Vikram Nath, CJ
1. We have heard Mr. Kamal Trivedi, learned Advocate General along with Ms. Manisha Lavkumar, learned Government Pleader and Mr. Dharmesh
Devnani and Mr. Chintan Dave, learned Assistant Government Pleaders for the State respondents and Mr. Devang Vyas, learned Additional Solicitor
General for the Union of India.
2. This matter was taken up today pursuant to the order passed by the Chief Justice on 11.04.2021, which reads as under:
“1 The Division Bench presided by the Chief Justice on 06.04.2021 had a dialogue with the Senior most State Law Officers, learned
Advocate General and the learned Government Pleader expressing concern regarding the upsurge of COVID-19 cases in the State and
requesting the State to take appropriate measures in order to check & control the rise in COVID-19 cases and its management. The said
dialogue was widely reported in the media i.e. electronic, digital and print. It has been five days since. The newspapers, news channels are
flooded with the harrowing tales, unfortunate and unimaginable difficulties, unmanageable conditions of the infrastructure, the shortfall
and the deficit of not only testing, availability of beds, ICU, but also supply of Oxygen and the basic medicines like Ramdesivir, etc.
2. Had it been stray news here and there, I could have ignored it but the volume of report in the leading newspapers having nationwide
circulation cannot be ignored. It is the time that the Court must intervene. A list of the articles along with xerox copies published in the past
three days is a part of this order as ANNEXURE-A. Indian Express and Times of India reports have been attached considering my language
barrier.
The aforementioned articles are just a few depicting the picture and a bare perusal of the same would indicate that the State is heading
towards a health emergency of sorts.
3. Accordingly, I direct the Registry to register this as a suo moto fresh Public Interest Litigation titled “In Re : Uncontrolled Upsurge
and Serious Management Issues in COVID Control†by impleading (1) The State of Gujarat through its Chief Secretary, Gandhinagar, (2)
Principal Secretary, Department of Medical, Health and Family Welfare, Government of Gujarat, Gandhinagar,
(3). Union of India through the Secretary, Department of Home, Government of India, New Delhi, and (4) Secretary, Department of Health,
Government of India, New Delhi. For the present, copy of this order along with xerox copies of the news reports be served today in the
office of the learned Advocate General, learned Government Pleader and learned Additional Solicitor General by email and they may also
be informed telephonically.
FURTHER ORDER
Let a Bench comprising of Chief Justice and Justice Bhargav D. Karia be constituted at C.J. Residence, tomorrow i.e. on 12.04.2021 at
11.00 a.m. Link may be generated and forwarded to the learned Advocate General, learned Government Pleader and Shri Devang Vyas,
learned Additional Solicitor General of India. The proceedings of the Chief Justice Court are livestreamed .We would request the learned
Advocate General and learned Government Pleader to inform the top bureaucrats of the State to watch the proceedings subject to their convenience,
specially those impleaded in this petition.
3. Mr. Trivedi referring to various news reports attached with the aforesaid order, tried to justify the stand of the State and that the newspaper reports
were not accurate in reporting except for a couple of incidents where he admitted that the State or its agencies were at fault. We would require the
State to file an appropriate affidavit duly sworn by an officer of the rank of Principal Secretary placing the submissions advanced by Mr. Trivedi and
further steps which the Government may take in the meantime. Such affidavit may be filed latest by evening of 14.04.2021.
4. Mr. Devang Vyas, learned Additional Solicitor General appearing for the Union of India submitted that his submissions were already ready and he
would file the same within the aforesaid time.
5. Put up this matter again before us on Thursday, 15.04.2021. To be taken up at 11.00 a.m.
