Page 112 - GSTL_21st May 2020_Vol 36_Part 3

358 GST LAW TIMES [ Vol. 36
the photographs sent by the Learned Counsel for the Petitioners through e-mail,
pertaining to the present condition of the rooms in the Special Camp and the in-
mates staying there, this Court intended to ascertain the veracity of the same.
Accordingly, one S.N. Suthanthira Rajan, Special Deputy Collector was connect-
ed through WhatsApp Video call today, and he took this Court to the maximum
areas of the Special Camp in Tiruchirapalli District. After watching the same, this
Court is able to visualize that, the Special Camp is maintained neatly and there
are no stains in the Toilets.
18. When sufficient space is available in the Special Camp in Tiruchira-
palli District to accommodate 80 persons and that, only 73 inmates are staying
there, this Court is of the view that, photographs furnished by the Petitioners to
the effect that, more number of persons are detained in a single room without any sign
of social distancing, have been taken by the Petitioners only for the purpose of this
case. By doing so, Petitioners are inviting diseases and none can be blamed for
their act. The cluster in the room is the act of the inmates and not on account of
the Respondents.
19. As regards the argument advanced by the Learned Counsel for the
Petitioners that, in the remand Application, residential address of the Petitioners
have been furnished to the 2nd Respondent, this Court is of the view that, the
same cannot be gone into at this stage. This Court is not an Investigating Agency
to ascertain as to whether the address furnished by the Petitioners, is correct or
not.
20. In cases of detention, the concerned State Government has to take a
decision, and Courts cannot step into their shoes. Law is equal to everyone, be it
an innocent or a criminal. Right of liberty and the right to live are guaranteed to
every person in this Country under Article 21 of the Constitution of India.
21. It is pertinent to note that, none detained in the Special Camp in
Tiruchirapalli District is infected with COVID-19. If the Petitioners are released
and sent out to live in the address mentioned in Kancheepuram District, and af-
ter a few days, assuming that, they are tested positive for COVID-19 on account
of shifting them, then, the entire area in which they reside will be sealed, and
chances of spreading the virus to other people residing in Kancheepuram Dis-
trict, will be high. Instead of eradicating the pandemic, the Court will directly be
responsible for spreading the virus to innocent persons.
22. Furthermore, when there are other persons quarantined with the
Petitioners in the Special Camp in Tiruchirapalli District, a different yardstick
cannot be applied to the Petitioners alone. This will not only set an unfair prece-
dent, but will also open the pandora’s box, paving way to other persons detained
in the Special Camp in Tiruchirapalli District to approach this Court for similar
orders. Ultimately, the State machinery will crash.
23. It appears that, the Petitioners herein are unable to realize the con-
sequences of the prevailing pandemic. When the Central and State Governments
are taking effective steps to prevent further spread of COVID-19, public, as re-
sponsible citizens must extend utmost co-operation to the Government in eradi-
cating this pandemic and shall not try to disrupt the functioning of the Govern-
ment. We must realize that, the battle is between human beings and nature; unless hu-
man beings sail with the nature, nature alone will win the war.
24. At this juncture, Learned Government Pleader appearing for Re-
spondents 1, 3 and 4, pleaded that, instead of shifting the Petitioners from the
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