SECTION III

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) No. 14818 OF 2020

WITH PRAYER FOR INTERIM RELIEF

WITH

INTERLOCUTORY APPLICATION NO. 126268 OF 2020

(APPLICATION SEEKING EXEMPTION FROM FILING CERTIFIED COPY OF THE IMPUGNED ORDER)

Process Id: 6/2021

OFFICE REPORT

The matter above mentioned was listed before the  Hon'ble Court, on 03rd  December, 2020  when the Court was pleased to inter-alia pass the following order:

"Special Leave Petition (C) No. 14818/2020

The matter is taken on board.

Heard Shri Tushar Mehta, learned Solicitor General appearing for the petitioner.

This special leave petition has been filed against the interim order dated 02.12.2020 passed by the High Court of Gujarat at Ahmadabad where certain directions have been issued in paragraph 13.

Shri Tushar Mehta submits that the guidelines of the Union of India, issued under the Disaster Management Act and the State of Gujarat which require wearing of masks by all persons in public and keeping social distancing have to be followed by all. He further submits that in the State of Gujarat there is direction for realization of fine of Rs.1000/- from those persons who are violating the guidelines by not wearing the masks in public places. He submits that the guidelines of the Union of India and the State of Gujarat had to be compulsorily followed and implemented but directions issued by the High Court in paragraph 13 are harsh and disproportionate. He further submits that in event the directions are implemented that may cause health issues to those who are subjected to aforesaid directions.

Finding substance in the submissions of Shri Tushar Mehta,learned Solicitor General, we stay the directions issued in paragraph 13 of the judgment dated 02.12.2020. However, we direct that the State of Gujarat through Additional Chief Secretary, Home shall ensure that the guidelines issued by the Union of India as well as the State of Gujarat requiring wearing of masks and keeping social distancing are vigorously implemented and the police officials and other administrative authorities may ensure that the guidelines are scrupulously followed and whosoever is found violating the guidelines, appropriate action be taken against such persons including realization of fine.

Issue notice.

Counter affidavit be filed within two weeks.

List the matter in the second week of January, 2021."

Accordingly, notice was issued to the sole respondent by registered post on 23rd December, 2020.   As per track report notice was delivered to sole respondent but no one has entered vakalatnama/appearance on his behalf so far.

Service of notice is complete.

The Petition alongwith application above-mentioned is listed before the Hon'ble Court with this Office Report.

Dated : January 09, 2021

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