A Division Bench of the Madras High Court, comprising of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy in a Writ Petition has observed that the Chief Secretary of Puducherry should inform the Court- of the appropriate measures taken by them in order to combat the spread of the deadly virus in the event of vote counting which will take place on May 02, 2021.

Factual Background

The above observation was made by the Court while dealing with a petition which was filed before the Court to seek direction for taking appropriate measures in wake of the Second Wave of the ongoing pandemic, by the State. This petition was filed in 2020- much before the situation worsened due to the second wave. 

Court Reasoning & Judgment

The Court made four important areas which can be crucial such as:

1- the availability of oxygen,

2- the availability of the drug 'Remdesivir',  

3- the availability of ventilators, &

4- the availability of adequate doses of vaccine for inoculating even those between the ages of
18 and 45.

The Court ordered the Chief Secretary of Puducherry to file a brief report before the matter is taken up on April 26, 2021, on the following issues:

1- the position relating to the number of vials of Remdesivir available at government hospitals and clinics,

2- the number of oxygen cylinders or the quantum thereof available,

3- the total requirement of oxygen, & 

4- the availability of doses of vaccine and the availability of ventilators.

The Court also expressed that:

“The Chief Secretary's report should indicate if any special notification has been recently issued to deal with the situation. Advisories issued for maintaining Covid protocol should also be referred to. The Chief Secretary should also ensure a state of preparedness for the counting of the votes on May 02, 2021.”

Therefore, the Bench listed the matter on April 26, 2021, for the next hearing.

Case Details

Case: W.P.No.12184 of 2020

Quorum: Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy

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Vishal Gupta