KUSH KALRA versus UNION OF INDIA AND ORS.

Citation: [2020] 12 S.C.R. 1133 · Decided: 09-12-2020 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Disposed off
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Judgment (excerpt)

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KUSH KALRA
v.
UNION OF INDIA AND ORS.
(Writ Petition (Civil) No.1213 of 2020)
DECEMBER 09, 2020
[ASHOK BHUSHAN, R. SUBHASH REDDY
AND M. R. SHAH, JJ.]
Disaster Management Act, 2005 – Posters affixed outside
residences of COVID-19 positive persons under home isolation –
Writ petition filed praying inter alia for quashing the said decision
of affixing posters – Held: Guidelines issued by Ministry of Health
and Family Welfare does not contain any requirement of pasting of
posters against the houses of COVID-19 patients – State
Governments and Union Territories can resort to such exercise only
when any direction is issued by the competent authority under the
2005 Act – Constitution of India – Art.32.
Disposing of the writ petition, the Court
HELD: 1. The guidelines dated 02.07.2020 issued by the
Government of India, Ministry of Health and Family Welfare
brought on record as Annexure ‘A’ to the affidavit dated
30.11.2020 of the Union of India does not contain any guidelines
regarding pasting of posters outside the residences of COVID-
19 positive persons rather Government of India, Ministry of
Health and Family Welfare has issued D.O. letter dated 19.11.2020
which has been brought on record by the Union of India. Although,
various submissions have been made by the petitioner in support
of the writ petition but in view of the guidelines issued by the
Ministry of Health and Family Welfare which are referable to
exercise of power by the authority under Disaster Management
Act, 2005 which does not contain any requirement of pasting of
posters against the houses of COVID-19 patients, the detailed
submissions need no consideration in the present writ petition.
The Union of India has already issued D.O. letter dated
19.11.2020 to guide the States and Union Territories, it is only
observed that no State or Union Territory is required to paste
posters outside the residence of COVID-19 positive persons, as
[2020] 12 S.C.R. 1133
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SUPREME COURT REPORTS
[2020] 12 S.C.R.
of now. The State Governments and Union Territories can resort
the above exercise only when any direction is issued by the
competent authority under the Disaster Management Act, 2005.
[Paras 11, 13][1137-E-F; 1138-E-H]
CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No.
1213 of 2020.
Under Article 32 of the Constitution of India
Tushar Mehta, SG, Chinmoy Pradip Sharma, Irfan Hasieb, Puneet
Taneja, B. V. Balaram Das, Rajat Nair, Shantanu Sharma, Gurmeet Singh
Makker, Chirag M. Shroff and Ms. Abhilasha Bharti, Advs. for the
appearing parties.
The Judgment of the Court was delivered by
ASHOK BHUSHAN, J.
1. This writ petition has been filed under Article 32 as Public
Interest Litigation. The petitioner prays for following relief in the writ
petition:
“A. Issue a writ of certiorari quashing the decision taken by
Respondent Nos. 4 to 38 of affixing posters outside residences of
Covid-19 positive persons who are under home isolation;
B. Issue a writ of mandamus directing Respondent Nos.4 to 38 to
issue appropriate Orders to ensure that its authorities put an end
to the practice of affixing posters outside residences of Covid-19
positive persons who are under home isolation;
C. Issue a writ of mandamus directing Respondent Nos.4 to 38 to
issue appropriate Orders to ensure that its authorities and officials
do not disclose the names of Covid-19 positive persons to any
person or resident welfare associations/neighbourhood welfare
groups/ apartment block groups etc.;
D. During the pendency of this Writ Petition, direct Respondent
Nos. 3 to 38 to issue appropriate Orders to forthwith stop the
circulation of names of Covid-19 positive persons in any Whatsapp
Group belonging to resident welfare associations/ neighbourhood
welfare groups/apartment block groups etc.; and
E. Pass such other and further orders as the nature and
circumstances of the case may require thought fit by this Hon’ble
Court.”
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2. In the writ petition although apart from Union of India, all the
States and the Union Territories have been impleaded as party
respondents, but we have not issued notice to the States and Union
Territories. Learned Solicitor General has appeared for Union of India,
respondent No.1 and has also filed an affidavit dated 30.11.2020.
3. This writ petition is being decided without issuing notice to
respondent Nos.2 to 38 after hearing the learned Solicitor General
appearing for Union of India.
4. The petitioner in the writ p
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