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Uttarakhand HC Issues Notice On Public Servant Participating In Cabinet Meeting Despite Wife Testing COVID-19+

The Uttarakhand High Court on Friday has issued notice to the Centre & the State Government on a PIL filed against a ‘Public Servant’ alleging he had participated in a Cabinet meeting which was attended by Chief Minister & Cabinet Ministers along with other dignitaries, violating the home quarantine norm and endangering the life of others as his wife tested COVID19-Positive.

The High Court said that “If, as is contended on behalf of the petitioner, the fourth respondent was residing in the very same house during the period when he participated in the Cabinet Meetings, he may then, prima facie, be liable to be proceeded against for the offence under Section 188 IPC, as his failure to maintain home-quarantine, and his act of participating in Cabinet Meetings, has resulted in the risk of his infecting others”.

As to why different standards are adopted for home quarantine violations; and when action is initiated against the common-man, why no action is taken against those holding constitutional offices indulging in such violations, needs to be ascertained”, asked the Court.

A Division Bench of Uttarakhand High Court comprised of Chief Justice Ramesh Ranganathan along with Justice Ramesh Chandra Khulbe heard the PIL, wherein they said that “While we see no reason, as at present, to express any opinion regarding the application of Section 307 IPC, we are satisfied, prima facie, that, if the allegations in the Writ Petition are true, then the ingredients of Section 188 IPC may well be attracted”.

The allegations in plea are that, despite a notice having been affixed on the fourth respondent- public servant house on 20.05.2020, stating that due to reasons of security the residents of the subject house should be home-quarantined for 14 days from 20.05.2020 to 03.06.2020, the fourth respondent had participated in the Cabinet Meetings held both on 21.05.2020 and 29.05.2020, (wherein the Chief Minister, other Cabinet Ministers, and several Secretaries of various Departments were present), without informing and disclosing that his wife had tested COVID-19 positive.

The Petitioner contended that FIRs have been registered in different 2 Police Stations in district Haridwar and Uttarkashi under Sections 188 and 307 IPC, against common citizens for similar violations, though the law applies uniformly to all, and the fourth respondent is not above the law, no action has been taken so far to lodge a similar FIR against the fourth respondent, and the official respondents should be directed to take action against him since, by his act of participating in the Cabinet Meetings, the fourth respondent has violated the directions of the District Magistrate and the Chief Medical Officer, Dehradun as referred to in the said notice affixed at his residence on 20.05.2020.

Mr. Paresh Tripathi, learned Chief Standing Counsel for the State of Uttarakhand, while questioning the bonafides of the petitioner and his previous conduct, said that, when the notice was affixed outside his residence on 20.05.2020, the fourth respondent was not found COVID-19 positive. When the Court asked him who in that house was found COVID-19 positive, learned Chief Standing Counsel replied that it is the fourth respondent’s wife who was found COVID-19 positive resulting in such a notice being affixed outside the residence of the fourth respondent.

“As the Cabinet Meetings were, admittedly, held in Dehradun it is evident that the fourth respondent was also present in Dehradun. While the learned Chief Standing Counsel states that it is possible that the fourth respondent may not have resided in that house during the lockdown period, these facts can only be ascertained on the fourth respondent being put on notice, and his filing a counter affidavit presenting his version of these incidents”, said the bench.

Read the order here;

UTTARAKHAND-HC-ORDER

-India Legal Bureau

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