SUSPEND PHYSICAL HEARINGS IN COURTS DURING CORONAVIRUS, COVID-19, PANDEMIC
SUSPEND PHYSICAL HEARINGS IN COURTS DURING CORONAVIRUS, COVID-19, PANDEMIC
The Issue
TO
THE HON’BLE CHIEF JUSTICE & HIS HON’BLE COMPANION JUDGES OF HON’BLE SUPREME COURT OF INDIA,
SUPREME COURT OF INDIA,
NEW DELHI
LETTER PETITION TO SUSPEND PHYSICAL HEARINGS OF THE COURTS AND TO RESTRAIN PHYSICAL APPEARANCES OF THE PARTIES DURING CORONAVIRUS, COVID-19, PANDEMIC IN INDIA
The Applicant humbly submits as follows:
1 The whole world is suffering from the Coronavirus disease 2019 (COVID-19), which is caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). As of 17 August 2020, more than 21.7 million cases have been reported across 188 countries and territories, resulting in more than 776,000 deaths. The individuals who afflicted with COVID-19 shows the common symptoms include fever, cough, fatigue, shortness of breath, and loss of smell and taste As per the relevant medical information available majority of COVID-19 positive cases result in mild symptoms, some progress to acute respiratory distress syndrome (ARDS) possibly precipitated by cytokine storm, multi-organ failure, septic shock, and blood clots. The time from exposure to onset of symptoms is typically around five days but may range from two to fourteen days. The virus is primarily spread between people during close contact, most often via small droplets produced by coughing, sneezing, and talking. It is most contagious during the first three days after the onset of symptoms, although the spread is possible before symptoms appear, and from people who do not show symptoms. The Complications may include pneumonia, acute respiratory distress syndrome (ARDS), multi-organ failure, septic shock, and death.
2 There are no vaccines nor specific antiviral treatments for COVID-19. Management involves the treatment of symptoms, supportive care, isolation, and experimental measures. The World Health Organization (WHO) declared the COVID‑19 outbreak a public health emergency of international concern (PHEIC) on 30 January 2020 and a pandemic on 11 March 2020. Local transmission of the disease has occurred in most countries across all six WHO regions.
(Source: https://en.wikipedia.org/wiki/Coronavirus_disease_2019
3 In the wake of the opening of the Lockdown in a phased manner, there is an excruciating rise of the COVID-19 cases across the country. As per the information available on the https://www.covid19india.org/ website, India, on 17 August 2020 has more than 24 Lakhs Corona Positive cases with more than 51,925 deaths recorded. Every day there is an addition of 50-60,000 new cases that are summing up in the total cases. India has performed 2.7 crores of testing which is less than 2 % of its total population. Besides, the Rapid antigen Testing, which comparatively gives false negative, has to be confirmed by the Real-time RT-PCR which is the gold standard frontline test for diagnosis of Coronavirus
4 Even after the recovery from COVID-19 various research articles and News articles has published that there may be the Long term of the COVID-19 even after the recovery. It has reported that some patients recover from COVID-19, have symptoms like fatigue, shortness of breath, muscle pain, confusion, headaches and even hallucinations It has reported that Complications such as stroke, intensive care unit delirium, post-traumatic stress disorder (PTSD), lung and heart damage and neurological issues may see a rise, as well as the development of long-term lung damage and fibrosis caused by acute respiratory distress syndrome (ARDS), which also affect other organs such as the heart, kidneys, and brain. The patients, who recovered from COVD-19 illness, have an increased risk of blood clots, which can potentially lead to a stroke or heart attack.
The weblink of the News are available at the following links:
5 Though Physical hearings in the Higher and Subordinate Courts across India has not been resumed, media houses, at various junctures, has published and reported that Hon’ble Judges and Court staff, too, even during the suspension of the physical hearing, have been infected by the COVID-19
i On 14 April, it has reported that Court employee died and Judge Tested Positive in Saket District Court, New Delhi
ii On 3 may 2020 it was reported in the news that, Hon’ble Justice AK Tripathi, a former Chief Justice of the Chhattisgarh High Court and member of Lokpal, had been in ICU at AIIMS and thereafter died due to Corona Virus
iii On 4 June 2020, it was reported that Judge in Rohini District Court are found to be COVID-19 positive
iv On 5 June 2020, it was reported that three Hon’ble Judges of Hon’ble High Court of Madras along with few Court staff were tested positive for Corona Virus
v On 6 June 2020, it was reported that two Judges of district civil and session Court in Kolkatta were tested positive for Corona Virus,
vi On 9 June 2020, it was reported that Khandwa district court in Madhya Pradesh shut after judge tests COVID positive
vii On 10 June 2020, it was reported that Judge at District Saket Court tests positive for Corona test
viii On 7 July, it was reported that Two Additional District and Sessions Judges (ADSJs), posted in Gurugram and Nuh, have tested positive for COVID. It was also reported that At least 500 judicial officers and their families and staff have been quarantined till that date
(https://www.tribuneindia.com/news/haryana/covid-hits-judiciary-two-judges-positive-in-haryana-109869
ix On 8 July 2020, it was reported that 2 more judges from Punjab, 11 officials of Nuh court-tested positive for Covid-19
x On 9 July 2020, it has reported that District Judge posted in Karkardooma District Court was tested positive for Corona Virus, COVID-19 and all the judicial officers and other officials posted under the jurisdiction of the East District were advised for self-quarantined
xi On 20 July 2020, it was reported that Additional Session Judge of Karkardooma Court tested Positive for Corona Test
xii On 10 August 2020, it was reported by the Tribune Newspaper, that Judge of District Court, Chandigarh tested Positive
6 The above list is/ or may not be exhaustive as there are reports which may or may not be published or may be available on the various web links. The Hon’ble High Courts of various states have passed the administrative orders/ directions vide their notifications/circulars to hold hearings through videoconferencing so that Judicial Officers and their court staff have the minimize exposure with the Advocates/ Litigants/ Police and the other personnel. Despite this, the innumerable cases, as per the media House publications, were reported which showed that the Ld. presiding officers and their court staff, even during the suspension of the Physical Hearings, have either get infected or advised for self-quarantined/isolation for several days, after coming contact with the corona positive
7 Nevertheless of these restrictions as imposed by the respective Hon’ble High Courts, the Advocates, Litigants, Accused who are on the bail, etc are much more vulnerable to get infected than the presiding officers and Court staff, as they, if the physical hearings resumed, have no option but have to travel either in the private or public transportations to attend the court hearings for their appearances and this, may, triggered the growth of the infections in the Courts and, thus, jeopardizing the risks of either being exposed if not infected or may spread the infections to others including Court staff, advocates and the other Litigants, if they remain asymptomatic carriers of the disease
Thus, it’s being prayed as well as in the public interest that the Physical form of the Court hearings to remain suspended across the Country during the pandemic of COVID-19, and to adopt other alternative measures, including virtual court hearings, to cut down the transmission of the COVID-19 disease through the courts and Courts complexes
THANKING YOU,
YOURS SINCERELY,
CITIZENS OF INDIA & OTHER SUPPORTERS
173
The Issue
TO
THE HON’BLE CHIEF JUSTICE & HIS HON’BLE COMPANION JUDGES OF HON’BLE SUPREME COURT OF INDIA,
SUPREME COURT OF INDIA,
NEW DELHI
LETTER PETITION TO SUSPEND PHYSICAL HEARINGS OF THE COURTS AND TO RESTRAIN PHYSICAL APPEARANCES OF THE PARTIES DURING CORONAVIRUS, COVID-19, PANDEMIC IN INDIA
The Applicant humbly submits as follows:
1 The whole world is suffering from the Coronavirus disease 2019 (COVID-19), which is caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). As of 17 August 2020, more than 21.7 million cases have been reported across 188 countries and territories, resulting in more than 776,000 deaths. The individuals who afflicted with COVID-19 shows the common symptoms include fever, cough, fatigue, shortness of breath, and loss of smell and taste As per the relevant medical information available majority of COVID-19 positive cases result in mild symptoms, some progress to acute respiratory distress syndrome (ARDS) possibly precipitated by cytokine storm, multi-organ failure, septic shock, and blood clots. The time from exposure to onset of symptoms is typically around five days but may range from two to fourteen days. The virus is primarily spread between people during close contact, most often via small droplets produced by coughing, sneezing, and talking. It is most contagious during the first three days after the onset of symptoms, although the spread is possible before symptoms appear, and from people who do not show symptoms. The Complications may include pneumonia, acute respiratory distress syndrome (ARDS), multi-organ failure, septic shock, and death.
2 There are no vaccines nor specific antiviral treatments for COVID-19. Management involves the treatment of symptoms, supportive care, isolation, and experimental measures. The World Health Organization (WHO) declared the COVID‑19 outbreak a public health emergency of international concern (PHEIC) on 30 January 2020 and a pandemic on 11 March 2020. Local transmission of the disease has occurred in most countries across all six WHO regions.
(Source: https://en.wikipedia.org/wiki/Coronavirus_disease_2019
3 In the wake of the opening of the Lockdown in a phased manner, there is an excruciating rise of the COVID-19 cases across the country. As per the information available on the https://www.covid19india.org/ website, India, on 17 August 2020 has more than 24 Lakhs Corona Positive cases with more than 51,925 deaths recorded. Every day there is an addition of 50-60,000 new cases that are summing up in the total cases. India has performed 2.7 crores of testing which is less than 2 % of its total population. Besides, the Rapid antigen Testing, which comparatively gives false negative, has to be confirmed by the Real-time RT-PCR which is the gold standard frontline test for diagnosis of Coronavirus
4 Even after the recovery from COVID-19 various research articles and News articles has published that there may be the Long term of the COVID-19 even after the recovery. It has reported that some patients recover from COVID-19, have symptoms like fatigue, shortness of breath, muscle pain, confusion, headaches and even hallucinations It has reported that Complications such as stroke, intensive care unit delirium, post-traumatic stress disorder (PTSD), lung and heart damage and neurological issues may see a rise, as well as the development of long-term lung damage and fibrosis caused by acute respiratory distress syndrome (ARDS), which also affect other organs such as the heart, kidneys, and brain. The patients, who recovered from COVD-19 illness, have an increased risk of blood clots, which can potentially lead to a stroke or heart attack.
The weblink of the News are available at the following links:
5 Though Physical hearings in the Higher and Subordinate Courts across India has not been resumed, media houses, at various junctures, has published and reported that Hon’ble Judges and Court staff, too, even during the suspension of the physical hearing, have been infected by the COVID-19
i On 14 April, it has reported that Court employee died and Judge Tested Positive in Saket District Court, New Delhi
ii On 3 may 2020 it was reported in the news that, Hon’ble Justice AK Tripathi, a former Chief Justice of the Chhattisgarh High Court and member of Lokpal, had been in ICU at AIIMS and thereafter died due to Corona Virus
iii On 4 June 2020, it was reported that Judge in Rohini District Court are found to be COVID-19 positive
iv On 5 June 2020, it was reported that three Hon’ble Judges of Hon’ble High Court of Madras along with few Court staff were tested positive for Corona Virus
v On 6 June 2020, it was reported that two Judges of district civil and session Court in Kolkatta were tested positive for Corona Virus,
vi On 9 June 2020, it was reported that Khandwa district court in Madhya Pradesh shut after judge tests COVID positive
vii On 10 June 2020, it was reported that Judge at District Saket Court tests positive for Corona test
viii On 7 July, it was reported that Two Additional District and Sessions Judges (ADSJs), posted in Gurugram and Nuh, have tested positive for COVID. It was also reported that At least 500 judicial officers and their families and staff have been quarantined till that date
(https://www.tribuneindia.com/news/haryana/covid-hits-judiciary-two-judges-positive-in-haryana-109869
ix On 8 July 2020, it was reported that 2 more judges from Punjab, 11 officials of Nuh court-tested positive for Covid-19
x On 9 July 2020, it has reported that District Judge posted in Karkardooma District Court was tested positive for Corona Virus, COVID-19 and all the judicial officers and other officials posted under the jurisdiction of the East District were advised for self-quarantined
xi On 20 July 2020, it was reported that Additional Session Judge of Karkardooma Court tested Positive for Corona Test
xii On 10 August 2020, it was reported by the Tribune Newspaper, that Judge of District Court, Chandigarh tested Positive
6 The above list is/ or may not be exhaustive as there are reports which may or may not be published or may be available on the various web links. The Hon’ble High Courts of various states have passed the administrative orders/ directions vide their notifications/circulars to hold hearings through videoconferencing so that Judicial Officers and their court staff have the minimize exposure with the Advocates/ Litigants/ Police and the other personnel. Despite this, the innumerable cases, as per the media House publications, were reported which showed that the Ld. presiding officers and their court staff, even during the suspension of the Physical Hearings, have either get infected or advised for self-quarantined/isolation for several days, after coming contact with the corona positive
7 Nevertheless of these restrictions as imposed by the respective Hon’ble High Courts, the Advocates, Litigants, Accused who are on the bail, etc are much more vulnerable to get infected than the presiding officers and Court staff, as they, if the physical hearings resumed, have no option but have to travel either in the private or public transportations to attend the court hearings for their appearances and this, may, triggered the growth of the infections in the Courts and, thus, jeopardizing the risks of either being exposed if not infected or may spread the infections to others including Court staff, advocates and the other Litigants, if they remain asymptomatic carriers of the disease
Thus, it’s being prayed as well as in the public interest that the Physical form of the Court hearings to remain suspended across the Country during the pandemic of COVID-19, and to adopt other alternative measures, including virtual court hearings, to cut down the transmission of the COVID-19 disease through the courts and Courts complexes
THANKING YOU,
YOURS SINCERELY,
CITIZENS OF INDIA & OTHER SUPPORTERS
173
The Decision Makers
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Petition created on 13 August 2020