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Covid-19 court case: Govt. told to act on grievances

Published on Jul 25, 2020

By EMN

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Our Correspondent
Kohima, July 25 (EMN): The Gauhati High Court has disposed of litigation on public grievances that arose out of the Covid-19 situation in Nagaland referencing misappropriation of public funds, lack of transparency, and disparity of funds allocation to the state’s districts.

The court said the government should consider the petition a representation.

Accordingly, the Kohima bench of the Gauhati High Court has on July 23 directed the respondents "to consider and act on the representation of the petitioner as may be required under the prevailing facts and circumstances mentioned in the petition itself."

The court added: ‘Taking into account the relevant rules and the circumstances in which the people of the state are at present in view of the spiralling increase in the spread of infection of Covid-19, we are of the opinion that the respondents should consider the petition as representation and act as deemed fit and reasonable in the public interest as they are required to do.’  

A Public Interest Litigation (PIL) portraying the public grievances arising out of the situation that arose due to the Covid-19 infection in the state was filed with the court by one Lhuphrevilie Rino, a permanent resident of Jostosma village, Kohima district.

The petitioner filed the PIL against the State of Nagaland represented by chief secretary and eight others including principal secretary, department of Health and Family Welfare and seven others from the directorate of Health and Family Welfare. The seven included principal director, Mission director, director (health) designate, additional director (purchase), deputy director (store), deputy director (IDSP), and senior account officer.

One of the public grievances that the petitioner has portrayed in the petition is that there has been rampant misappropriation of public funds meant for fighting the Covid-19 pandemic.

It also stated that "low quality goods have been procured for use in fighting the Covid-19 pandemic that too without issuing NIT."

Further, the PPEs have not been provided to frontline workers of the departments responsible in tackling the spread of Covid-19 in the state.

The petitioner also portrayed that there is lack of transparency in the utilisation of state resources in fighting the spread of Covid-19 and there has been disparity in the distribution of funds allocated for fighting Covid-19 among the districts.

In the order, the court stated that after appearing on the receipt of notice, the respondents have filed preliminary objection to the PIL stating that the provision of Rule 10 (i) (g) of the Gauhati High Court (PIL) Rules 2011 have not been complied with.

However, the petitioner's advocate Vimeno submitted that the PIL was filed under extraordinary circumstances for the welfare of the people of the state.

"In case the respondents fail to act as prayed for in the petition or as may be required, the petitioner can always come back before this court. Needless but the respondents should act within a reasonable and appropriate time," it stated.