High CourtsDivision Bench(2020) 04 CAL CK 0005

Court On Its Own Motion Vs

Calcutta High Court · Decided on 8 April 2020

HON’BLE JUDGES
Thottathil B. Radhakrishnan, CJ · Dipankar Datta, J
CASE NUMBER
Writ Petitions (WP) No. 5324 (W) Of 2016

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Judgment

11 paragraphs · 437 words

We have received reports, all dated 07.04.2020, from the Tehsildar, Little Andaman, the letter petitioner, Mr. Kabir, learned advocate, the Monitoring Sub-Committee, Nicobar Group of Islands and the Chief Secretary, Andaman and Nicobar Administration. The same are taken on record.

Having perused the same and in particular the report of Mr. Kabir, the letter petitioner, we are more than satisfied that the directions contained in paragraph 21 of our earlier order dated 1st April, 2020 have been implemented in letter and spirit.

We further record our appreciation for the steps undertaken by the Administration as well as the Union of India to maintain essential supplies and medicines to the islanders as well as to ensure and protect their health.

Since we are informed that there has been no increase in the number of patients suffering from the dreaded virus, we further place on record our appreciation for the efforts undertaken by the medical as well as the para-medical staff in arresting further spread of the virus. We are sure that notwithstanding the crisis faced by those who are at the fore-front of the battle to combat the virus, efforts shall be continued in the right direction to the extent possible to ensure that no other islander is infected.

We also place on record our appreciation for the police administration in maintenance of strict vigil and adherence to social distancing norms.

We hope and trust that by the time we assemble next for the purpose of considering this application, all the concerns expressed by the letter petitioner would stand duly addressed by the civil administration as well as by all concerned.

Mr. Kabir, in course of his submission, invited our attention to paragraph 16(e) of his report, pertaining to Special Courts to deal with matters under the NDPS Act and the POCSO Act. Attention of Mr. De, Secretary (Law) was drawn to the concerns expressed by Mr. Kabir in such paragraph.

Mr. De has assured us that the administration, taking care of the concern, would issue appropriate order ensuring that the Judges-in-charge can examine urgent petitions under the NDPS Act, POCSO Act as well as other enactments requiring constitution of Special Courts that would come up in course of time before such Courts.

Having regard to such assurance extended by Mr. De, we do not consider it necessary to make any order at this stage.

Post this application on 29th April, 2020. In the meanwhile, the parties shall exchange the reports that have been filed before us.

Needless to observe, implementation of the directions contained in paragraph 21 of our earlier order shall be continued in right earnest.