The Punjab and Haryana High Court on Sunday dismissed a Public Interest Litigation against Chandigarh Administration’s decision to open up shops in the city amidst the curfew saying it was a policy matter. The Court said, “The order dated March 27, 2020 (UT Admn) is valid. It has been issued in large public interest. The scope of judicial interference in a policy matter is very limited.”
“The Chandigarh Administration has weighed all the pros and cons before taking the decision. We will not substitute our wisdom for the wisdom of the Administration during this crisis. Maintaining social distance is a sine qua non to control the disease. The Administration may also solicit opinion of the specialists of infectious communication diseases, while taking a decision,” the Court said.
“Accordingly, the petition is disposed of with an observation that the Administration may lay down the parameters of social distancing at the time of distribution of essential items and also, to monitor and regulate the same by taking stringent actions against the violators,” the Court order further stated.
The petition was filed by a local lawyer, Adityajit Singh Chadha, challenging UT Administration’s decision to relax the curfew between 10am and 6pm, which came into force on Saturday. The decision was taken after four days of curfew as door-to-door supply of essential commodities failed miserably. Senior Advocate Bikramjit Singh Patwalia, appearing on the behalf of petitioner, submitted that specific parameters qua the social distancing be laid down and notified.
The UT Administration submitted in the Court, “A curfew was imposed on March 23.The Chandigarh Administration tried hard to ensure continuation of supplies of essential items.
The senior officers were assigned the task to ensure availability of essential items.
The buses of Chandigarh Transport Undertaking were used to provide food and vegetables.