Gujarat High Court’s direction to the State Government stayed by the Supreme Court

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On Wednesday, the High Court of Gujarat had issued a direction to the State Government to impose certain non-medical community service on those who violate the norms that rule wearing of facemask/covers as mandatory. It then asked the State Government to bring and put forth a policy that imposes penalty in the form of community service.

Following this direction, the State Government moved to the Supreme Court challenging the decision of the High Court.

Tushar Mehta, the Solicitor General contended that due to imposition of the said directive; health of those mandated to provide community service can be endangered. The Solicitor General further added that is not the right cure for the problem.

The High Court’s directive included violator to work and provide community service for about 4-6 hours a day, in a period of 5 to 15 days of range. This direction was issued by Bench of Hon’ble Chief Justice Vikram Nath and JB Pardiwala. Further, that the imposition of community service will be along with the fines that are already being imposed for flouting COVID-19 safety norms and protocol.

However, the Bench of Hon’ble Justices Ashok Bhushan, M.R. Shah, and R. Subhash Reddy found the submissions of Solicitor General substantial. The Apex Court then stayed in the direction of the Gujarat High Court.