Lawstreet Journal

"Lockdown was imposed unexpectedly; immigrant workers had no money and food yet thrown in prison": Gujarat High Court

Lawstreet Journal 20 Aug 2021 12:38am

Image courtesy: Lawstreet Journal Judiciary "Lockdown was imposed unexpectedly; immigrant workers had no money and food yet thrown in prison": Gujarat High Court

The Gujarat High Court has stated that during the initial phase of COVID, just after abrupt installation of Lockdown, a lot of migrant labourers struggled since they were imprisoned for rioting/lockdown breaches simply because they attempted to return home, even though they had no bread or income.

The Bench of Justice Paresh Upadhyay indicated: "There was a spontaneous enforcement of Lockdown, due to the emerging scenario at that particular moment in time, and we are nowhere to remark on it.  Migrant labourers had no rations, no food, and stores were open, and they intended to return home, but almost all of them were arrested, and I had dealt with a number of such bail petitions... Would they be the perpetrators or the victims?"

Conversely, even during second phase of COVID (in April 2021), individuals had difficulty obtaining Remdesivir injections, and they were abandoned in that condition to cope with on their own, according to the Court, and there were initiatives to distract audience attention.

"The market for Remdesivir was at an all-time high during the Second Phase, yet you constructed a decoy (to apprehend those selling Remdesivir), but did you manage to make plans for it?" the court asked the Government's attorney.

During the second phase of Covid-19, the Gujarat High Court confronted the State Government about using the Prevention of Anti-Social Activities Act, 1985 (PASA) in situations of unlawful acquisition and distribution of Remdesivir injections.

The Panel also questioned the use of FIRs and the application of PASA… Continue Reading...

Tagged: Gujarat High Court   Corona Updates  
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