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Division Bench passes slew of directions on COVID-19 related issues
4/29/2020 11:16:52 PM
Early Times Report

JAMMU, Apr 29: A Division Bench J&K High Court comprising Chief Justice Justice Gita Mittal and Justice Rajnesh Oswal while hearing a Public Interest Litigation on Covid 19 issued various directions to the government.
The applicant Saqib Amin Parray has sought directions to the respondents for grant permission to and facilitation for return of Kashmiris stranded at Jammu. It was submitted that the official respondents have permitted the Kashmir based High Court employees and their own employees to travel to Kashmir.
He submitted that arbitrary pick and chose policy is being followed in granting permissions. The submission is that a similar provision requires to be made with regard to all Kashmiri families as well and there is no justification for the discrimination. The Division Bench after pursuing the response Sanjeev Verma, Divisional Commissioner, Jammu submitting that it is as part of the scheme for containment of COVID-19, that inter-State and provincial movement of passenger traffic has been barred.
The DB said that each individual case has to be examined on its own merit. DB observed that a status report dated 20th April 2020 has been filed by Sajad Amin Shah, Additional Secretary to Government, Health and Medical Education Department informing this court that there is no shortage of technicians for carrying out COVID-19 testing in Jammu and Kashmir and the Guidelines issued by MOH&FW, Government of India and ICMR from time to time are being strictly followed.
The capacity of testing stands increased from 100 tests to 700 tests per day and is expected to increase to 1000 per day. COVID-19 testing facilities have been made available in five laboratories.
The DB observed that the Government of the Union Territory of Jammu and Kashmir is conscious of all its responsibilities and has undertaken all requisite steps which are being regularly reviewed. Everything possible to improve the testing is being undertaken and closed the application.
Division Bench observed that the report received from Director General of Prisons, Haryana regarding prisoners from Jammu and Kashmir who are lodged in Haryana has been placed before us. We are informed that 15 prisoners are lodged in District Jail, Karnal and 2 in District Jail, Jhajjar.
The DB further observed that in view of the above, it would appear that the jail authorities are conscious of the responsibility regarding the health and safety of the residents of the Jammu and Kashmir and Ladakh who are lodged in prisons in other parts of India. DB further directed that the DG Prisons shall continue to monitor their well being and ensure that the health and safety is not compromised in any manner.
Regarding release of Mian Abdul Qayoom, Division Bench observed that in response filed by Sr. AAG That High Powered Committee has taken a view that the release of a PSA detenu is not covered in the guidelines issued by the Supreme Court of India and therefore the request of the applicant for release cannot be considered by it.
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