State to respond in PIL: HC

INTRODUCTION 

On Friday, May 29, the Allahabad HC asked the State of Uttar Pradesh to file a counter affidavit in public interest litigation (PIL) urging to take measures to ensure proper sanitization and following social distancing rules in jail when the inmates are meeting outside visitors amid the COVID-19 pandemic. Advocate Pranjal Krishna, who stood for the petitioners, pleads for "directions to devise a mechanism to implement required safety measures to prevent the spread of COVID-19 in the Jails of Uttar Pradesh."

The Division Bench of Anil Kumar and Manish Mathur, JJ., took cognizance of the Public Interest Litigation petition that was filed asking for the enforcement of proper rules on social distancing and sanitisation in Uttar Pradesh jails. Initially, the State said that the plea was not maintainable, but the Court has ordered a counter affidavit to be filed within ten days, adding that the State can raise their objections in the affidavit regarding the 'non-maintainability' of the petition in the same.

In the PIL filed, the petitioners are asking the respondents to take proper steps and measures to make sure that the meeting of inmates with their deponents, family members, friends, and lawyers are done following the guidelines of social distancing and proper sanitization to protect the fundamental rights of the inmates. The Court also mentioned that the petitioner may also file a rejoinder affidavit within three days after a copy of the State’s counter is received by them, which will be helpful for the respondents to raise their objection regarding the maintainability of the petition. The matter shall be taken up on June 15, 2020.

The present petition has been filed with the following main relief:-

“(i) To issue a Writ, Order or Direction in nature of Mandamus thereby directing respondents to take proper steps and arrangements to as to ensure the meetings of inmates with their deponents, family members, friends and lawyers with immediate effect, while ensuring the guidelines of social distancing and proper sanitization issued in this regard by the competent authorities, to protect the Fundamental

Rights of the inmates;

(ii) To issue a Writ, Order, or Direction in nature of Mandamus thereby directing respondent(s) to devise a mechanism to ensure social distancing and sanitization norms along-with other such safety measures to prevent the spreading of the Corona Virus in the Jails of Uttar Pradesh."