF MAY 2021 / 7TH JYAISHTA, 1943
WP(C) NO. 1079 OF 2021
PETITIONER:
AKBAR M. K., AGED 48 YEARS
S/O. LATE P. CHERIYAKOYA, MALMIKKAKKADA HOUSE,
KALPENI ISLAND, UNION TERRITORY OF LAKSHADWEEP-682 557.
BY ADVS. SRI. AJIT G. ANJARLEKAR
SRI. GOVIND PADMANAABHAN
SRI. G. P. SHINOD
RESPONDENTS:
1 UNION TERRITORY OF LAKSHADWEEP,
REPRESENTED BY THE ADMINISTRATOR, KAVARATTI ISLAND,
UNION TERRITORY OF LAKSHADWEEP 682 555.
2 THE ADMINISTRATOR,
ADMINISTRATION OF UNION TERRITORY OF LAKSHADWEEP,
KAVARATTI ISLAND, UNION TERRITORY OF
LAKSHADWEEP-682 555.
3 THE COLLECTOR AND CHAIRMAN,
DISASTER MANAGEMENT AUTHORITY (DDDMA),
ADMINISTRATION OF UNION TERRITORY OF LAKSHADWEEP,
KAVARATTI ISLAND, UNION TERRITORY OF
LAKSHADWEEP-682 555.
4 LAKSHADWEEP DISTRICT PANCHAYAT
REPRESENTED BY ITS PRESIDENT CUM CHIEF CONSELLOR,
UNION TERRITORY OF LAKSHADWEEP, KAVARATTI ISLAND,
UNION TERRITORY OF LAKSHADWEEP-682 555.
5 THE DIRECTOR OF HEALTH SERVICES,
DIRECTORATE OF MEDICAL AND HEALTH SERVICES,
ADMINISTRATION OF UNION TERRITORY OF LAKSHADWEEP,
KAVARATTI ISLAND, UNION TERRITORY OF
LAKSHADWEEP-682 555.
6 THE DIRECTOR,PORT, SHIPPING AND AVIATION,
DEPARTMENT OF PORT, SHIPPING AND AVIATION,
ADMINISTRATION OF UNION TERRITORY OF LAKSHADWEEP,
KAVARATTI ISLAND,
UNION TERRITORY OF LAKSHADWEEP-682 555.
WP(C):1079/2021 2
7 THE ASSISTANT DIRECTOR (DISASTER MANAGEMENT),
DISASTER MANAGEMENT AUTHORITY,
ADMINISTRATION OF UNION TERRITORY OF LAKSHADWEEP,
KAVARATTI ISLAND,
UNION TERRITORY OF LAKSHADWEEP-682 555.
BY ADV SHRI MANU S., SCGC, ADMINISTRATION OF THE UNION
TERRITORY OF LAKSHADWEEP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C):1079/2021 3
JUDGMENT
S. Manikumar, CJ
Instant Public Interest Litigation is filed praying to issue a writ of
certiorari or any other appropriate writ, order, or direction, to call for the
records leading to Exhibit-P4 Standard Operating Procedure dated
22.12.2020 issued by the Collector and Chairman, Disaster Management
Authority (DDDM), Administration of Union Territory of Lakshadweep,
respondent No.3; Exhibit-P5 circular dated 26.12.2020, issued by the
Assistant Director (Disaster Management), Disaster Management
Authority, Administration of Union Territory of Lakshadweep, respondent
No.7; and Exhibit-P6 communication dated 28.12.2020 issued by the 7 th
respondent, and quash the same.
2. Facts leading to the filing of the writ petition are as under:
Petitioner claiming to be a member of the Scheduled Tribe of
Lakshadweep and a social worker, is aggrieved by order passed by the 3 rd
respondent, whereby, persons from the mainland are permitted to enter
and move around freely in Lakshadweep, without undergoing a mandatory
quarantine, either in Kochi or Lakshadweep. He submitted that Union
Territory of Lakshadweep is the only place in India where not even a
single case of COVID-19 has been reported. The restriction on travel
imposed during lockdown was lifted and persons who wanted to visit
Lakshadweep have to undergo 14 days mandatory home quarantine after
their arrival in islands, post COVlD-19 negative test at Kochi, along with 14
days of mandatory quarantine, in Kochi. By Exhibit P1, the Standard
Operating Procedure was modified and the mandatory home quarantine in
islands was reduced to 7 days with effect from 01.10.2020. By Exhibit P2,
the SOP was again modified to the effect that persons desirous of visiting
Lakshadweep have to undergo 10 days mandatory institutional quarantine
at Kochi, instead of 14 days, which was earlier stipulated, and after 7
days, the person was allowed to undergo COVID-19 test. If the result was
found to be negative, the person was allowed to move to Lakshadweep on
completion of ten days of institutional quarantine period. However, the
mandatory home quarantine of 7 days in Lakshadweep, earlier stipulated,
was retained.
3. Petitioner has further stated that the erstwhile Lakshadweep
Administrator has taken a judicious decision to impose mandatory
quarantine on persons who were desirous of visiting Lakshadweep, being
aware of the backwardness and the dearth of medical facilities in
Lakshadweep. Such measures yielded results, which is demonstrable
from the fact that even a single case of COVID-l9 was reported in
Lakshadweep. Thereafter, a new Administrator assumed office and
thereupon, the Administration modified the SOP, by way of Exhibit P4
Standard Operating Procedure dated 22.12.2020, and lifted the mandatory
quarantine in Kochi and Lakshadweep stipulated earlier and instead,
permitted all the persons, who were desirous of visiting Lakshadweep, to
carry a negative test report of RTPCR, obtained 48 hours before their
travel to Lakshadweep.
4. Petitioner has further stated that the 7th respondent, in pursuance
of Exhibit P4, issued a circular dated 26.12.2020, wherein it is stipulated
that any person who wishes to travel to the islands, after obtaining a ship
ticket, can travel to Lakshadweep, after obtaining a negative test report of
RTPCR.
5. Petitioner has further stated that Lakshadweep is one of the most
backward areas, with inadequate medical facilities compared to any part of
India. According to the petitioner, there are only 2 ventilators available in
Lakshadweep and the availability of oxygen cylinders are bare minimum.
In the unfortunate event of a COVlD-l9 death, there are no burial grounds
available in Lakshadweep, in accordance with the COVID-l9 burial
protocol. Moreover, since Lakshadweep is thickly populated and has a
high water table, the chances of infection in case of a burial is high. There
are no facilities available in Lakshadweep for the disposal of medical
waste, in the event of widespread use of PPE kits and other attendant
medical equipment.
6. Petitioner has further stated that though the population of
Lakshadweep is around 70000, there is not even a single full-fledged ICU
available in Lakshadweep apart from the lack of a blood bank . Except for
primary treatment, all other patients who develop major complications are
evacuated to Kochi by helicopter. Even for normal evacuation of patients,
helicopters are not readily available for one reason or the other and in the
event of frequent evacuation of COVlD-19 patients by helicopter, frequent
sanitation may not be possible and there is a limit for evacuating patients
by helicopter.
7. Petitioner has further stated that the elected bodies in
Lakshadweep comprise of 10 Village (Dweep) Panchayats and the
Lakshadweep District Panchayat. Having regard to the imminent danger in
reopening Lakshadweep to persons coming from the mainland, without a
mandatory quarantine and the veritable concerns raised by the general
public, the aforesaid elected representatives, in union, submitted Exhibits
P7 to P7(n) resolutions and representations before various authorities
seeking for modification of the new SOP, which takes away the stipulation
of the mandatory quarantine before entering Lakshadweep. Petitioner has
contended that the persons, who are proceeding to Lakshadweep, after
undergoing a test of RTPCR, are roaming freely around Kochi and Calicut,
for purposes including but not restricted to purchase of essential
commodities, vegetables, and are interacting with the general public.
Therefore, there is a high chance of contracting the disease, after
undergoing the aforesaid test.
8. Petitioner has further stated that Exhibit P4 SOP does not take
into account the chances of a person travelling to Lakshadweep being
infected during the intervening period after the test has been undergone.
The lifting of mandatory quarantine period, both in the mainland and the
islands, without taking into consideration the limited medical facilities in
Lakshadweep has caused grave apprehension among the general public
and consequently, demonstrations and dharnas, as evident from Exhibits-
P8 and P9 photographs have been carried out by general public all over
the Union Territory, in order to rescind Exhibit-P4 SOP dated 22.12.2020.
9. However, rather than holding deliberations with the elected
representatives and other stakeholders, the Lakshadweep Administration
has taken coercive action against such protesters and around 35 persons,
including 8 women and elected representatives, have been languishing in
the jail for the past 2 weeks. The Administration has charged serious
offences against peaceful protesters to ensure that they are remanded
and to prevent persons who are having dissenting opinions from airing or
voicing their genuine concerns. According to the petitioner, the action on
the part of the respondents in issuing Exhibit P4, without any consultation
with the elected representatives and stakeholders, and without any regard
to the genuine concerns of the public has visited the petitioner and
thousands of similarly situated people, with adverse civil consequences
and the same is violative of Article 21 of the Constitution of India. Hence,
the writ petition.
10. On the above pleadings, petitioner has raised the following
grounds:
A. In pursuance of the powers conferred on the 2 nd respondent,
the Administrator of Lakshadweep Administration, under Section
44 of the Lakshadweep Panchayats Regulation, 1994, read with
Section 46 of the said Regulation, the provisions contained in
Constitution (73rdAmendment), and the Executive Orders issued
by the Administrator, the schemes and programmes being
implemented by the Departments of Agriculture, Animal
husbandry, Education, Fisheries, Health and Sanitation along
with all the plan schemes and non-plan conference were
transferred to the District Panchayat and the Village (Dweep)
Panchayats. Further, the Administrator, in exercise of powers
conferred under Sections 39, 40 and 41 of the Lakshadweep
Panchayats Regulation, 1994, transferred the entire
establishments of Agriculture, Animal Husbandry, Fisheries,
Education and Medical to the District Panchayat of Lakshadweep.
A true copy of the notification dated 07/03/2012 issued by the
Secretary (Panchayats) vide F.No.2/1/2012-DOP (Exhibit P10).
Exhibit P10 is an exercise, in conformity with Section 44 of the
Lakshadweep Panchayats Regulation, 1994, read along with
Section 46 of the said Regulation and the provisions contained in
Constitution (73rd Amendment). The matters enumerated under
11th schedule of Article 243G has been included in the 4 th
schedule under sub section (2) of Section 44 read with Section
46 of the Lakshadweep Panchayats Regulation, 2012, as a
verbatim copy. The matters enumerated under the aforesaid
schedules, which were under the control of Lakshadweep
Administration, were transferred to the District Panchayat and the
Village (Dweep) Panchayat and the said exercise is in pursuance
of the letter and spirit and the mandate contained in the 73 rd
Amendment of the Constitution and Section 44 read with Section
46 of the Lakshadweep Panchayats Regulation. Therefore, the
respondents ought not to have issued orders transgressing into
the powers vested upon the Lakshadweep District Panchayat,
pertaining to health and sanitation or in the alternative, ought to
have consulted the Lakshadweep District Panchayat before
issuing any orders pertaining to health and sanitation of
Lakshadweep.
B. The powers vested under the Disaster Management Act
operate in a different sphere and the same cannot transgress into
the powers pertaining to health and sanitation vested upon the
District Panchayat of Lakshadweep, conferred under the
Constitution of India and the Lakshadweep Panchayats
Regulation. Therefore, the respondents ought to have considered
the genuine concerns raised by the general public and the
elected representatives and ought to have allayed their
apprehensions.
C. The respondents ought to have considered that Lakshadweep
is one of the most backward areas, with inadequate medical
facilities compared to any pal of India; that there are only 2
ventilators available in Lakshadweep and the availability of
oxygen cylinders are bare minimum; that in the unfortunate event
of a COVID-19 death, there are no burial grounds available in
Lakshadweep in accordance with the COVID-19 burial protocol;
that since Lakshadweep is thickly populated and having a high
water table, the chances of infection in case of a burial is high;
that there are no facilities available in Lakshadweep for the
disposal of medical waste in the event of a widespread use of
PPE kits and other attending medical equipment; that for the
entire population of around 70,000 in Lakshadweep, there was
not even a single full-fledged ICU available in Lakshadweep and
there is not even a blood bank that is existing in Lakshadweep;
that except for primary treatment, all other patients who develop
major complications are evacuated to Kochi by helicopter; that
even for normal evacuation of patients, helicopters are not readily
available for one reason or the other and in the event of the
evacuation of a COVID-19 patient by helicopter, frequent
sanitation is not possible.
D. A new variant of SARS-CoV 2 virus [Variant Under
Investigation (VIJI)-20212/011 was reported by the Government
of United Kingdom (UK) to the World Health Organization (WHO).
This variant is estimated by European Center for Disease Control
(ECDC) to be more transmissible and affecting the younger
population. This variant is defined by a set of 17 changes or
mutations. One of the most significant is an N501Y mutation in
the spike protein that the virus uses to bind to the human ACE2
receptor. Changes in this part of the spike protein may result in
the virus becoming more infectious and spreading more easily
between people. Therefore, the ex abundanti cautela that was in
existence earlier by way of quarantine ought to be re-imposed.
E. A policy matter by the Government which infringes upon the
fundamental right of a citizen is liable to be quashed and
therefore, as a necessary corollary, the relevant part of Exhibit P4
SOP is liable to be quashed.
11. Learned Senior Central Government Standing Counsel for
Lakshadweep Administration, has filed a detailed statement on behalf of
the respondents in support of the proceedings impugned in the writ
petition, controverting the allegations of the writ petitioner.
12. It is contended that the petitioner has no case that the SOP is
contrary to any provisions of the relevant laws and the decision to revise
the SOP is purely a matter of policy taken with due regard to all the
relevant considerations and it is well within the authority of the
Administration under the relevant provisions. It is further contended that
the said revised SOP is not illegal, improper or arbitrary, and therefore, no
interference is warranted. The Public Interest Litigation is an abuse of
process of the Court.
13. That apart, it is contended that Lakshadweep Administration has
been diligently taking all the required measures to keep the people of the
islands safe from the very beginning of the outbreak of COVID-19 in the
country. The Administration issued "The Lakshadweep Epidemic Disease,
COVID-19 Regulations, 2020, and an order dated 22.03.2020, suspending
sail of all the passenger ships and high speed crafts sailing to and from
the islands and mainland. The movement from the mainland to the islands,
as well as from the islands to the mainland were thus totally suspended
from 22.03.2020 onwards and prohibitory order under Section 144 of the
Code of Criminal Procedure was also issued on 22.03.2020. Thereafter,
detailed orders were issued for managing the situation on 25.03.2020
under the provisions of the Disaster Management Act, 2005.
14. It was further contended that during the lockdown period
imposed by the Ministry of Home Affairs, no movement other than for the
supply of essential commodities and medical emergencies were permitted
by the Administration. Later, the Government of India modified the SOP
initially issued and started the process of graded reopening and
progressive resumption of activities. In the instructions issued on
29.06.2020, the Ministry of Home Affairs insisted that there shall not be
any restrictions in interstate and intrastate movements of people and
goods. In a phased manner, the restrictions were relaxed by the Central
Government, as well as the State Governments. The relaxations were
indispensable for resumption of economic and other essential activities.
15. It is further stated that no other State or Union Territory had
been following such a stringent quarantine protocol after the
commencement of graded reopening process. The Lakshadweep
Administration had been providing free institutional quarantine at
Ernakulam for 383 (approximate) numbers at a time, totally free of cost.
Apart from that the Lakshadweep Administration is bearing the cost of
RTPCR test also, which was insisted before travelling to the islands. The
Administration has made all preparations for managing the situation and to
provide sufficient health care in case the people of the islands get affected
by COVID-19. The Department of Medical and Health Services have
already deployed doctors in all the islands to provide COVID cases and
sufficient numbers of doctors are available in the island. In addition to
that, 25 doctors in the Ayush sector are also available under the
Administration and the Government of India has permitted Ayush doctors
also to treat the COVID-19 patients with mild symptoms and also to
administer medicines for enhancing the immunity. The preparations made
by the Department of Medical and Health Services, as well as other
departments were detailed in the said statement.
16. It is further stated that after issuance of Exhibit-P4 SOP, a joint
meeting of Lakshadweep Disaster Management Authority and the heads
of all the departments was held on 23.12.2020 at Kavaratti, wherein a
detailed plan for implementation of revised SOP was deliberated and
formulated. The District Panchayat President attended the meeting and
agreed with the said plan. Instructions have been given to all the
concerned departments regarding the actions to be taken by each
department. For proper coordination and monitoring of COVID related
activities, two civil service officers, who are medical graduates, have been
assigned for five islands each. In order to ensure enforcement of COVID
protocol, the police personnel of Lakshadweep have been conferred with
powers under Regulation 17 of the Lakshadweep Epidemic Diseases,
COVID-19 Regulations, 2020 for imposing fines and to collect penalty from
any person violating the regulations and this was done by notification
dated 27.12.2020. Thus, the Administration has taken all the practical
steps to control the spread of COVID-19 infections in the island, after
revision of the SOP.
17. Finally, it is stated that the apprehension of the petitioner
expressed in the writ petition are exaggerated and unrealistic. The
petitioner has not made any efforts to know the steps already taken by the
Administration and the facilities made available for COVID management.
Through the writ petition, he was trying to impose his personal perceptions
upon the Administration, thus seeking intervention in a policy matter,
which is well within the requirements of law. Therefore, it is submitted that
there is no merit in the contentions of the petitioner and prayed for
dismissal of the writ petition.
18. Heard the learned counsel for the respective parties and
perused the material available on record.
19. Exhibit-P1 SOP modification for domestic returnees, foreign
returnees and COVID-19 positive persons, dated 01.10.2020 issued by
the 3rd respondent, the Collector and Chairman, Disaster Management
Authority, Lakshadweep Administration, respondent No.3, reads thus:
"F. No. E/21/7/2020-Co.(Vol.I) Dated: 01.10.2020
SOP MODIFICATION FOR DOMESTIC RETURNEES,
FOREIGN RETURNEES AND COVID-19 POSITIVE
PERSONS
Lakshadweep Administration had issued SOP for
movement of people from mainland to Lakshadweep and vice
versa vide F. No E/21/7/2020-CoL dated 18.05.2020 followed
by Addendum dated 09.07.2020 and 20.07.2020 for
management of COVID-19 Pandemics.
In view of more people getting tested positive for COVID-
19 and increased spread of corona in India including Kerala,
the following SOP is issued in modification of SOPs dated
18.05.2020, 09.07.2020 and in supersession of SOP dated.
20.07.2020, with a view to keep the islands corona free.
The paras B (x) & (xi) of the SOP dated 18.05.2020 are
replaced with the following:
"X. All the persons who wish to return to Lakshadweep
from Kerala or any other States/UTs/Countries had to undergo
14 days mandatory home quarantine after their arrival in
islands, post COVID-19 negative test at Kochi. Now the 14
days home quarantine in Islands has been reduced to 7 days
along with household members immediately on arrival at
Lakshadweep"
The following clauses are added as Para B (xiii) of SOP
dated 18.05.2020.
In case if a person is tested COVID-19 Positive at Kochi,
the following procedure shall be followed.
1. The person tested COVID-19 Positive has to be shifted
immediately to COVID-19 treatment Centers in Kerala, in
consultation with the District Nodal Officer (COVID-19), if
he/she is having symptoms.
2. The COVID-19 Positive asymptotic persons, shall be
immediately shifted to Dedicated COVID-19 Isolation Facility at
Kochi notified by Lakshadweep Administration.
3. As soon as a COVID-19 Positive asymptotic persons
develop symptoms, he/she should be immediately shifted to
COVID19 treatment Centers in Kerala, in consultation with the
District Nodal Officer (COVID-19).
4. COVID-19 Positive asymptomatic persons notified isolation
facility, should be retested for ten days for confirmation of RT-
PCR and if found negative, they shall be allowed to travel to
Lakshadweep. In case, the RT-PCR result is positive, the
person shall continue in isolation for 7 more days, and shall be
re-tested for COVID-19 RT-PCR at the end of 7 days. The
person shall continue to stay in the Designated COVID-19
Isolation Facility until he/she tests Negative COVID-19 RT-
PCR.
5. The primary contact of COVID-19 positive persons, shall be
isolated in the same institutional quarantine centre and shall be
tested after days, and if found negative, they shall be allowed
travel Lakshadweep.
6. The primary contacts, the persons to be shifted to isolation
centre & persons to be admitted in Kerala Medical facilities
shall be decided by a committee of the following officers;
a. Administrative Officer, Kochi - Chairman
b. Medical Officer In-charge - Member
c. Officer in charge Police (Special Branch) - Member
7. Once person is tested positive, the quarantine facility will be
disinfected by Medical Department as per the guidelines of
Ministry of Health and Family Welfare, Govt of India.
8. The Administrative Officer, Kochi shall segregate persons
returning to Lakshadweep as (1) People who have gone from
Lakshadweep to Kerala including patients and escorts (2)
Foreign Returnees and (3) Other while providing quarantine
facilities.
9. The Medical Officer In Charge posted at Kochi shall be
responsible for management of all COVID 19 Positive persons
and he must ensure that all the prescribed procedure are
complied with.
Other conditions in the above SOPs shall remain same.
Vijendra Singh Rawat IAS
Collector & Chairman
To
All concerned"
20. Exhibit-P2 Standard Operating Protocol modification for
Domestic Returnees and Foreign Returnees dated 04.11.2020 issued by
the 3rd respondent reads thus:
"F. No. E/21/7/2020-CoL(PART) Dated: 04.11.2020
SOP MODIFICATION FOR DOMESTIC RETURNEES AND
FOREIGN RETURNEES
The Lakshadweep Administration had issued an SOP for
the movement of people from mainland and vice versa, vide F.
No. E/21/7/2020-CoL dated 18.05.2020, 09.07.2020 and
01.10.2020 respectively for the of COVID-19 Pandemic and
Lakshadweep as COVID-19 free. Considering the prevailing
situation arising out of COVID-19 pandemic in country
especially the neighborhood of Lakshadweep and also keeping
in view of re-opening or more activities in country, the following
modification is made according to the right reserved in SOP,
vide para B(xii) dated 18.05.2020.
As per the SOP dated 01.10.2020, all the persons who
wish to return to Lakshadweep from Kerala or any other
States/UTs/ Countries has to undergo 14 days mandatory
institutional quarantine at Kochi. Now, it has been decided to
reduce the mandatory institutional quarantine Kochi to 10 days
instead of 14 days and after 7 days of quarantine, the person
may be allowed to undergo COVID-19 test and if the result is
found to be negative, the person shall allowed to move to
Lakshadweep on the completion of 10 days institutional
quarantine period. All the other conditions as mandated by the
prevailing SOP shall remain in place.
This will come into effect from the date of notification of
this modified SOP.
S. Asker Ali, IAS
Collector and Chairman, DDMA
To
The Administrative Officer, Lakshadweep Office, Kochi
for necessary action."
21. Exhibit-P3 is the circular dated 23.11.2020 issued by the 3 rd
respondent and the same reads thus:
"F. No.E/21/12/2020-CoL. Dated: 23.11.2020
CIRCULAR
In view of the prevailing situation arising out of CVOID-
19 Pandemic and the re-opening of more activities in the
country, the Lakshadweep Disaster Management Authority has
developed an online portal for facilitating the COVID-19
Quarantine Management with the support of NIC. All the
persons who desire to travel to Lakshadweep from mainland
have to get mandatorily registered in the online portal
www.lghms.utl.gov.in/lgms for availing quarantine facility at
Kochi. The link can be accessed from www.lakshadweep.gov.in
site also.
This is issued with the approval of the Competent
Authority.
S. Asker Ali, IAS
Collector and Chairman, DDMA
To
All Concerned."
22. Exhibit-P4 is the Standard Operating Procedure dated
22.12.2020 issued by the 3rd respondent and the same reads thus:
"F.No-E/21/7/2020-CoL Dated : 22.12.2020
Standard Operating Procedure
The Lakshadweep Administration has achieved
tremendous success in prevention of COVID 19 Pandemic in
the islands through strict lockdown, quarantine, testing and
surveillance measures for the entire period. Owing to the
efforts taken by the Administration, the Islands have
successfully sustained COVID 19 free status ever since the
lockdown.
The Administration now intends to open up more economic
and livelihood activities for the local population by relaxing the
prevailing SOP and permit the movement of men and material
into its territory, for which, it is of utmost importance that a
revised Standard Operating Procedures for surveillance,
containment and caution are put in place with strict
enforcement so that the islands can sustain a COVID 19 free
status in the future as well.
With a view to consolidate the substantial gains that have
been achieved against the spread of COVID-19, the
Administration aims to maintain caution and strictly follow the
prescribed containment strategy, focused on surveillance,
containment and strict observance of the guidelines. The
essence behind graded re-opening and progressive
resumption of activities is to move ahead, exercising due care.
Every citizen must adopt COVID-19 appropriate behavior, so
as to ensure that the resumption of activities is successful and
gains made in the management of the pandemic are not
negated.
The following guidelines are issued to be effective from 28 th
December 2020.
(A) COVID Appropriate Behavior:
1. Strict enforcement of wearing of face masks, hand
hygiene and social distancing must be ensured. The
District/Local Administration shall ensure all necessary
measures are taken to promote COVID-19 appropriate
behavior.
2. Wearing of face masks is an essential preventive
measure, in order to enforce this core requirement 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.
3. Observance of social distancing in crowded places,
especially in markets, weekly bazaars and public
transport, is also critical for containing the spread of the
infection. SOPs in this regard issued by the MOHFW
shall be followed strictly_.
4. The UT directives for COVID-19 Management, as
specified in Annexure I shall be strictly followed
throughout the territory.
(B) Surveillance and Containment:
The Local and District Administration shall ensure strict
enforcement of all SOPs and Covid Appropriate Behavior to
sustain the COVID 19 free status in the UT. However, in all
untoward incidence of any COVID case detected, the following
surveillance and containment measures shall be undertaken:
1. Effective demarcation of Containment Zones, in vulnerable
and high incidence areas, is key to breaking the chain of
transmission and controlling the spread of the virus.
Containment Zones shall be carefully demarcated by the
district authorities, at the micro level, taking into consideration
the guidelines prescribed by the Ministry of Health and Family
Welfare (MoHFW) in this regard. The list of Containment
Zones will be notified on the websites by the District Collector
and by the Department of Health and Family Welfare. This list
shall also be shared with MoHFW.
2. Within the demarcated Containment Zones, containment
measures. as prescribed by MoHFW, shall be scrupulously
followed, as under:
(i) Only essential activities shall be allowed in the
Containment Zones.
(ii) There shall be strict perimeter control to ensure that
there is no movement of people in or out of these zones,
except for medical emergencies and for maintaining
supply of essential goods and services.
(iii) In the Islands, the District and Local Administration shall
ensure complete and intensive house-to-house
surveillance by surveillance teams formed for the
purpose.
(iv) Testing shall be carried out as per the prescribed
protocol by the local Health dept.
(v) Listing of contacts shall be carried out in respect of all
persons found positive, along with their tracking,
identification, quarantine and follow up of contacts for 14
days (80% of contacts to be traced in 72 hours).
(vi) Quick isolation of COVID-19 patients shall be ensured in
treatment facilities/ home (subject to fulfilling the home
isolation guidelines).
(vii) Clinical interventions. as prescribed, shall be
administered.
(viii) Surveillance for ILI/ SARI cases shall be carried out in
health facilities or outreach mobile units or through fever
clinics in buffer zones.
(ix) Awareness shall be created in communities on COVID-
19 appropriate behavior.
(C). It shall be the responsibility of the District, Police and
Local authorities to ensure that the prescribed containment
measures are strictly followed. The District Administration shall
ensure accountability of the officers concerned in this regard.
(D) AR activities have been permitted outside Containment
Zones, except for the following, which have been permitted
with certain restrictions:
(I) International air travel of passengers, as permitted by
MHA.
(ii) Social / Academic / Sports /Entertainment / Cultural /
Religious / Political functions and other congregations
including marriage related gatherings and funeral/last
rites related gatherings are permitted with a maximum
limit of 200 persons outside containment zones, subject
to the following conditions:
(a) In closed spaces. a maximum of 50% of the Hall
capacity will be allowed, with a ceiling of 200 persons.
Wearing of face masks, maintaining social distancing,
provision for thermal scanning and use of hand wash or
sanitizer will be mandatory.
(b) In open spaces, such gatherings are allowed keeping
the size of the ground/space in view, however, subject
to a maximum of 200 persons only and with strict
observance of social distancing, mandatory wearing of
face masks, provisions for thermal scanning and hand
wash or sanitizer.
(iii) All shops selling Paan/Gutkha and tobacco products
are prohibited.
(iv) Schools/ Higher Education Institutions/ Coaching
/Training Institutions shall follow all COVID-19
precautionary measures. SOPs to be issued shall be
followed scrupulously.
SOPs that have been prescribed for various activities by
the UT Administration from time to time shall be strictly
enforced by the District/Local Administration.
(E) Movement of Persons and Vessels/Vehicles carrying
Goods into the Islands:
The movement of persons and goods from/to the Islands
shall be as per the SOPs issued by the Administration;
1. All persons who wish to come to Lakshadweep shall
carry a negative test report of RT-PCR obtained 48
hours before the travel and submit the same to the
District Administration through an online portal (as to be
provided by DDMA) for approval. This also applies to
the crews of Mechanized Sailing Vessels (Manjus) &
Fish Collection Boats that are visiting the islands.
2. Only in case of medical emergencies, the travelers shall
submit the test reports within 24 hours to the District
Administration for travel to the Islands.
3. After reaching the islands, they should follow Covid
appropriate behavior and other precautionary measures
as prescribed by the Health Dept. from time to time.
4. In case anyone develops COVID-19 related symptoms
in the islands, mandatory TrueNAT testing must be
carried out by the local health department. Periodic
random testing of vulnerable and super spreaders
categories shall also to be carried out from time to time
by the health department.
5. The individuals shall be responsible to ensure the
genuinity of the reports to be submitted to the
administration. Any violation in this regard shall attract
action as per legal provisions of Epidemic Diseases Act,
1897 and guidelines issued under the Act, against the
individuals violating the same.
6. All the vehicles/vessels carrying commodities &
passengers into the islands shall be thoroughly
disinfected as per the disinfection protocol as issued by
the Health Dept., UTLA.
(F) Protection of vulnerable persons
Persons above 65 years of age persons with co-
morbidities, pregnant women, and children below the age of
10 years are advised to stay at home, except for essential and
health purposes.
(G) Use of Aarogya Setu
1. Aarogya Setu enables early identification of potential risk
of infection, and thus acts as a shield for individuals and
the community.
2. With a view to ensuring safety in offices and work
places, employers on best effort basis should ensure that
Aarogya Setu is installed by all employees having
compatible mobile phones.
3. The individuals may be advised to install the Aarogya
Setu application on compatible mobile phones and
regularly update their health status on the app. This will
facilitate timely provision &medical attention to those
individuals who are at risk.
(H) Strict enforcement of the guidelines
1. These guidelines issued under the Disaster
Management Act, 2005 shall not be diluted in any
manner.
2. For the enforcement of social distancing, as far as
possible, the provisions of Section 144 of the Criminal
Procedure Code (CrPC) of 1973 may be used.
(I) Penal provisions
Any person violating these measures is liable to be
proceeded against as per the provisions of Section 51 to 60 of
the Disaster Management Act, 2005, besides legal
action under Section 188 of the IPC, and other legal provisions
as applicable. Extracts of these penal provisions are at
Annexure II.
Sd/-
Collector & Chairman DDMA"
23. Exhibit-P5 is the circular dated 26.12.2020 issued by the 7 th
respondent, the Assistant Director (Disaster Management), Disaster
Management Authority, Lakshadweep, and the same is reproduced
hereunder:
"F. No.E/21/7/2020-Col. Dated. 26.12.2020
CIRCULAR
To facilitate the movement persons from mainland to
various islands of Lakshadweep as per the revised SOP
(Standard COVID protocol), anyone who wishes to travel to
the islands shall undergo the following procedure:
i. At first each one must obtain ship ticket through online
booking or Over the Counter process.
ii. After confirmation of ship tickets, one must go for RT-PCR
testing from an ICMR approved lab or from the facility as
provided by the UTLA at Kochi.
iii. With negative COVID test report, one can report for
boarding the ships and at the entry gate, the RT-PCR negative
test report will be checked by the surveillance team that is in
place and it will be monitored by AO Kochi.
iv. Without RT-PCR negative test report from the ICMR
approved lab, no one will be allowed to board the ships.
This will come into force with effect from 28 th December,
2020 and all are directed t follow COVID appropriate
behaviour as specified in the SOP.
This is issued with the approval of the Chairman, DDMA,
Lakshadweep.
Sd/-
(Rafeek T.K.)
(Assistant Director (Disaster Management)"
24. Exhibit-P6 is the communication issued by the Port Officer,
Kozhikode to the Port Conservator, Mangalore, requesting to issue port
clearance to MSVs bound for Lakshadweep and same is extracted
hereunder:
"To
1. The Port Officer
Office of the Port Officer,
Kozhikode, Beypore-673015.
2. The Port Conservator
Old Mangalore Port
Bandhar Mangalore-575001.
Subject: Lakshadweep - Implementation of revised SOP for
movement of men and materials to Lakshadweep - Regarding
Sir,
The Lakshadweep Administration has achieved success in
preventing the spread of COVID-19 in this island territory
through strict lockdown, quarantine, testing and surveillance
measures, for the entire period since the outbreak of the
pandemic and as such the territory has remained as a green
zone. The Administration of Lakshadweep would like to
appreciate the support extended by your good organisation in
this regard.
Now the administration intends to open up more economic
and livelihood activities in the islands and accordingly the
DDMA, Lakshadweep has issued a revised SOP effective from
28th December, 2020, which would be applicable to crew of
MSVs (Manjus) as well. A copy of the SOP dated 22.12.2020
is enclosed.
The entry of MSVs to Lakshadweep shall be subject to
compliance of revised SOP issued by DDMA Lakshadweep.
Therefore, it is required that issuing Port clearance to
MSVs bound for Lakshadweep, it may please be ensured that
the MSVs and their crew are following the SOP strictly. The
SOP may please be widely circulated and it may be
communicated to the MSV Masters as well as other related
people that the entry to UT of Lakshadweep would be denied
to the MSVs not following the SOP issued by the
Administration/DDMA, UT of Lakshadweep.
Yours faithfully,
Sachin Sharma, IPS,
Director Port Shipping and Aviation"
25. Exhibit-P7 is the letter dated 24.12.2020 issued by the
President-cum-Chief Counsellor of Lakshadweep District Panchayat to the
Collector & Chairman of DDMA, respondent No.3 and the same is
extracted hereunder:
"F. No.15/03/2018-PCC (DP) Dated: 24/12/2020
To
The Colector & Chairman DDMA
UT of Lakshadweep
Kavaratti.
Sub:- Open up the entry to Lakshadweep without following
quarantine and Covid-19 Protocol-Regarding.
Sir,
With due respect, I submit that the Lakshadweep
Administration has taken all possible steps to contain the entry
of Covid-19 to Lakshadweep up to this movement and as such
the entire Lakshadweep was very happy with the
Administration.
It is unfortunate that the Administration has relaxed he
quarantine period at Mainland and all people who wish to
come to Lakshadweep shall carry a negative test report of RT-
PCR obtained 48 hours before the travel. This may not be a
good approach to contain the spread of Covid-19 in these tiny
islands which do not have much health care facility. So it
would be better after the RT-PCR test the person has to be in
quarantine at least for 5 days in Mainland and 3 days in
Lakshadweep. Considering our geographical isolation from
the mainland, the entry to the Lakshadweep from the
Containment zone has to be restricted in a better way and the
administration should have a good mechanism to resist the
pandemic Covid-19.
Therefore, it is requested to kindly revise the SoP issued
vide F. No. E/21/7/2020-Col dated 22/12/2020 and restore the
earlier SoP system with minimizing the quarantine period at
Mainland and Lakshadweep.
Yours faithfully,
(B. HASSAN)
PRESIDENT CUM CHIEF COUNSELLOR"
26. Exhibits-P7(a) to P7(c) are letters dated 26.12.2020 sent by the
President-cum-Chief Counsellor of Lakshadweep District Panchayat to the
Administration of Union Territory of Lakshadweep. One of such letters is
extracted hereunder:
"F.No.15 /03/2018 --PCC(DP) Dated: 26/12/2020
To
Shri Praful K PateIji
Hon'ble Administrator
U.T of Lakshadweep
Sub: Relaxation of COVID guideline and SOP for movement of
men and materials - Opening up more activities with relax of
SOP- Regarding.
Ref: F. No. E/21/7/2020-Col. dated 22/12/2020 of the
Chairman District Disaster Management Authority
Lakshadweep
Sir,
With profound respect, I request your personal bestowal to
the fact that the Lakshadweep Administration has taken all the
possible steps to contain the entry of Covid-19 to
Lakshadweep up to this movement and as such the entire
Lakshadweep is very happy with Administration. We enjoy the
remarkable achievement of the only COVID free territory in
India. 1. on behalf of, the entire population of Lakshadweep
would like to express our gratitude to the Government of India
in general and Ministry of Home Affairs in particular for guiding
us in achieving this land mark success.
It is very unfortunate to submit that the Administration has
revised the SOP on 22/12/2020 (Copy enclosed for ready
reference) lifting all precautionary restriction which was in
place such as 10 days mandatory quarantine at Kochi - our
entry point. As per the revised SOP. anyone with COVID 19
negative RT-PCR test result can travel to Lakshadweep
without any quarantine. In this regard I would like to request
your attention to the following factual concerns of the people of
Lakshadweep.
1. The medical facility at Lakshadweep is not up to the
expected level to tackle even a mild COVID +ve case
2. There are no specialized medical professionals such as
Pulmonologist, Cardiologist etc. in Lakshadweep to provide
COVID care.
3. Even though. Govt. of India has provided some ventilators,
we don't have qualified hands to provide ventilator support to
needy patients.
4. Even though the medical 'facility is insufficient to take risk.
there is no mean to evacuate a critical COVID +ve case to
Mainland for specialised treatment. To my understanding, the
Port Department under UTLA has not put in place any
mechanism to address this issue.
5. As we remain COVID free the rife in Lakshadweep is
normal and our educational institutions are functioning
properly as on date. We fear that even a single case of COVID
at an island will put it under containment zone disturbing
normal peaceful' life of the Islanders.
The Lakshadweep Administration has taken measures till
now to keep the islands COVID free taking into consideration
of the above limitations. We the people of Lakshadweep is in
dark and confused on what motivation Administration has
blindfoldedly, without any consultation with people
representatives or stake holders, relaxed all restrictions
without addressing above limitations. The mood of the people
is very insecure and we have no clue how to protect
ourselves. Even if Administration want to open up more
economic activity they can do it with specific SOP as done in
the case of operation of fish collection boats from Mainland to
Islands and vice versa.
Under the above circumstance, we are left with no option
but to approach your esteemed self for an early intervention
and suitable direction may please be issued to UTL
Administration to withdraw or kept in abeyance the SOP
issued on 22/12/2020 with a larger interest of safe guarding
the life of the people. We, the people of Union Territory of
Lakshadweep shall ever remain grateful to you sir for your
judicious intervention which will protect us from the Pandemic.
Yours faithfully,
Sd/-
(B. HASSAN)
PRESIDENT CUM CHIEF COUNSELLOR"
27. Exhibit-P7(d) is the press release dated 26.12.2020 issued by
the President-cum-Chief Counsellor of Lakshadweep District Panchayat,
wherein it was stated that the Lakshadweep Administration has taken all
the possible steps to contain the spreading of COVID-19 to Lakshadweep
up to this movement and as such the entire Lakshadweep was very happy
with the Administration. It is further stated that it has enjoyed the
remarkable achievement of the only COVID free territory in India and the
entire population of Lakshadweep would like to express the gratitude to
the Government of India in general and Ministry of Home affairs in
particular for guiding the administration in achieving the landmark success.
Hence, the President-cum Chief Counsellor has approached the Hon'ble
Prime Minister of India and the Hon'ble Administrator UT of Lakshadweep
for immediate withdrawal of the revised SOP.
28. Exhibit-P7(e) is the resolution dated 23.12.2020 passed by the
Village (Dweep) Panchayat, Agathi, wherein it was stated thus:
"The Village (Dweep) Panchayat, Agatti has
convened a meeting on 23.12.2020 and the latest order
issued on the Sop vide Order F.No.E/21/7/2020-Col
dated 22.12.2020 was discussed in detail.
The Panchayat agreed the fact that economic
activities will have to be carried along with the precaution
on prevention of Covid-19. However, it is to be noted that
the UT of Lakshadweep is probably the only place all
over the world which has remained a Covid free area so
far. This is because of the effective steps initiated and
continued by the Administration. The strained SoP for
quarantine at mainland and the islands is the most
effective means which helped us to remain covid free.
The Panchayat also agreed that the Lakshadweep
Administration is bearing and inquiring a huge amount
towards the institutional quarantine continuation of which
is economically not viable. Nonetheless the UT
Administration and the people in general must
understand the lakh of medical facilities and the
constraints that we have in meeting a pandemic.
Therefore, the Panchayat is of the view and unanimously
resolved to the Administration that the quarantine at
Mainland is essential and must be continued. If the
Administration is facing huge financial liabilities , the
institutional quarantine may be limited only to the Medical
evacuates and students who inevitably have to appear for
the examination.
Considering the sensitivity of the matter and the
importance of retaining the Covid-19 free status we
request the Administration in general and the department
of disaster management re-visit the entire SoP and
review the order immediately and the issue fresh order
mandating quarantine at mainland and Island invariably."
29. Exhibits-P7(f) is the minutes dated 26.12.2020 of the combined
meeting of the elected representatives (DDP & VD), Androth, in which, the
resolution taken is extracted hereunder:
"Resolutions taken:
The Village (Dweep) Panchayat, Andrott has convened a
meeting on 26.12.2020 and the latest Order issued on the
SOP vide Order F.No. E/217/2020Col Dated 22.12.2020
was discussed in detail. The Panchayat agrees the fact that
the economic activities will have to be carried along with the
precaution on prevention of COVID free area so far. This is
because of the effective steps initiated and continued by the
Administration. The stringent SOP for quarantine at
mainland and the islands is the most effective means which
helped us to remain COVID free. The Panchayat also
agrees the Lakshadweep Administration is bearing and
incurring a huge amount towards the institutional quarantine
continuation of which is economically not viable.
Nonetheless, the UT administration and the people in
general must understand the lack of medical facilities and
the constraints that we have in meeting a pandemic.
Therefore, the Panchayat is of the view and unanimously
resolve to the Administration that the quarantine at mainland
is essential and must be continued. If the Administration is
facing huge financial liabilities, the institutional quarantine
may be limited only to the medical equities and students
who inevitably have to appear for the examinations.
Considering the sensitivity of the matter and the importance
of retaining the COVID 19 free status, we request the
Administration in General and the Department of Disaster
Management to revisit the entire new SOP and review the
order immediately and issue fresh Orders mandating
quarantine at mainland and islands in variably.
Chairperson"
30. Exhibit-P7(g) is the letter issued by the Chairperson of the
Village Panchayat, Bitra dated 04.01.2021, to the Hon'ble Administrator of
Union Territory of Lakshadweep stating that considering the gravity of the
issue, the entire people of Bitra Island expressed their strong protest in the
unfortunate arrest of Community leaders and request to immediate release
from police custody. Exhibit-P7(h) is the resolution passed by the Village
(Dweep) Panchayat, Chetland Island dated 24.12.2020, wherein it was
unanimously resolved to request the Administrator to consider for
maintaining minimum quarantine at mainland and in the islands for the
safety of a Green zone Lakshadweep. Exhibit-P7(i) is a letter dated
27.12.2020 sent to the Collector and Chairman DDMA, Kavaratti by the
Village Dweep Panchayat requesting to revise the SoP by adding both 7
days quarantine at mainland and at the islands. In Exhibit-P7(i) letter, a
suggestion was made to allow Manjus with strict restrictions and also to
hire extra cargo barges to provide sufficient materials to the island.
31. Exhibits-P7(j) to P7(n) are similar letters addressed to the
Medical Director, UT of Lakshadweep, Kavaratti, the Sub Divisional
Officer, UT of Lakshadweep, Kalpeni, the Hon'ble Administrator, UT of
Lakshadweep, Kavaratti and the District Collector & Disaster Management
Coordinator, UT of Lakshadweep, Kavaratti, by the Village Dweep
Panchayath of various islands in Lakshadweep, requesting to extend the
existing SOP till they receive the vaccination for safety of green zone in
Lakshadweep.
32. Exhibit-P10 is the Notification dated 7.3.2012 issued by the
Secretary (Panchayats), Administration of the Union Territory of
Lakshadweep, Kavaratti, vide F. No.2/21/2012-DOP and it read thus:
"F. No.2/1/2012-DOP
Administration of the
Union Territory of Lakshadweep
(Department of Panchayats)
Kavaratti
Dated 07.03.2012
Notification
Sub:- Department of Panchayats-U.T. Of Lakshadweep-
Devolution of Functions, functionaries and Funds to the
District Panchayat and Village (Dweep) Panchayats - orders
issued.
1 Article 243G of the Constitution (73 rd) Amendment Act,
1992 authorizes the state/U.T. Administration, bylaw, to
endow the Panchayat with such powers and authorities as
may be necessary to enable them to function as institutions
of local self- governance and such law may contain
provisions for the devolution of powers and responsibilities
upon Panchayats at the appropriate level subject to such
conditions as may be specifies there with respect to:
a) The preparation of plan for economic development and
Social Justice.
b) The implementation of schemes for economic
development and social Justice as may be entrusted to them
including those in relation to the matters listed in the
Eleventh Schedule.
2. The Lakshadweep Panchayats Regulation, 1994 (No. 4 of
1994) empowers the Administrator, U.T. of Lakshadweep to
transfer schemes and programmes to District Panchayat and
Village (Dweep) Panchayats under any of the subjects
incorporated in the IVth Schedule under Sub Section (2) of
Section 44 read with Section 46 of the Regulation in a
phased manner and subject to such rules notified under the
said regulation and such other conditions as he may think fit
to impose.
3. In addition to implementing its own schemes for economic
development social justice, and other programs which are
likely to promote the cultural well-being and education, the
Administrator. Lakshadweep is also empowered to transfer
schemes and programs under any of the subjects
incorporated in the 4th schedule under sub section (1) of
Section 44 16 the Panchayats from time to time, along with
funds, if any and such personnel as may be necessary in
such conditions as may be prescribed for its operation by the
Panchayats.
4. The Administrator of Union Territory of Lakshadweep in
exercise of the aforesaid powers has already transferred
schemes and programmes along with employees to the
District Panchayat and Village (Dweep) Panchayat as
enumerated in the Executive Orders 4/2/97-DOP (1) dated
17.7.1998 and F.No.7/4/2000-DOP&RD (2) dated 9-4-
2001and F.No.2/8/2006-DOP&RD (1) dated 28 th June, 2006
and F.No.2/14/2009-DOP (1) dated 29.12.2009.
5. The schemes and programmes transferred along with
functionaries and funds ave bean reviewed by the
Administration as to examine whether the devolved activities
have been transferred to the Panchayats in the right spirit of
the devolution and whether additional schemes and
programmes are to be transferred to the Panchayats Based
on this review, and in exercise of powers conferred on him
under Section 44 of the Lakshadweep Panchayats
Regulation, 1994, read along with Section 46 of the said
Regulation and the provisions contained in Constitution (73 rd
amendment) Act and in continuation to the executive orders
referred above in para A, the Administrator, Union Territory
of Lakshadweep, is pleased to transfer the schemes and
programs being implemented by the Departments of
Agriculture animal Husbandry, Education Fisheries Health
and Sanitation along with all the plan schemes and non plan
components to the District Panchayat and Village (Dweep)
Panchayats.
6. The entire Plan and Non Plan budget required for the
above schemes transferred shall be given as Grant in aid to
the District Panchayat and Village (Dweep) Panchayats from
the Directorates of concerned Departments for which
detailed instructions will be issued separately by Finance
Department. The Village (Dweep) Panchayats and District
Panchayat will function independently within their sphere of
delegation but in coordination for effective implementation of
the activities. All the grants released to the Panchayats shall
be spent strictly according to the Lakshadweep Panchayats
Regulation, 1994, Lakshadweep Panchayats (Finance &
Accounts) Rules, 1997 and GFR of Central Government The
Departments concerned will be issuing specific details
including schematic budget on which activities the funds
released shall be spent by the Panchayats The Panchayats
are not permitted to make any diversion and the grant shall
be used for the special purpose for which it has been
earmarked and allotted in the budget.
7. Orders in respect of authorities of reporting and reviewing
authorities of the ACRS of the staff also will be issued
separately.
8. The Directorate buildings are transferred to the District
Panchayat and all the unit buildings and other infrastructure
in which different units of these departments are presently
functioning are also transferred to the Village (Dweep)
Panchayats The Administrator, in exercise of powers
conferred under Sections 39, 40 and 41 of Lakshadweep
Panchayats Regulation, 1994 transfer the entire
establishments of Agriculture. Animal Husbandry, Fisheries,
Education and Medical except those listed in Annexure-l.
The Directorates along with their staff of these five
departments will function from separate buildings to be
identified by Secretary (Panchayats). The Ownership of all
such buildings transferred will continue to be with
Lakshadweep Administration.
9. Accordingly the posts now transferred to the District
Panchayat and Village Dweep) Panchayats will be under the
full control of the District Panchayat and Village (Dweep)
Panchayats in all respects except promotion and disciplinary
proceedings for major penalties. The District Panchayat will
have the powers to impose minor penalty and transfer and
posting of the staff from one island to another and within an
island. The employees transferred will continue to be govt.
servants and their service conditions and disciplinary
proceedings will be in accordance with CCS/CCA Rules. The
vacant posts will be filled up by the respective Directorates
as per the Recruitment Rules as and when it becomes
vacant by way of superannuation, resignation, promotion or
in any other manner.
10. All Centrally Sponsored schemes are also transferred to
the District Panchayat with all the assets and staff including
those engaged on contract basis in CSS and departmentally.
The tenure of contract staffs can be extended only with the
prior approval of the Directorates concerned based on
performance. These schemes will be implemented by the
District Panchayat in accordance with the guidelines of the
Central Government and decisions on policy matters taken
by the Administration of the Union Territory.
11. The procurement wings of the concerned departments at
Kochi are transferred to the District Panchayat to facilitate
the centralized procurement by the District Panchayat for
distribution to all instances based on the intent from VDPs.
12.
(I): Agriculture - All Agriculture Demonstration units through
which the programmes of Coconut Development, Organic
Farming Livelihood Support Services, Horticulture
Development, Integrated Pest Management, Maintenance of
Gardens, Govt. House are implemented had hitherto been
transferred to Village (Dweep) Panchayats in addition the
schemes which are implemented by VDPs under Grant in
Aid. However the procurement of all items, as mentioned in
para 11 will rest with the District Panchayat, in addition to
Insurance to climbers, Extension Services, Coastal
Plantations, Organic Certification. Except for the staff
mentioned in Annexure-I to be retained at the Directorate, all
other staffs are transferred to the Panchayats The programs
and Functionaries to be transferred to District Panchayat and
Village (Dweep) Panchayats are outlined in Annexure-II:
(II): Animal Husbandry - All kinds of purchases of feed,
fodder, vaccines medicines, equipments under Poultry
development Programme. Goat development Programme,
Cattle development Programme Veterinary Services,
Extension Activities under Training & Technical Assistance
Programme lie with the District Panchayat. The general
functioning & control, production and distribution of milk,
eggs, hatchery units at island level lie with the Village
(Dweep) Panchayats.
(III): Education - All schemes and programs of Primary,
Secondary, Higher Secondary ie. From 1 st to 12th Standard
of Education Sector and Technical Education are transferred
to District Panchayat. However, the pre-primary section
continues to function under Village (Dweep) Panchayats.
The Senior Administrative Officer, Department of Education
is re-designated as Joint Director (Administration and placed
under the District Panchayat. All the buildings and other
infrastructure in which these schools function except pre-
primary are transferred to the District Panchayat. The entire
establishment of teaching and non-teaching staff of
education sectors except those mentioned in Annexure-I are
also transferred to District Panchayat. The conduct of
Examination and sponsoring of candidates for higher studies
will be the responsibility of the Directorate of Education.
(IV): Fisheries - At present many schemes are already
transferred to Village(Dweep) Panchayats and District
Panchayat under devolution of functions and functionaries.
All such schemes continue to be dealt by the Panchayats at
Island level and District level. In continuation to this the
schemes and functionaries to be devolved at different level
are detailed Annexure-II. The Fisherman Training Centre,
Extension Fisheries Section, Kochi, Museum and Marine
Aquarium shall stand transferred to District Panchayat. The
senior most Assistant Director transferred to the District
Panchayat will act as the District Fisheries Officer along with
other staff. The Staff to be retained at the Directorate is
detailed in Annexure II.
(V): Medical and Health Services- All schemes of Health
and Sanitation including Hospitals, Primary Health Centres
Dispensaries, Family Welfare and Public Health actress are
transferred to the District Panchayat. Accordingly all the
Hospitals. Community Health Centres and Primary Health
Centres except Indira Gandhi Hospital, Kavaratti and Rajiv
Gandhi Specialty Hospital, Agatti along with all plan
schemes and non-plan components are transferred to the
District Panchayat. The entire establishment of Medical Para
Medical staff including the Chief Medical Officers except
those listed in Annexure-l are transferred to the District
Panchayat. The post of Public Health specialist is re-
designated as Joint Director (Health Services) and
transferred to district Panchayat.
13. The Services Department of the UTL Administration shall
issue a separate order transferring the ministerial and multi
skilled employees/temporary status labourers to the District
Panchayat, who will be placed at the disposal of District
Panchayat for postings in various units of the departments
and they will be posted and transferred by District Panchayat
to various units/islands as per the transfer policy of UTL
Administration. Once in 3 years, Services Department will
replace Ministerial Staff/Multi Skilled Employees, at the
disposal of District Panchayat for their postings/transfers.
14. The District Panchayat based on the demands from
VDPs will propose the civil construction works for the
devolved functions in consultation with the directorate
concerned and the construction will be executed by the
Public Works Department of other Government Agencies.
15. New contract posts or any other posts even casual
labourers cannot be created without the prior approval of the
Administrator by the District Panchayat or Village (Dweep)
Panchayats.
16. The Administrator, U.T of Lakshadweep will be reviewing
the transfer of the staff to the District Panchayat atleast once
in 4 years.
17. These orders shall come into force from 1 st April, 2012.
The issue with the approval of Administrator vide Dy. No.803
dated 07.03.2012.
(Dr. N. Vasantha Kumar)
Secretary (Panchayats)"
33. Guidelines for surveillance, containment and caution issued by
the Ministry of Home Affairs dated 25.11.2020 read thus:
"Guidelines for Surveillance, containment and Caution
[As per Ministry of Home Affairs (MH) Order No.40-3/2020-
DM-l(A) dated 25th November, 2020]
The country is at a critical juncture in its fight against
COVID-19. The number of active cases has declined steadily over
the last two months, from over 10 lakhs, on September 18, 2020, to
less than 4.5 lakhs now. However, over the last few weeks, the
number of new cases has been rising in some States and UTs. The
confluence of certain factors, viz., the recent festival season and
the onset of winter, and the laxity in observance of the COVID-19
guidelines issued by Ministry of Home Affairs (MHA) in certain
parts of the country pose the risk of the situation becoming
aggravated, thus putting a strain on the health infrastructure. In
some States and UTs, the spike observed in the number of new
cases has already led to re-imposition of restrictions such as Night
Curfew, limitations on number of persons in gatherings, restricted
timings of markets etc. In the above context, with a view to
consolidating the substantial gains that have been achieved
against the spread of COVID-19, and to fully overcome the
pandemic, the need of the hour is to maintain caution and strictly
follow' the prescribed containment strategy, focused on
surveillance, containment and strict observance of the guidelines.
Over the last few months, economic and other activities have been
opened up in a phased manner, with the stipulation that the
prescribed Standard Operating Procedures (SOPs) be scrupulously
followed. The essence behind graded re-opening and progressive
resumption of activities is to move ahead. However, there is a
concomitant need to exercise due care. Every citizen must adopt
COVID-19 appropriate behaviour, so as to ensure that the
resumption of activities is successful and gains made in the
management of the pandemic are not negated. The following
guidelines are issued to be effective from 1st December 2020.
COVID appropriate behavior
1. State/ UT Governments shall take all necessary measures to
promote COVID-19 appropriate behaviour. Strict enforcement
of wearing of face masks, hand hygiene and social distancing
must be ensured.
2. Wearing of face masks is an essential preventive measure.
In order to enforce this core requirement, States and UTs
may consider administrative actions, including imposition of
appropriate fines, on persons not wearing face masks in
public and work spaces.
3. Observance of social distancing in crowded places,
especially in markets, weekly bazaars and public transport, is
also critical for containing the spread of the infection. Ministry
of Health and Family Welfare (MoHFW) will issue a SOP to
regulate crowds in market places, which shall be strictly
enforced by States and UTs.
WP(C):1079/2021 40
WP(C):1079/2021 41
Sd/-
Union Home Secretary
and, Chairman, National Executive Committee"
34. Minutes of the joint meeting of Lakshadweep Disaster
Management Authority & Heads of Departments held on 23.12.2020 at the
Secretariat Conference Hall, Kavaratti reads thus:
"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 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 : 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 28 th
December, 2020 onwards in a staggered manner. The tickets
may be released at least 4 (four) 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) / MD, 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 Services)
(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
Services) 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.
Action : Director (P,S & A) / Director (Fisheries) / DCs &
SDOs in islands
(xi) The Department of Health Services in consultation
with Port dept. & DDMA have 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
(xv) For the cleanliness drive, the chairman directed all
the HODs to capture photographs of their premises before
and after the cleaning and maintain records for reference.
The file registers of the offices have to be properly and
neatly maintained.
Action : All HODs
(xvi) The PWD should ensure that all construction sites are
property cleaned and construction waste has to be properly
disposed off.
Action : SE, LPWD
(xvii) All encroachments in government land including
that in the beach areas have to be removed on prioroty basis
by following proper procedure.
Action: ADM/DCs/SDOs/Director (Fisheries)
(xviii) All the HODs must ensure the attendance of the staff
of their respective departments including that of
contractual, casual and additional labourers for the Swachh
Lakshadweep Utsav in all days from 25 th December, 2020 to
3rd January, 2021.
Action : All HODs
The meeting ended with thanks to the chair.
Sd/-
(S. Askar Ali, IAS)
District Collector & Chairman, DDMA
F. No.E/21/7/2020-CoL Dated: 24.12.2020"
35. Office order issued for appointment of Coordinators dated
24.12.2020 is extracted hereunder:
"F. No.E/21/7/2020-CoL Dated:24.12.2020
OFFICE ORDER
Sub:- Implementation of revised SOP for movement of men &
materials - Appointment of Coordinators - Orders issued.
Ref:- SOP F. No.E/21/7/2020-CoL dated 22.12.2020
I has been decided to appoint the following DANICS
officers who are also qualified doctors as Coordinators to
assist Director (Health Services), UTLA for 5 islands each for
COVID management in the wake of revised SOP cited above
which is going to be implemented with effect from 28 th
December, 2020.
Name Designation Islands allotted
1. Dr. Atul Pandey CEO, Kavaratti Kavaratti, Agatti,
Smart City Ltd. Amini, Kadmat &
Andrott
2. Dr. Shashipal Additional District Minicoy, Kalpeni,
Dabas Magistrate Kiltan, Chelath &
Bitra
They should monitor and ensure the strict compliance of
the following aspects:
1. Enforcement of Covid appropriate behaviour in public
places places including health facilities.
2. Surveying and monitoring of vulnerable grow and people
having persons with comorbidities.
3. Enforcement of precautionary measures as per the
standard COVID protocol in the islands.
4. Enforcement of containment Measures in case necessity.
5. Any other duties assigned by the competent authorities
from time to time.
(S. Askar Ali, IAS)
District Collector & Chairman, DDMA
36. Notification for enforcement of imposition of fine under the
Lakshadweep Epidemic Diseases, COVID-19 Regulations, 2020 dated
27.12.2020 is extracted hereunder:
"F. No.E/21/7/2020-Col(PART) Dated: 27.12.2020
NOTIFICATION
Sub:- Enforcement of the imposition of fines under 'The
Lakshadweep Epidemic Diseases, COVID-19 Regulations 2020'
- Regarding.
Ref:- 1) Notification F. No.29-1/2020-DHS/IDP dated 22.03.2020
2) SOP of even number dated 22.12.2020.
Whereas the Lakshadweep Administration has
promulgated 'The Lakshadweep Epidemic Diseases, COVID-19
Regulations 2020' vide reference 1 st cited. As per section 17 of
the said regulation, the Secretary (Health)/District
Collector/District Magistrate or SDO's of islands are empowered
to impose penalty on any person if found violating these
regulations or any other order issued under these regulation.
And whereas. in exercise of the power conferred under
Section 17 of the aforesaid regulation, I, Shri S.Asker Ali, IAS,
District Collector / District Magistrate, UT of Lakshadweep do
hereby authorise any police personnel from the rank of
Constable and above to collect penalty/fine for violation of
provision of the references cited.
(S. Asker Au, IAS)
District Collector, UTLA"
37. D. O. Letter dated 28.12.2020, issued by the Home Secretary
Government of India, to the Administrator, is reproduced hereunder:
"D.O. No.40-3/2020-DM-I(A) 28th December,
Dear Administrator,
Kindly refer to Ministry of Home Affairs' (MHA) Order of
even number issued today by which guidelines for Surveillance,
Containment and Caution, that were issued vide Order dated
25.11.2020, have been extended upto 31 st January, 2021.
2. As you are aware, while the number of active cases are
declining steadily for last 2-3 months, the overall situation
appears optimistic. However, keeping in view the fresh surge in
cases globally and emergence of new variant of virus in United
Kingdom, there is a need for maintaining caution and strict
surveillance.
3. Strict vigil is also needed to be maintained to prevent any
fresh surge in cases in wake of upcoming New year celebrations
and ongoing winter season which are favourable for the spread
of the virus. In this regard, appropriate measures may be taken
by the State / UT Governments.
4, Further, Government of India has started preparations for
administration and roll-out of vaccine for COVID-19. The
National Expert Group on Vaccine Administration for COVID-19
(NEGVAC) has recommended prioritization of this vaccine
during the initial phases to Health Care Workers, Front Line
Workers, Persons aged 50 years and above and those below 50
years of age with comorbidities. States/ UTs may instruct the
concerned authorities for their active support to the Ministry of
Health and Family Welfare (MoHFW) in identification,
preparation of database, vaccine delivery, storage, security,
shipment and vaccination of beneficiaries.
5. Attention is also drawn here that on 18 th December, 2020, in a
suo motu WP(C) No. 7, the Hon'ble Supreme Court has issued
directions to State Governments, inter alia, for strict enforcement
of guidelines/ SOPs issued by Union/ State Governments; strict
compliance on COVID - Appropriate behaviour such as, wearing
of masks, keeping social distancing etc.; stern action against
those who are violating guidelines/ SOPs; regulation of
gatherings etc. consider imposition of curfew on weekends/ night
and to enforce complete lockdown in containment zones. A copy
of the aforesaid Order is enclosed for taking necessary action.
6. I would like to re-emphasize that essence behind the graded
re-opening and progressive resumption of activities is to move
ahead. However, there is a concomitant need to exercise due
care. States/UTs, based on their assessment of the situation,
may impose local restrictions with a view to contain the spread
of COVID-19, such as night curfew. However, there shall be no
restriction', on inter-State and intra-State movement of persons
and goods including those for cross land-border trade under
Treaties with neighbouring countries.
7. I would urge you to ensure compliance of the aforesaid
guidelines and direct all authorities concerned for its strict
implementation. Further, guidelines issued by MHA and
consequent Orders issued by the respective State
Governments/ UT Administration should be widely disseminated
to the public and to the field functionaries for implementation.
With regards,
Yours sincerely,
Sd/-
(Ajay Bhalla)
Administrators of All Uts
(as per Standard List attached)"
38. Order issued by the Executive Magistrate, imposing restrictions
in Kavaratti Island under Section 144 of the Code of Criminal Procedure
dated 19.01.2020 is extracted hereunder:
"PROHIBITORY ORDER U/S 144 Cr.PC.1973
Whereas in the UT of Lakshadweep, 14 COVID positive
cases have been confirmed by the Health Department, UTLA at
Kavaratti on 18.01.2021, the epidemiological investigation is
being carried out in each and every case and the contact tracing
is going on as per the standard COVID protocol that is being
implemented by the Lakshadweep Administration.
And whereas it is an established medical fact that COVID
spreads within people through direct, indirect (through
contaminated objects or surfaces), or close contact with infected
people via mouth and nose secretions and therefore, social
distancing and avoiding gathering of public is very essential to
reduce the risk of transmission in the islands.
And whereas the undersigned is satisfied that there is a
real and imminent threat of possible outbreak of COVID-19 in
the UT of Lakshadweep and that there are sufficient grounds for
proceeding under section 144 of Cr.PC in Kavaratti the present
situation for averting the danger to human life, health and safety
of the citizens. Whereas the circumstances of the situation
do not admit serving of notice in due time upon all the persons
residing in Union Territory of Lakshadweep, this order is passed
ex-parte u/s 144 of Cr.PC.
Therefore. exercise of the powers vested in me u/s 144 (1)
of the Code of Criminal Procedure 1973, I, S. Asker Ali IAS
District Magistrate UT of Lakshadweep hereby direct that:
i. Any assembly of four or more persons shall stand
prohibited in Kavaratti island and this order shall
come into force with immediate effect and shall
remain valid until further order.
Any person contravening this order shall be liable for
punishment under section 188 and other relevant sections of
IPC.
Given under my hand and seal on this 19th of January of 2021.
Sd/-
(S. Asker Ali, IAS)
District Magistrate
UT of Lakshadweep"
39. In W.P.(C) No.29184 of 2020, the petitioner therein has sought
for staying the operation and enforcement of Exhibit-P9 revised Standard
Operating Procedure (SOP) dated 22.12.2020 which substitute the earlier
requirements of mandatory institutional and home quarantine of all
persons travelling to Lakshadweep Island with the requirements of just
negative test report of RT-PCR, obtained 48 hours before the travel issued
by the and to direct Collector and Chairman, District Disaster Management
Authority, UT of Lakshadweep, respondent No.1 therein; to direct the
respondents therein not to permit entry of persons to Lakshadweep
without undergoing the mandatory institutional quarantine, COVID test and
house quarantine as provided in Exhibit-P7, SOP modification for
domestic return and foreign returns dated 04.11.2020; and to provide the
facilities for the same as before, pending disposal of the writ petition.
40. In the above-said writ petition, a learned Single Judge, one
among us, declined to grant the interim relief sought for viz., staying the
operation of Exhibit-P9 SOP dated 22.12.2020, stated above. Later-on,
after considering the rival contentions, W.P.(C) No.29184 of 2020 was
disposed of by judgment dated 18.01.2021, as under:
"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."
41. Before considering the pleadings, we deem it fit to extract the
relevant statutory provisions.
42. The Lakshadweep Panchayats Regulation, 1994 is a regulation
to provide for the establishment of Village (Dweep) Panchayats and
District Panchayat in the Union Territory of Lakshadweep and for matters
connected therewith. In exercise of the powers conferred by Article 240 of
the Constitution, the President has promulgated the Lakshadweep
Panchayats Regulations, 1994, and it extends to the whole of the Union
Territory of Lakshadweep. Chapter V of the Lakshadweep Panchayats
Regulations, 1994 deals with the powers, duties and functions of a
Panchayat.
43. Matters within the jurisdiction of Village (Dweep) Panchayat
comes under the Third Schedule of the Lakshadweep Panchayats
Regulations, 1994, and it reads thus:
"THE THIRD SCHEDULE
(See section 44)
MATTERS WITHIN THE JURISDICTION OF VILLAGE
(DWEEP) PANCHAYAT
I. Sanitation and Public Health:
(1) Sanitation and conservancy.
(2) Removal of rubbish and keeping the area of the island in
clean condition.
(3) Maternity and child welfare.
(4) Family Planning.
(5) Construction and maintenance of public latrines.
(6) Regulating, checking and abating of offensive or
dangerous trade or practice.
II. Public Works.
(1) Lighting of Island.
(2) Establishment and maintenance of public utility places.
III. Planning and Development:
Preparation and implementation of plans for, the
development of agriculture, animal husbandry, fisheries,
Island Industries and Co-operatives and especially---
(1) distribution of improved seeds, manure and fertilizers;
(2) promoting the use of improved agriculture implements and
making such implements easily available;
(3) improvement and genera care of livestock and promotion
of poultry keeping;
(4) providing for organization, management an d development
of cottage and small scale industries.
IV. Administration:
(1) Administration of Panchayat property.
(2) Numbering of premises.
(3) Preparation, maintenance and upkeep of panchayat
records.
(4) Registration of births and deaths.
V. Social Welfare:
(1) Relief to the crippled and the destitute.
(2) Preventive and relief measures in times of natural
calamity.
(3) Promotion of moral and social welfare activities and
assisting voluntary organizations and agencies engaged in
such activities."
44. Matters within the jurisdiction of District Panchayat comes under
the Fourth Schedule and it reads thus:
FOURTH SCHEDULE
(See section 44)
MATTERS WITHIN THE JURISDICTION OF DISTRICT
PANCHAYAT
(1) Agriculture including agricultural extension.
(2) Land improvement, implementation of land reforms, land
consolidation and soil conservation.
(3) Minor irrigation, water management and watershed
development.
(4) Animal Husbandry, dairying and poultry.
(5) Fisheries.
(6) Social forestry and farm forestry.
(7) Minor forest produce.
(8) Small Scale Industries, including food processing industries.
(9) Khadi, village and cottage industries.
(10) Rural housing.
(11) Drinking water.
(12) Fuel and fodder.
(13) Roads, culverts, bridges, ferries, waterways and other means
of communication.
(14) Rural electrification including distribution of electricity.
(15) Non-conventional energy sources.
(16) Poverty alleviation programme.
(17) Education, including pre-primary and secondary schools.
(18) Technical Training and vocational education.
(19) Adult and non-formal education.
(20) Libraries.
(21) Cultural activities.
(22) Markets and fairs.
(23) Health and sanitation including hospital, primary health
centres and dispensaries.
(24) Family welfare.
(25) Women and child development.
(26) Social welfare, including welfare of the handicapped and
mentally retarded.
(27) Welfare of the weaker section, and in particular, of the
women and the Scheduled Tribes.
(28) Public distribution system.
(29) Maintenance of community assets."
45. Matters on which the President-cum-Chief Counsellors and/or
Vice-President-cum-Counsellors may be consulted comes under the Fifth
Schedule and it reads thus:
"1. Such matters of administration which the Administrator
may specify, relating to the Union Territory, involving general
questions of policy and schemes of development in so far as
they relate to matters enumerated in the State List or in the
Concurrent List in the Seventh Schedule to the Constitution.
2. The Five Plans and Annual Plan proposals for the
development of the Union territory.
3. Proposals for undertaking legislation in the Union
Territory with respect to any of the matters enumerated in the
State List or in the Concurrent List in the Seventh Schedule to
the Constitution.
4. Any other matter which the Administrator may refer to
them for consideration and advice."
46. That apart, Chapter II of Part IX of the Constitution of India deals
with Administrative Relations - General. Article 256 of Chapter II states
that the executive power of every State shall be so exercised as to ensure
compliance with the laws made by Parliament and any existing laws which
apply in that State, and the executive power of the Union shall extend to
the giving of such directions to a State as may appear to the Government
of India to be necessary for that purpose.
47. The duties and responsibilities of the competent authorities
under the Disaster Management Act, 2005 vis-a-vis the Lakshadweep
Panchayats Regulation, 1994, which at the risk of repetition, are extracted
hereunder.
Disaster Management Act, 2005 Lakshadweep Panchayats
Regulation, 1994
Section 2(q) defines "State Authority" to Regulation 44 in Chapter V deals with
mean that the State Disaster Management Powers, Duties and Functions of a
Authority established under sub-section (1) Panchayat.
of Section 14 and includes the Disaster
Management Authority for the Union 44. (1) It shall be the duty of every
Territory constituted under that section. Village (Dweep) Panchayat and of a
Section 18 deals with the Powers and District Panchayat so far as its funds
functions of State Authority: allow to make reasonable provision
within its jurisdiction, in regard to the
(1) Subject to the provisions of this Act, a matters specified in the Third Schedule
State Authority shall have the responsibility in case of Village (Dweep) Panchayat
for laying down policies and plans for and in regard to the matter specified in
disaster management in the State. the Fourth Schedule in case of the
district Panchayat.
(2) Without prejudice to the generality of
provisions contained in sub-section (1), the (2) The scheme programmes under any
State Authority may- of the subject incorporated in Third
Schedule or the Forth Schedule under
(a) lay down the State disaster sub-section (1) may be transferred, from
management policy; time to time, along with funds, if any and
such personnel as may be necessary to
(b) approve the State Plan in accordance Panchayat by the Administrator on such
with the guidelines laid down by the conditions as may be prescribed.
National Authority;
(3) The Panchayat may also make
(c) approve the disaster management provision for carrying out within its
plans prepared by the departments of the jurisdiction any other work or measure
Government of the State; which is likely to promote the health,
safety, comfort or convenience, social,
(d) lay down guidelines to be followed by economic or cultural well-being and
the departments of the Government of the education of the residents of the
State for the purposes of integration of Islands.
measures for prevention of disasters and
mitigation in their development plans and (4) The Administrator may, from time to
projects and provide necessary technical time, consult the President-cum-Chief
assistance therefor; Counsellor or the Vice-President-cum-
Counsellor or any matter relating to the
(e) coordinate the implementation of the administration of the Union Territory, as
State Plan; specified in the Fifth Schedule, and any
views expressed by the President-cum-
(f) recommend provision of funds for Chief Counsellor or the Vice-President-
mitigation and preparedness measures; cum-Counsellor on such matters shall
(g) review the development plans of the be recommendatory in nature.
different departments of the State and (5) The Administrator shall follow such
ensure that prevention and mitigation procedure for consultation under
measures are integrated therein; subsection (4) as may be prescribed.
(h) review the measures being taken for 45. (1) A Panchayat may, in respect of
mitigation, capacity building and roads, streets and other properties
preparedness by the departments of the placed by the Administrator under
Government of the State and issue such section 50 under its directions,
guidelines as may be necessary. managements and control, do all things
(3) The Chairperson of the State Authority necessary for the maintenance and
shall, in the case of emergency, have repair thereof and in particular, may---
power to exercise all or any of the powers (a) widen, open, enlarge or otherwise
of the State Authority but the exercise of improve such road and plant and
such powers shall be subject to ex post preserve trees on the sides of such
facto ratification of the State Authority. road;
(b) cut any hedge or branch of any tree
projecting on any such public road or
street.
(2) The Panchayat shall also have the
control on such roads and streets as
may, from time to time, be notified by
the Administrator for the purpose and
may do all things necessary for the
improvement, maintenance and repair
thereof and in particular may lay out and
make new roads.
46. The Administrator may entrust to the
Panchayat the execution, maintenance
or repair of any work (including
implementation of schemes of economic
development and social justice), subject
to such conditions as he may think fit to
impose. The management of institution
may also be placed at the disposal of
the Panchayat by the Administrator:
Provided that the funds necessary for
the execution, maintenance or repair of
the work or the management of the
institution shall also be placed at the
disposal of the Panchayat by the
Administrator.
47. Every contract or agreement
entered into by a Panchayat shall be in
writing shall be signed by the
Chairperson or in his absence by the
Vice-Chairperson and by the Executive
Officer in case of a village (Dweep)
Panchayat and by the President-cum-
Chief Counsellor or in his absence by
the Vice-President-cum-Counsellor and
by the Chief Executive Officer in case of
district Panchayat and sealed with the
common seal of the concerned
Panchayat.
48. In the case on hand, the issues to be considered are whether,-
(i) The authorities under the Disaster Management Act, 2005
have taken note of the periodical relaxation of the norms
and orders have been issued periodically.
(ii) On the facts and circumstances of this case, what the
Administrator has considered, while implementing the
orders passed under the Disaster Management Act, 2005.
(iii) Whether the powers conferred on the Local Self
Government Institutions, Panchayats, Municipalities, as the
case may be, can overreach the mandate of the Disaster
Management Act, 2005.
(iv) Whether the Panchayat can contend that they have a right
to contend that the duties/guidelines/advisories issued by
the competent authority under the Disaster Management
Act, 2005, which binds the State/Union Territory, is
subservient to the rights under the local laws and it will
prevail over the directions/mandate of the Disaster
Management Act, 2005.
49. Now, let us consider the relevant provisions of the Disaster
Management Act, 2005.
50. Disaster Management Act, 2005 is an Act to provide for the
effective management of disasters and for matters connected therewith or
incidental thereto. This Act extends to the whole of India. The Act has
come into force on such date as the Central Government may, by
notification in the Official Gazette appoint; and different dates may be
appointed for different provisions of the Act and for different States, and
any reference to commencement in any provisions of this Act in relation to
any State shall be construed as a reference to the commencement of that
provision in that State.
51. Section 2(c) defines 'Central Government' to mean, the Ministry
of Department of the Government of India having administrative control of
disaster management.
52. Section 2(d) defines 'disaster' to mean, a catastrophe, mishap,
calamity or grave occurrence in any area, arising from natural or man
made causes, or by accident or negligence which results in substantial
loss of life or human suffering or damage to, and destruction of, property,
or damage to, or degradation of, environment, and is of such a nature of
magnitude as to be beyond the coping capacity of the community of the
affected area.
53. Section 2(e) of the Act defines 'disaster management' as under:
"(e) "disaster management" means a continuous and integrated
process of planning, organising, coordinating and implementing
measures which are necessary or expedient for-
(i) prevention of danger or threat of any disaster;
(ii) mitigation or reduction of risk of any disaster or its
severity or consequences;
(iii) capacity-building;
(iv) preparedness to deal with any disaster;
(v) prompt response to any threatening disaster situation
or disaster;
(vi) assessing the severity or magnitude of effects of any
disaster;"
54. Section 2(j) defines 'National Authority' to mean, the National
Disaster Management Authority established under sub-section (1) of
Section 3.
55. Chapter II of the Disaster Management Act, 2005 deals with the
National Disaster Management Authority. Section 6 under Chapter II
speaks about the powers and functions of the National Authority and it
reads thus:
"6. Powers and functions of National Authority--
(1) Subject to the provisions of this Act, the National
Authority shall have the responsibility for laying down the
policies, plans and guidelines for disaster management
for ensuring timely and effective response to disaster.
(2) Without prejudice to generality of the provisions
contained in sub-section (1), the National Authority may-
(a) lay down policies on disaster management;
(b) approve the National Plan;
(c) approve plans prepared by the Ministries or
Departments of the Government of India in
accordance with the National Plan;
(d) lay down guidelines to be followed by the State
Authorities in drawing up the State Plan;
(e) lay down guidelines to be followed by the different
Ministries or Departments of the Government of
India for the purpose of integrating the measures
for prevention of disaster or the mitigation of its
effects in their development plans and projects;
(f) coordinate the enforcement and implementation
of the policy and plan for disaster management;
(g) recommend provision of funds for the purpose of
mitigation;
(h) provide such support to other countries affected
by major disasters as may be determined by the
Central Government;
(i) take such other measures for the prevention of
disaster, or the mitigation, or preparedness and
capacity building for dealing with the threatening
disaster situation or disaster as it may consider
necessary;
(j) lay down broad policies and guidelines for the
functioning of the National Institute of Disaster
Management.
(3) The Chairperson of the National Authority shall, in
the case of emergency, have power to exercise all or any
of the powers of the National Authority but exercise of
such powers shall be subject to ex post facto ratification
by the National Authority."
56. Chapter V of the Disaster Management Act, 2005 deals with the
measures to be taken by the Government for disaster management.
Section 35 under Chapter V speaks about the measures to be taken by
the Central Government and it reads thus:
"35. Central Government to take measures.--
(1) Subject to the provisions of this Act, the
Central Government shall take all such measures as it
deems necessary or expedient for the purpose of disaster
management.
(2) In particular and without prejudice to the
generality of the provisions of sub-section (1), the
measures which the Central Government may take under
that sub-section include measures with respect to all or
any of the following matters, namely:--
(a) coordination of actions of the Ministries or
Departments of the Government of India, State
Governments, National Authority, State Authorities,
governmental and non-governmental organisations
in relation to disaster management;
(b) ensure the integration of measures for prevention of
disasters and mitigation by Ministries or
Departments of the Government of India into their
development plans and projects;
(c) ensure appropriate allocation of funds for
prevention of disaster, mitigation, capacity-building
and preparedness by the Ministries or Departments
of the Government of India;
(d) ensure that the Ministries or Departments of the
Government of India take necessary measures for
preparedness to promptly and effectively respond
to any threatening disaster situation or disaster;
(e) cooperation and assistance to State Governments,
as requested by them or otherwise deemed
appropriate by it;
(f) deployment of naval, military and air forces, other
armed forces of the Union or any other civilian
personnel as may be required for the purposes of
this Act;
(g) coordination with the United Nations agencies,
international organisations and governments of
foreign countries for the purposes of this Act;
(h) establish institutions for research, training, and
developmental programmes in the field of disaster
management;
(i) such other matters as it deems necessary or
expedient for the purpose of securing effective
implementation of the provisions of this Act.
(3) The Central Government may extend such
support to other countries affected by major disaster as it
may deem appropriate."
57. Section 36 of the Disaster Management Act, 2005, provides the
responsibilities of ministries or departments of Government of India and it
reads thus:
"36. Responsibilities of Ministries or Departments of
Government of India.-- It shall be the responsibility of every
Ministry or Department of the Government of India to--
(a) take measures necessary for prevention of disasters,
mitigation, preparedness and capacity building in accordance
with the guidelines laid down by the National Authority;
(b) integrate into its development plans and projects, the
measures for prevention or mitigation of disasters in
accordance with the guidelines laid down by the National
Authority;
(c) respond effectively and promptly to any threatening
disaster situation or disaster in accordance with the guidelines
of the National Authority or the directions of the National
Executive Committee in this behalf;
(d) review the enactments administered by it, its policies, rules
and regulations, with a view to incorporate therein the
provisions necessary for prevention of disasters, mitigation or
preparedness;
(e) allocate funds for measures for prevention of disaster,
mitigation, capacity-building and preparedness;
(f) provide assistance to the National Authority and State
Governments for--
(i) drawing up mitigation, preparedness and response
plans, capacity-building, data collection and
identification and training of personnel in relation to
disaster management;
(ii) carrying out rescue and relief operations in the
affected area;
(iii) assessing the damage from any disaster;
(iv) carrying out rehabilitation and reconstruction;
(g) make available its resources to the National Executive
Committee or a State Executive Committee for the purposes
of responding promptly and effectively to any threatening
disaster situation or disaster, including measures for--
(i) providing emergency communication in a vulnerable
or affected area;
(ii) transporting personnel and relief goods to and from
the affected area;
(iii) providing evacuation, rescue, temporary shelter or
other immediate relief;
(iv) setting up temporary bridges, jetties and landing
places;
(v) providing, drinking water, essential provisions,
healthcare, and services in an affected area;
(h) take such other actions as it may consider necessary for
disaster management."
58. Section 37 under Chapter V of the Disaster Management Act,
2005 states about the disaster management plans of ministries or
departments of Government of India and it reads thus:
"37. Disaster management plans of Ministries or
Departments of Government of India.
(1) Every Ministry or Department of the Government of
India shall-
(a) prepare a disaster management plan specifying the
following particulars, namely:--
(i) the measures to be taken by it for prevention and
mitigation of disasters in accordance with the National
Plan;
(ii) the specifications regarding integration of mitigation
measures in its development plans in accordance with
the guidelines of the National Authority and the
National Executive Committee;
(iii) its roles and responsibilities in relation to preparedness
and capacity-building to deal with any threatening
disaster situation or disaster;
(iv) its roles and responsibilities in regard to promptly and
effectively responding to any threatening disaster
situation or disaster;
(v) the present status of its preparedness to perform the
roles and responsibilities specified in sub-clauses (iii)
and (iv);
(vi) the measures required to be taken in order to enable it
to perform its responsibilities specified in sub-clauses
(iii) and (iv);
(b) review and update annually the plan referred to in
clause (a);
(c) forward a copy of the plan referred to in clause (a) or
clause (b), as the case may be, to the Central
Government which Government shall forward a copy
thereof to the National Authority for its approval.
(2) Every Ministry or Department of the Government of
India shall--
(a) make, while preparing disaster management plan
under clause (a) of sub-section (1), provisions for
financing the activities specified therein;
(b) furnish a status report regarding the implementation
of the plan referred to in clause (a) of sub-section (1)
to the National Authority, as and when required by it."
59. Section 38 of the Disaster Management Act, 2005 provides the
State Government to take measures and it reads thus:
"38. State Government to take measures.--
(1) Subject to the provisions of this Act, each State
Government shall take all measures specified in the guidelines
laid down by the National Authority and such further measures
as it deems necessary or expedient, for the purpose of
disaster management.
(2) The measures which the State Government may take
under sub-section (1) include measures with respect to all or
any of the following matters, namely:--
(a) coordination of actions of different departments of the
Government of the State, the State Authority, District
Authorities, local authority and other non-governmental
organisations;
(b) cooperation and assistance in the disaster
management to the National Authority and National
Executive Committee, the State Authority and the State
Executive Committee, and the District Authorities;
(c) cooperation with, and assistance to, the Ministries or
Departments of the Government of India in disaster
management, as requested by them or otherwise
deemed appropriate by it;
(d) allocation of funds for measures for prevention of
disaster, mitigation, capacity-building and
preparedness by the departments of the Government
of the State in accordance with the provisions of the
State Plan and the District Plans;
(e) ensure that the integration of measures for prevention
of disaster or mitigation by the departments of the
Government of the State in their development plans
and projects;
(f) integrate in the State development plan, measures to
reduce or mitigate the vulnerability of different parts of
the State to different disasters;
(g) ensure the preparation of disaster management plans
by different departments of the State in accordance
with the guidelines laid down by the National Authority
and the State Authority;
(h) establishment of adequate warning systems up to the
level of vulnerable communities;
(i) ensure that different departments of the Government of
the State and the District Authorities take appropriate
preparedness measures;
(j) ensure that in a threatening disaster situation or
disaster, the resources of different departments of the
Government of the State are made available to the
National Executive Committee or the State Executive
Committee or the District Authorities, as the case may
be, for the purposes of effective response, rescue and
relief in any threatening disaster situation or disaster;
(k) provide rehabilitation and reconstruction assistance to
the victims of any disaster; and
(l) such other matters as it deems necessary or expedient
for the purpose of securing effective implementation of
provisions of this Act."
60. Section 39 of the Act provides the responsibilities of
departments of the State Authority and it reads thus:
"39. Responsibilities of departments of the State
Government.--
It shall be the responsibility of every department of the
Government of a State to--
(a) take measures necessary for prevention of disasters,
mitigation, preparedness and capacity-building in accordance
with the guidelines laid down by the National Authority and the
State Authority;
(b) integrate into its development plans and projects, the
measures for prevention of disaster and mitigation;
(c) allocate funds for prevention of disaster, mitigation,
capacity-building and preparedness;
(d) respond effectively and promptly to any threatening
disaster situation or disaster in accordance with the State
Plan, and in accordance with the guidelines or directions of the
National Executive Committee and the State Executive
Committee;
(e) review the enactments administered by it, its policies, rules
and regulations with a view to incorporate therein the
provisions necessary for prevention of disasters, mitigation or
preparedness;
(f) provide assistance, as required, by the National Executive
Committee, the State Executive Committee and District
Authorities, for--
(i) drawing up mitigation, preparedness and response
plans, capacity-building, data collection and
identification and training of personnel in relation to
disaster management;
(ii) assessing the damage from any disaster;
(iii) carrying out rehabilitation and reconstruction;
(g) make provision for resources in consultation with the State
Authority for the implementation of the District Plan by its
authorities at the district level;
(h) make available its resources to the National Executive
Committee or the State Executive Committee or the District
Authorities for the purposes of responding promptly and
effectively to any disaster in the State, including measures for-
(i) providing emergency communication with a vulnerable or
affected area;
(ii) transporting personnel and relief goods to and from the
affected area;
(iii) providing evacuation, rescue, temporary shelter or other
immediate relief;
(iv) carrying out evacuation of persons or live-stock from an
area of any threatening disaster situation or disaster;
(v) setting up temporary bridges, jetties and landing places;
(vi) providing drinking water, essential provisions, healthcare
and services in an affected area; (i) such other actions as
may be necessary for disaster management."
61. Chapter VI of the Act, 2005 deals with local authorities. Section
41 under Chapter VI speaks about functions of the local authority and it
reads thus:
"41. Functions of the local authority.-- (1) Subject to the
directions of the District Authority, a local authority shall--
(a) ensure that its officers and employees are trained for
disaster management;
(b) ensure that resources relating to disaster management
are so maintained as to be readily available for use in
the event of any threatening disaster situation or
disaster;
(c) ensure all construction projects under it or within its
jurisdiction conform to the standards and specifications
laid down for prevention of disasters and mitigation by
the National Authority, State Authority and the District
Authority;
(d) carry out relief, rehabilitation and reconstruction
activities in the affected area in accordance with the
State Plan and the District Plan.
(2) The local authority may take such other measures as
may be necessary for the disaster management."
62. Chapter XI of the Act, 2005 deals with miscellaneous. Section 62
under Chapter XI speaks about the power to issue direction by the Central
Government and it reads thus:
"62. Power to issue direction by Central Government.--
Notwithstanding anything contained in any other law for the
time being in force, it shall be lawful for the Central
Government to issue direction in writing to the Ministries or
Departments of the Government of India, or the National
Executive Committee or the State Government, State
Authority, State Executive Committee, statutory bodies or
any of its officers or employees, as the case may be, to
facilitate or assist in the disaster management and such
Ministry or Department or Government or Authority,
Executive Committee, statutory body, officer or employee
shall be bound to comply with such direction."
63. Section 71 of the Disaster Management Act, 2005 speaks about
the bar of jurisdiction of court and it reads thus:
"71. Bar of jurisdiction of court.--No court (except the
Supreme Court or a High Court) shall have jurisdiction to
entertain any suit or proceeding in respect of anything done,
action taken, orders made, direction, instruction or guidelines
issued by the Central Government, National Authority, State
Government, State Authority or District Authority in
pursuance of any power conferred by, or in relation to its
functions, by this Act."
64. Section 76 of the Disaster Management Act, 2005 speaks about
the power to make regulations and it reads thus:
"76. Power to make regulations.-- (1) The National Institute
of Disaster Management, with the previous approval of the
Central Government may, by notification in the Official
Gazette, make regulations consistent with this Act and the
rules made thereunder to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of
the foregoing power, such regulations may provide for all or
any of the following matters, namely:--
(a) powers and functions to be exercised and discharged by
the governing body;
(b) procedure to be followed by the governing body in
exercise of the powers and discharge of its functions;
(c) any other matter for which under this Act provision may be
made by the regulations."
65. We have evaluated the rival submissions addressed at the bar,
bearing in mind the Standard Operating Procedures issued by the
Lakshadweep Administration from time-to-time, the provisions of other
statutes and the provisions of the Disaster Management Act, 2005. We
have extracted the notifications issued by the Lakshadweep Administration
and the provisions of the Act, 2005, in order to have a wholesome
understanding of the provisions and the power conferred on the authority,
to tackle any emergent situations. As is well-known, the provisions of
Disaster Management Act, 2005 were brought into effect consequent to
the outbreak of COVID-19 Pandemic. Therefore, we have no doubt in our
mind that by virtue of the powers conferred on the Central Government
under the Act 2005, the other local laws may not have much bearing when
the provisions of such laws come in conflict with the provisions of Act
2005, especially in view of the constitutional provision discussed above.
66. Even though initially, a National Lockdown was declared by the
Government of India during March, 2020, during the course of time, taking
into account the developments taken place, the Standard Operating
Procedures issued for effective implementation of the lockdown restrictions
were relaxed.
67. It is true, there was an initial SOP issued by the Lakshadweep
Administration, in order to prevent the outbreak of COVID-19 Pandemic in
the islands of Lakshadweep. However, the spread of pandemic was
reduced and the Administration thought it fit to relax the entry into
Lakshadweep Islands from the mainland with sufficient precautionary
measures. It was accordingly, the notification prescribing the SOP
impugned in the writ petition was issued. Reading of the notification/
circulars issued by the Administration and the statement filed before this
Court makes it clear that the Administration has taken effective
precautionary measures for permitting people from the mainland to the
islands of Lakshadweep. Reading of the notification and circulars further
make it clear that sufficient precautionary measures are taken, in order to
meet with any emergent and adverse situations. It is also clear from the
notification that in order to rule out the possibility of any person infected
with Corona-virus entering the Islands, RT-PCR test is being ensured,
which according to the Administration, is a full-proof test, in order to
identify as to whether any person is affected with the disease.
68. Apart from the above, reading of the provisions of Act, 2005
make it clear that the authorities are vested with sufficient powers to
evaluate the situation from time-to-time and then issue notifications, in
order to tide over the situation, and also to relax the lockdown
restrictions/conditions and make the life a normal one to the citizens of the
country. Taking into account the subsidence of COVID-19 Pandemic
alone, a new SOP was issued, thereby providing entry to mainlanders,
however subject to reasonable restrictions.
69. Since the statutory authorities are controlled and guided by the
provisions of Act, 2005, and when notifications are issued prescribing the
SOPs, it can only be legally presumed that the authorities have taken into
account the situations prevailing in the mainland, as well as the islands of
Lakshadweep, and unless and until the petitioner was able to establish
before this Court that the SOPs, issued by the Lakshadweep
Administration from time-to-time are illegal, arbitrary and so perverse, this
Court would not be in a position to step-in and issue directions unmindful
of the conditions contained in the SOP. The petitioner has not produced
any document before this Court, to establish that the action of the
Lakshadweep Administration, issuing fresh Standard Operating
Procedures is in any manner illegal or arbitrary or overlooking the
provisions of law in vogue, enabling this Court to interfere with the
notifications issued. We are also of the view that the SOP is issued
considering the advises rendered by the experts in the various fields and
such aspects cannot be given a go-bye, by a writ court normally and
ordinarily, which is a well accepted proposition in law.
70. Anyhow, it is clear from the notifications issued time and again
that Lakshadweep Administration was clearly taking stock of the situations
appropriately and issued the notifications. If the situations become adverse
to the normal and regular life of the residents of Lakshadweep islands, the
Administration is vested with ample powers to modify the Standard
Operating Procedures issued from time-to-time to suit the convenience of
the citizens, and appropriately. Viewed so, the imputations made in the writ
petition have no basis. Matters being so, we are of the view that the
petitioner has not made out any case justifying interference exercising the
powers of judicial review under Article 226 of the Constitution of India.
Resultantly, this writ petition fails and accordingly, it is dismissed.
Sd/-
S. Manikumar
Chief Justice
Sd/-
Shaji P. Chaly
Judge
krj
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF THE SOP MODIFICATION DATED 01.10.2020 ISSUED BY THE
3RD RESPONDENT.
EXHIBIT P2 COPY OF THE SOP MODIFICATION DATED 04.11.2020 ISSUED BY THE
3RD RESPONDENT.
EXHIBIT P3 COPY OF THE CIRCULAR DATED 23.11.2020 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P4 COPY OF THE STANDARD OPERATING PROCEDURE DATED 22.12.2020
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P5 COPY OF THE CIRCULAR DATED 26.12.2020 ISSUED BY THE 7TH
RESPONDENT.
EXHIBIT P6 COPY OF THE COMMUNICATION DATED 28.2.2020 ISSUED BY THE 7TH
RESPONDENT.
EXHIBIT P7 COPY OF THE LETTER DATED 24.12.2020 ISSUED BY THE PRESIDENT
CUM CHIEF COUNSELLOR OF LAKSHADWEEP DISTRICT PANCHAYAT
TO THE 3RD RESPONDENT.
EXHIBIT P7(A) COPY OF THE LETTER DATED 26.12.2020 ISSUED BY THE PRESIDENT
CUM CHIEF COUNSELLOR OF LAKSHADWEEP DISTRICT PANCHAYAT
TO THE 2ND RESPONDENT.
EXHIBIT P7(B) COPY OF THE LETTER DATED 26.12.2020 ISSUED BY THE PRESIDENT
CUM CHIEF COUNSELLOR OF LAKSHADWEEP DISTRICT PANCHAYAT
TO THE HOME SECRETARY, MINISTRY OF HOME AFFAIRS.
EXHIBIT P7(C) COPY OF THE LETTER DATED 26.12.2020 ISSUED BY THE PRESIDENT
CUM CHIEF COUNSELLOR OF LAKSHADWEEP DISTRICT PANCHAYAT
TO THE ADMINISTRATOR OF THE UNION TERRITORY OF
LAKSHADWEEP.
EXHIBIT P7(D) COPY OF THE PRESS RELEASE DATED 26.12.2020 ISSUED BY THE
PRESIDENT CUM CHIEF COUNSELLOR OF LAKSHADWEEP DISTRICT
PANCHAYAT.
EXHIBIT P7(E) COPY OF THE RESOLUTION DATED 23.12.2020 PASSED BY VILLAGE
(DWEEP) PANCHAYAT, AGATHI.
EXHIBIT P7(F) COPY OF THE MINUTES DATED 26.12.2020 OF THE COMBINED MEETING
OF THE ELECTED REPRESENTATIVES (DP AND VDP), ANDROTH.
EXHIBIT P7(G) COPY OF THE LETTER DATED 04.01.2021 ISSUED BY THE
CHAIRPERSON OF VILLAGE (DWEEP) PANCHAYAT, BITRA.
EXHIBIT P7(H) COPY OF THE RESOLUTION PASSED BY THE VILLAGE (DWEEP)
PANCHAYAT, CHETLAT ISLAND.
EXHIBIT P7(I) COPY OF THE LETTER DATED 27.12.2020 ISSUED BY THE MEMBERS OF
THE VILLAGE (DWEEP) PANCHAYAT, KADMAT.
EXHIBIT P7(J) COPY OF THE LETTER DATED 24.12.2020 ISSUED BY THE
CHAIRPERSON OF VILLAGE (DWEEP) PANCHAYAT, KADMAT TO THE
MEDICAL DIRECTOR, UNION TERRITORY OF LAKSHADWEEP.
EXHIBIT P7(K) COPY OF THE LETTER DATED 31.12.2020 ISSUED BY THE
REPRESENTATIVES OF DIFFERENT POLITICAL PARTIES AND MEMBERS
OF VILLAGE (DWEEP) PANCHAYAT, KALPENI TO THE SUB DIVISIONAL
OFFICER, KALPENI.
EXHIBIT P7(L) COPY OF THE LETTER DATED 23.12.2020 ISSUED BY THE
CHAIRPERSON, VILLAGE (DWEEP) PANCHAYAT, KAVARATTI TO THE
2ND RESPONDENT.
EXHIBIT P7(M) COPY OF THE LETTER DATED 01.01.2021 ISSUED BY THE
CHAIRPERSON OF VILLAGE (DWEEP) PANCHAYAT, KILTAN TO THE 2ND
AND 3RD RESPONDENTS.
EXHIBIT P7(N) COPY OF THE LETTER DATED 26.12.2020 ISSUED BY THE
CHAIRPERSON OF VILLAGE (DWEEP) PANCHAYAT, MINICOY TO THE
3RD RESPONDENT.
EXHIBIT P8 COLOUR PHOTOGRAPHS OF THE DHARNA CARRIED OUT BY SCHOOL
STUDENTS IN LAKSHADWEEP.
EXHIBIT P9 COLOUR PHOTOGRAPH OF THE DHARNA CARRIED OUT BY THE
GENERAL PUBLIC NEAR THE COLLECTORATE, KAVARATTI.
EXHIBIT P10 COPY OF THE NOTIFICATION DATED 07.03.2012 ISSUED BY THE
SECRETARY (PANCHAYATS) VIDE F. NO. 2/1/2012-DOP.
RESPONDENTS' EXHIBITS:- NIL
//TRUE COPY//
P.A. TO C.J.
