[COVID 19] Supreme Court Stays Gujarat HC's Order of Imposing Penalty of Community Service

Gujarat HC had suggested community service for people failing to wear masks

The Supreme Court on Thursday halted the Gujarat High Court's order directing Gujrat government to impose community service at Covid19 centre as a measure for those caught without a face mask.  

As per the directions given by Gujarat Hiigh Court, a penalty of community service would have operated alongside the stipulated fine. 

This order by the apex court was passed in response to the Special leave petition filed by the state of Gujarat against Gujarat High court's judgment dated 02/12/2020 whereby, the Hon'ble High Court had directed state government to come up with a policy to compulsory provide non-medical community service at COVID-19 centre, on being caught violating mandatory norms of wearing face covers/masks. 

Earlier, the bench of Chief Justice Vikram Nath and JB Pardiwala of Gujarat HC had suggested that a violator would be expected to provide community service of around 4 to 6 hours a day for a period of 5 to 15 days. The bench had also said that that the penalty of community service will operate alongside the fine of rupees 1000 which is presently imposed for the violation of the COVID-19 safety norm.   

High Court’s order will lead to health issues for those providing community service 

Appearing by the side of petitioner, Solicitor-General Tushar Mehta argued before the Court that though not wearing a mask in such a grave situation is intolerable, still the order passed by the High Court is judicially unmanageable and has no authority of law. He also contended that this order will lead to health issues for those providing community service. 

"Sometimes cure is more dangerous than prevention itself. Of course, the mask should be worn but this is not the cure," the Solicitor-General said. 

Not wearing a mask violates the fundamental rights of another person: Supreme Court 

The three-judge bench of Justices Ashok Bhushan, MR Shah, and R Subhash Reddy was of the view that not wearing a mask in this unprecedented time not only amounts to a violation of mandatory norms but it violates the fundamental rights of another person. SC called the Gujarat High Court order disproportionate suspecting that it might lead to health problems. Although The Supreme Court agreed that violaters must be penalised for not wearing a mask but it stayed the imposition of community service.

The Court further instructed all state governments to suggest Covid-19 safety norms while directing the respondent to file a reply within four weeks.