SC stays Gujarat HC’s mask order, directs state govt to ensure vigorous adherence of Covid-19 rules

Earlier in the day, the Gujarat government had approached the apex court challenging the high court's order.

The Supreme Court Thursday stayed the Gujarat High Court order that made it mandatory for those violating the face mask rule to do community service at COVID-19 centres. The top court also directed the state government to ensure vigorous adherence of Centre’s COVID-19 guidelines on wearing masks and social distancing.

Earlier in the day, the Gujarat government had approached the apex court challenging the high court’s order.

On Wednesday, a division bench of Chief Justice Vikram Nath and Justice JB Pardiwala directed the government to “come out with a notification under the relevant statute” mandating community service for those violating Covid safety protocols, including face covering and social distancing.

“The duty should be non-medical in nature and can include activities such as cleaning, housekeeping, help in cooking and serving the food, preparation of record, data feeding, etc. The nature of the duties given shall be appropriately decided by the authorities, considering the age, qualifications, gender and health status of the violator,” the court had said.

The court stipulated that the community service should be for a period ranging between 5-15 days, as the authorities deem it fit, and for at least 4-6 hours a day.

In a detailed 13-page order, the bench also listed the benefits of imposing community service, stating, “The violators turn out to be a great resource for the state government/administration/non-governmental organisations. It provides an opportunity to the offender/violator to have a first-hand experience of the injuries caused or could be caused by him. It gives a constructive means of repairing the wrong done by him. It also gives an opportunity to the violator to improve and become more responsible.”

Gujarat HC’s direction came a day after the court said it found itself in a Hamletian dilemma over giving nod to the community service proposal. On Tuesday, the state government said that while it is keen on implementing the proposal, it would be a mammoth task to ensure proper implementation.

Gujarat reported 1,511 new Covid-19 cases on Wednesday, while another 1,570 patients were discharged across the state and 14 others succumbed to the infection. Ahmedabad city recorded 302 new cases and eight deaths. Claiming that Gujarat’s Covid-19 spread is under control with an improving trend, especially in the test positivity rate, the state government said that the test positivity which stood at 16.15 per cent as of August 13, has come down to 2.68 per cent as of December 1.

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