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Judgment
Abhay S. Oka, CJ
The first prayer in this petition is for quashing the order passed by the respondent No.4 allowing super markets to function 24x7. The respondent
No.4 is the Director General and Inspector General of Police. The submission of the petitioner appearing in person is that if the super markets are
kept open 24x7, large number of people will enter the super markets and will touch the articles which are displayed for sale. This will result in spread
of Covid-19. Her submission is that the working hours of super markets will have to be restricted.
The second objection in the writ petition is for permitting the use of Bangalore Metropolitan Transport Corporation (BMTC) buses for facilitating
transport of people for ensuring that a provision is made for rendering essential services. Her submission is that cleanliness is not maintained in BMTC
buses and if permission to travel is granted to 20 passengers in a bus, it will again result in spread of Covid-19 and therefore, number of passengers
should be reduced.
As far as first prayer is concerned, it cannot be disputed that in lockdown period, it is the duty of the State Government and Central Government to
ensure the uninterrupted supply of grocery and other essential articles to the citizens. Depending upon the circumstances and local situation, it is for
the Authorities of the State to take a decision regarding the time during which grocery shops and super markets can be kept open. The State
Government can always issue directions for strictly observing social distancing and other norms. Prayer (a) concerning the decision to keep open
super markets 24x7 relates to purely a policy decision. We do not find anything arbitrary in the said policy decision and therefore, no interference is
called for by this Court in writ jurisdiction.
As regards the second prayer regarding use of 180 BMTC buses for transportation of persons for ensuring that a provision is made for rendering
essential services, it cannot be disputed that for the Government employees and for the employees of the local authorities, who are working in the
Departments providing essential services, transport arrangement has to be made by the Authorities. It is obvious from Annexure ‘D’ that
necessary measures are being taken for maintaining social distancing while traveling is allowed by BMTC buses. It is stated in Annexure ‘D’
that only 20 passengers can travel by BMTC buses at a time.
Needless to add that all precautions will have to be taken while operating the buses and norms of social distancing will have to be strictly observed.
However, we do not find per se anything wrong, arbitrary or illegal in the decision taken to allow BMTC buses to be used for transportation of
persons who are connected with providing the essential services. Therefore, no case is made out to entertain this petition and the same is accordingly
disposed of.