COVID-negative report will be made mandatory for all, govt tells court
Panaji: The High Court of Bombay at Goa on Tuesday slammed the North and South District Magistrates (DM) for passing orders allowing some sections of people entry into Goa without a COVID-negative certificate contrary to the High Court’s interim order dated May 6.
The High Court, however, accepted the Advocate General’s statement that both the DMs will modify the order thus barring everyone from entering the state without a COVID-negative certificate obtained within 72 hours before entering the state, except for medical emergencies.
The High Court division bench comprising Justice M S Sonak and Justice Nitin W Sambre said, “The District Magistrates were bound by our order and could not have by themselves or otherwise modified our order or refused to comply with our orders. Fortunately, even the Advocate General for state of Goa does not defend the action of the District Magistrates and states that by today evening, necessary amends will be made in the orders issued by District Magistrates so that the orders are entirely consistent with our interim directions. The statement is accepted and the District Magistrates are directed to act accordingly.”
The High Court observed, “On May 6, 2021, we had issued an interim order to the state administration to ensure that no persons are permitted entry into the state unless they possess a negativity certificate obtained within 72 hours from the time they seek entry into the state. We had also granted the state administration liberty to file a detailed affidavit and also urged that this order be modified or varied. However, it was made clear that until this interim order is modified, a negativity certificate will be a must for entry into the state of Goa.”
“Despite the aforesaid, the District Magistrates of North Goa and South Goa have issued orders dated May 8, 2021 covering several aspects, including inter alia the aspect of entry of persons into the state of Goa,” the High Court said.
The DMs orders had permitted entry in Goa to people who are residents of Goa or are entering Goa for work or who have with them the full vaccination certificate or COVID negative test report for a test done a maximum of 72 hours prior to entering in Goa will be permitted.
The High Court said, “The aforesaid means that despite our clear and unambiguous order dated May 6, the two District Magistrates either on their own or otherwise, have proceeded to carve out exceptions in favour of residents of Goa entering into the state, persons entering Goa for work and persons who have vaccination certificate. Thereafter, by yet another order dated May 9, 2021, the District Magistrates have carved out an exception for persons entering Goa for a medical emergency on production of proof or coming in an ambulance.”
“However, according to us, an exception can be made in respect of persons entering in Goa for medical emergency on production of proof or those who are coming in an ambulance. Therefore, we grant liberty to make such exception in the orders, which will be issued by this evening,” the High Court said.
The High Court once again reiterated the interim order but retained the liberty to the state administration to file a detailed affidavit and urge variation or modification. “We once again make it clear that the two District Magistrates are at liberty if they choose to make amends to their orders. In fact, the Advocate General has stated that such amends shall be made this evening. Irrespective of whether such amends are made or not, from the midnight intervening 11th and 12th May 2021, the state administration shall ensure that no person who does not possess a COVID negativity certificate based on a test done a maximum 72 hours before seeking entry into Goa, will be permitted to enter into Goa. The only exception shall be for persons entering in Goa for medical emergency on production of proof or those who are coming in an ambulance.”
On the issue of supply of oxygen, the High Court said, “We are of the opinion that the affidavits explaining the actual position at the hospitals will be necessary in order to enable us to appreciate the issue. The learned Advocate General states that the Dean, Goa Medical College and the director of health services will file such affidavits by tomorrow, explaining the position of supply of oxygen at the Goa Medical College Hospital and the South Goa and North Goa District Hospitals, as also at the ESI Hospital. We suggest that the director of health services obtain inputs from the nodal officers at these facilities and file an affidavit before us. The affidavit to indicate whether lack of oxygen supply continues to be the cause for any casualties. The affidavits to also give particulars about ventilators, HFNO machines, etc in the context of supply of oxygen. The affidavits to be filed by tomorrow so that the matter can be considered on this aspect.”
The High Court has also directed the representative of the GARD to file an affidavit on the issue of supply of oxygen at the various facilities where their members are called upon to discharge their duties.
Public interest litigations have been filed before the High Court seeking directions to the government for effective COVID management in view of the rising number of COVID-linked deaths and the spiralling cases.