New Delhi: The Supreme Court stayed Thursday the Gujarat High Court direction asking the state to forthwith come up with notification that any person found to be not wearing face mask in public place or violating social distancing norm be mandated to do community service at COVID-19 care facilities.
A bench headed by Justice Ashok Bhushan pulled up the state authorities for not implementing the COVID-19 guidelines issued by the Centre as well as Gujarat government. It said there is ‘total lack of will’ in enforcing these measures.
The apex court, while considering the submissions of Gujarat government which said that directions issued by the high court are ‘harsh and disproportionate’, observed that persons without face masks and those not following social distancing norms are violating the fundamental rights of other and authorities must ensure that guidelines are strictly implemented.
“The problem is that there is no implementation of guidelines. There is total lack of will so far as implementation part is concerned. There are large gatherings, what the police are doing,” said the bench, also comprising Justices RS Reddy and MR Shah.
Solicitor General Tushar Mehta, appearing for Gujarat government, told the bench that there is problem in almost every state that people are not wearing masks and not following social distancing norm but ‘probably this is not the solution’.
“Sometime, the cure is worse than the disease,” Mehta he said, adding, ‘harm of not wearing a mask is much less than sending the person to a COVID centre’.
The top court was hearing the appeal filed by Gujarat government against the December 2 interim order of the high court which had relied on the principle of community service and had passed several directions.
“Finding substance in the submissions of Tushar Mehta, Solicitor General, we stay the directions issued in paragraph 13 of the judgment dated December 2, 2020,” the bench said in its order.
“However, we direct that the state of Gujarat through Additional Chief Secretary, Home shall ensure that the guidelines issued by the Union of India as well as the state of Gujarat requiring wearing of masks and keeping social distancing are vigorously implemented and the police officials and other administrative authorities may ensure that the guidelines are scrupulously followed and whosoever is found violating the guidelines, appropriate action be taken against such persons including realization of fine,” the bench said.
It issued notice to one Vishal S Awtani, on whose plea the high court had issued a slew of directions, seeking his response on the appeal filed by the state and posted the matter for hearing in the second week of January.