Amit Banerjee v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPPIL No. 27 of 2020 • Suo Moto WP(PIL) Matter Relates With Covid-19 Coronavirus Pandemic
1. State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Nava Raipur, Chhattisgarh
2. Secretary, Department Of Health And Family Welfare, Mantralaya, Nava Raipur, District Raipur, Chhattisgarh
3. Director General Of Police, State Of Chhattisgarh Police Head Quarter, Raipur, District Raipur, Chhattisgarh
4. The Union Of India Through The Secretary, Ministry Of Health, New Delhi
5. Drug Controller General India, Cdsco, Fda Bhawan, New Delhi
6. Director, national Pharmaceutical Pricing Authority, Ymca Cultural Central Building, 5th/3rd Floor, New Delhi.
7. South East Central Railway Represented By General Manager Bilaspur, Chhattisgtarh
8. Airport Authority Of India Represented By Airport Director, raipur Airport, Raipur, Chhattisgarh.
9. State Legal Services Authority Represented By The Secretary Bilaspur, Chhattisgarh.
WPPIL No. 36 of 2020 • Amit Banerjee S/o Shri Dhiraj Banerjee Aged About 39 Years R/o House No. 33, Capital Homes (Gt), Near Science Center, Behind Ambuja Mall, Police Station Vidhan Sabha, Raipur, Chhattisgarh,
1. State Of Chhattisgarh Through The Secretary, Department Of Home, Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur, Chhattisgarh
2. Director General (Prisons) Jail Headquarters Raipur, Chhattisgarh
3. Jail Superintendent Central Jail Raipur, District Raipur, Chhattisgarh
4. State Legal Service Committee, Through The Member Secretary, Old High Court Building, Bilaspur Chhattisgarh WPPIL No. 46 of 2021 • Varunendra Mishra S/o Late Shri Ramadhar Mishra, Aged About 41 Years Occupation Advocate, Practicing In The High Court Of Chhattisgarh At Bilaspur, R/o Bazar Chowk Yadunandan Nagar, Tifra, Bilaspur, District Bilaspur Chhattisgarh
1. State Of Chhattisgarh Through The Principal Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh.
2. The Additional Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Atal Nagar, New Raipur District Raipur Chhattisgarh.
3. Union Of India Through The Secretary Health And Family Welfare Department, Near Udyog Bhawan Metro Station, Maulana Azad Road, New Delhi 110011.
WPPIL No. 47 of 2021 • Vivek Kumar Tripathi S/o R.P. Tripathi Aged About 46 Years Occupation - Advocate, R/o Rohni Vihar, Bilaspur, District - Bilaspur Chhattisgarh.
• State Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh. ---- Respondent WPPIL No. 48 of 2021 • Tushar Dhar Diwan (Petitioner In Person) S/o Bhupesh Dhar Diwan Aged About 24 Years R/o Mahavir Ward, Bhatapara, District Bhatapara- Balodabazar Chhattisgarh
1. State Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mahanadi Bhavan, Mantralaya, Nawa Raipur Atal Nagar, District Raipur Chhattisgarh
2. Commissioner Health Services, Mahanadi Bhavan, Mantralaya, Nawa Raipur Atal Nagar, District Raipur Chhattisgarh
3. Union Of India Through The Secretary, Ministry Of Health And Family Welfare, North Block, New Delhi WPPIL No. 66 of 2021 • National Forum On Prison Reforms Through Its Convener, Vijay Raghavan S/o Late Shri P.K. Sundaram, Aged About 54 Years, Professor At Tata Institute Of Social Sciences, U.N. Purav Marg, Deonar, Mumbai (Maharastra)-
Organization Office Address- Pt- 62/26, Kalkaji, New Delhi110019.
1. State Of Chhattisgarh Through The Secretary, Department Of Home Affairs (Jail), Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur (Chhattisgarh)
2. Director General, Jail, Jail Head Quarter, Raipur, District Raipur Chhattisgarh
3. Jail Superintendent, Central Jail, Raipur, District Raipur Chhattisgarh
4. Jail Superintendent, Central Jail, Bilaspur, District Bilaspur Chhattisgarh
5. Jail Superintendent, Central Jail, Durg, District Durg Chhattisgarh
6. Jail Superintendent, Central Jail, Jagdalpur, District Bastar Chhattisgarh
7. Jail Superintendent, Central Jail, Ambikapur, District Surguja Chhattisgarh WPPIL No.27/2020 is an office reference.
For Petitioner in WPPIL No.46/2021:- Mr. Rakesh Pandey, Adv For Petitioner in WPPIL No.47/2021:- Mr. Soumitra Kesharwani, Adv on behalf of Mr. Awadh Tripathi, Adv Petitioner-in-person WPPIL No.48/2021:- Mr. Tushar Dhar Diwan For Petitioner in WPPIL No.36/2021:- Mr. N.Naha Roy, Adv For Petitioner in WPPIL No.66/2021:- Mr. Kishore Narayan, Adv For Respondent-State :- Mr. V.R. Tiwari, Addl.A.G.
with Mr. Chandresh Shrivastava, Dy.A.G.& Mr. Vikram Sharma, Dy.G.A.
For SLSA :- Mr. Ashish Shrivastava, Senior Adv with Mr. Rohishek Verma, Adv Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Hon'ble Shri Parth Prateem Sahu, J
Order On Board By Prashant Kumar Mishra, Ag. CJ 22/06/2021 WPPIL No.27 of 2020 & WPPIL No.46 of 2021
1. Heard.
2. I.A. No.92/2021 has been registered on an application moved by the District Bar Association, Bilaspur addressed to the State Bar Council with copy to the High Court seeking financial assistance for lawyers who were infected by COVID-19 pandemic or have suffered death as a result of such infection.
3. Let notice of this I.A. be issued to the State Bar Council, Chhattisgarh. Mr. Ashish Shrivastava, learned Senior counsel appearing for the State Legal Services Authority shall also obtain instructions from SLSA.
4. Mr. Rakesh Pandey, learned counsel appearing for petitioner in WPPIL No.46/2021 would submit that lawyers and their family members were vaccinated at the District Court premises, Bilaspur, and at other places, however, they have neither received any SMS nor any certificate of vaccination, therefore, they have no proof of being vaccinated.
5. In the affidavit filed by the State on 2.6.2021, a solemn statement was made that certificate of vaccination shall be issued promptly, however, the said promise has not been
adhered.
6. Let the Principal Secretary, Health & Family Welfare Department, Government of Chhattisgarh file an affidavit on this issue.
7. Mr. Shivang Dubey, learned counsel for the intervener submits that an intervention application has been preferred on 21.6.2021, seeking relief for continuation of the interim order/ interim relief passed by different Courts and Tribunals.
8. This I.A. shall be considered on the next date of hearing.
9. Post both the matters on 29.6.2021.
WPPIL No.47/2021
1. At the very outset, Mr. Soumitra Kesharwani, learned counsel for the petitioner submits that the petition has become infructuous.
2. In view of the submission made, the writ petition is dismissed as having become infructuous.
WPPIL No.48/2021
1. At the very outset, Mr. Tushar Dhar Diwan, petitioner-inperson submits that the petition has become infructuous.
2. In view of the submission made, the writ petition is dismissed as having become infructuous.
WPPIL No.36/2020
1. At the very outset, Mr. N. Naha Roy, learned counsel for the petitioner submits that the petition has become infructuous.
2. In view of the submission made, the writ petition is dismissed as having become infructuous.
WPPIL No.66 of 2021 Heard.
Issue notice to the respondents.
Learned State counsel shall accept notice for all the respondents. Therefore, process fee need not be paid. Post the matter on 29.6.2021.
Return shall necessarily be filed within a week. SD/- SD/- (Prashant Kumar Mishra) (Parth Prateem Sahu) Acting Chief Justice Judge Ayushi