Recording that the Bruhat Bengaluru Mahanagara Palike has failed in its obligation to effectively enforce the Standard Operating Procedure (SOP) to manage the containment zones, the High Court of Karnataka on Thursday appointed a senior IAS officer to supervise enforcement of SOP in around 5,500 such zones in the city.
The court directed G. Kumar Naik, Principal Secretary, Social Welfare Department, whose name was suggested by the State government, to issue necessary directions to the commissioner and other officials of the BBMP to ensure enforcement of the SOP.
A special Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Alok Aradhe issued the directions while hearing PIL petitions related to COVID-19 restrictions. Mr. Naik has to submit a report to the court on July 24.
The Bench noted that the BBMP did not take any step despite an assurance given by its commissioner, who was earlier summoned to the court on lapses in SOP enforcement.
Observing that it is a fit case where top officials of the BBMP should be prosecuted for contempt of court, the Bench said it was not taking action, since no purpose would be served in sending officials to prison as enforcement of SOP is more important.
Stating that it is a classic case for superseding the BBMP as per Section 99 of the Karnataka Municipal Corporation Act for failure to discharge its obligations, the Bench said it was not going to that extent considering the pandemic and the rise in the number of COVID-19 cases.
“We are conscious of the fact that machineries of the State government and the BBMP are working under pressure at the present situation. However, the need of the hour is an earnest effort to ensure effective implementation of SOP in CZs to prevent spread of COVID-19,” the Bench observed while pointing out that none of the affidavits filed by BBMP Commissioner B.H. Anil Kumar indicate that there is any desire to comply with the SOP.
Though BBMP on Thursday withdrew its earlier statement that movement of people in and out of containment zone is not strictly prohibited, the Bench found that the BBMP’s affidavit is silent on complete sealing of CZs and that it will strictly enforce norms of SOP in CZs. Also, the Bench noted that the BBMP till today has failed to identify persons needy of food packets or ration kits in CZs even though SOP specifically prescribe such a measure.
Meanwhile, the Bench said the BBMP cannot insist on production of documents by persons in need of food but documents can be insisted only for creating record for supplying ration kits.
