Observing that the absence of penal provision for violating Standard Operating Procedures (SOPs) may create problems with people showing disregard to these norms, the High Court of Karnataka on Friday asked both the State and Union governments whether the SOPs issued for various sectors were legally applicable to ensure proper enforcement.
If SOPs stipulated for restaurants and hotels, shopping malls, and places of worship/religious places in particular are not enforced properly as per the law to prevent congregations, it may lead to further spread of COVID-19, the court cautioned.
A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice E.S. Indiresh made these observations in its order on a PIL petition filed by the Letzkit Foundation.
“Stringent measures have been stipulated for allowing the public into places of worship/religious places, restaurants and hotels, and shopping malls. However, the question is whether their violators can be penalised. What legal force do the SOPs have? It appears that violation of SOPs has not been made an offence under the Disaster Management Act as SOPs are not part of the guidelines issued under the Act,” the Bench observed.
Asking the State government to come out with measures on how SOPs can be made legally enforceable, the Bench said this was an urgent matter as places of worships, restaurants, and malls have been thrown open to the public since June 8.
The Bench also pointed out that while restrictions have been imposed on the number of attendees at weddings and funerals, none have been prescribed for entry into religious places.
Referring to clauses in the SOPs on how to deal with suspected or confirmed cases of COVID-19 in restaurants, places of worship, and malls, the Bench said this appears to suggest that even suspected/confirmed patients may be given entry to the premises. The court asked the Centre to re-examine this provision.
Sarja’s death
Puttige R. Ramesh, counsel for the petitioner, pointed out that social distancing and other COVID-19 norms were thrown to the wind recently with the death of actor Chiranjeevi Sarja. The Division Bench asked the counsel to submit a memo with particulars so that the court can consider the issue.
