Failure of Delhi Govt. Led to Spread Corona Virus’: A Plea filed In SC Seeking Investigation into Nizamuddin, ‘Anand Vihar Migrant Gathering Issues

Approach of Art.136 Cannot Be Adopted While Deciding Petitions by The High Court Under Art.227: SC

A plea has been filed before the Supreme Court seeking action against the Government of NCT of Delhi for its failure in containing the spread of coronavirus.

Prior Facts:

The plea mentions the previous facts as follows:

  • In the Anand Vihar incident, the plea mentions that despite the lockdown tens of thousands of migrant workers from Bihar and Uttar Pradesh assembled outside the Anand Vihar bus terminal seeking help to avail transportation facility to reach their hometown or village.
  • No action was taken by the government in this regard DTC buses dropped the workers at the terminal.
  • A similar process was repeated on 29th March as well which clearly shows the failure of the government to control people from coming out of their houses.
  • The plea also highlights the Nizamuddin Markaz incident which took place between 15.03.2020 and 17.03.2020 in which 2000 people participated and 24 people who attended the event tested positive.

Key Features:

  • The plea has been filed by Advocate on record Om Prakash Parihar and Advocate Dushyant Tiwarion behalf of Advocate Supriya Pandita.
  • The plea seeks an investigation by the Central Bureau of Investigation (CBI) into the matter related to the assembly of migrant workers at Anand Vihar bus terminal and at Markaz in Nizamuddin.
  • The PIL highlights the advisory issued by the government in the wake of the pandemic and social distancing measures.
  • It mentions that the PM of Indian had announced a nationwide lockdown for 21 days to prevent the spread of the virus.
  • The plea highlights two incidents in Delhi which contributed towards the spread of the virus and showed the incapacity of the Delhi government.
  • It stated that the Delhi government had purposely cut the electricity and water supply of migrant workers and the same requires inquiry from the CBI.
  • It added that the respondents, by not performing their duty violated Article 21 of the Constitution of India and provisions of Code of Criminal Procedure, 1973 and Indian Penal Code, 1860.
  • It was brought to the court’s notice that the respondent no. 2 i.e., Government of NCT of Delhi has also failed to arrest the Nizamuddin Markaz chief Maulana Saad, who had organized the event.
  • On these basis the following reliefs were sought:-

a. Directions directing the respondents to show that appropriate steps were taken by them to prevent the spread of the virus.

b. Directions directing the respondents and other concerned authorities to take sufficient steps to stop such gatherings.

c. Directions laying down strategy and guidelines to protect the fundamental rights of people.

d. Directions directing CBI to investigate in the above mentioned two incidents.

Legal Provision:

Article 21 in the Constitution of India 1949 -Protection of life and personal liberty

It states that: “No person shall be deprived of his life or personal liberty except according to procedure established by law”.

Judgement:

The petition has been listed before the SC on April 13.

Edited by J. Madonna Jephi

Approved & Published – Sakshi Raje

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Vaibhav Goyal is a 3rd year BA.LLB (H) student of UILS, Panjab University, Chandigarh, India. He also basically belongs to the “City Beautiful-Chandigarh”. He had interned and have work experience at various Central and State Government bodies of India including the National Human Rights Commission, New Delhi; the Central Information Commission, New Delhi; U.T. Legal Services Authority, Chandigarh, etc. His research projects includes the study on the Right to Emergency Services (PSHRC), Resettlement of Migrant People (NHRC), Implications of RTI in Financial Institutions (CIC), etc. His publications involve articles in different fields of law like administrative, jurisprudence, etc. on online journals including the Juscholars Blog, Burnished Law Journal, etc. His research paper on Prison Reform was published in the Panjab University Journal and his paper was selected in category of best abstract on the topic of Naxalism: A State of Lawlessness and Arbitrariness. He had scored well in various competitions of law consisting of Quiz, Essay Writing, Lecture, Declamation, etc. He had also participated in various conferences including the World Law Forum Conference on Strategic Lawsuits on Public Participation held in New Delhi on Oct 20, 2018 and the National Law Conclave 2020 held at Vigyan Bhawan, New Delhi on Jan 11, 2020.