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TEAM CODE PIL-04 (Year of Competition- 2020)

IN THE HON’BLE SUPREME COURT OF GOTHAM

EXTRAORDINARY WRIT JURISDICTION
WRIT PETITION (CIVIL) NO._________ OF 2020
(PUBLIC INTEREST LITIGATION)

In the matter between;

Sanitize and Stay Hygienic ... Petitioner

Versus

Union of Gotham & Ors. ...Respondent(s)

A WRIT PETITION UNDER ARTICLE 32 OF THE

CONSTITUTION OF GOTHAM IN THE NATURE OF
PUBLIC INTEREST LITIGATION FOR ISSUANCE OF A
WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT AGAINST THE RESPONDENTS
THEREBY PRAYING BEFORE THIS HON’BLE COURT
TO ISSUE DIRECTIONS FOR URGENT-EFFECTIVE
MEASURES IN LIGHT OF COVID-19 OUTBREAK

In the matter between

Sanitize and Stay Hygienic (SASH)

Through its president Mr XYZ ABC

R/O 123-BZ, G park, Dew Nelhi-Gotham

...Petitioner

Versus

1. Union of Gotham
Through The Secretary, Home Department
2. Ministry of Health & Family
Welfare, Government of
Gotham
3. National Disaster
Management Authority,
Gotham
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4. Ministry of Information &

Broadcasting, Government of
Gotham
5. Ministry of Science &
Technology, Government of
Gotham
...Respondents

To,
Hon’ble Chief Justice of Gotham And
Other Companion Judges Of
The Hon’ble Supreme Court of Gotham

Humble Petition of the Petitioner Above Named.

MOST RESPECTFULLY SHEWETH:-

1. That the present Petition under Article 32 of the

Constitution of Gotham is being filed by way of public interest
litigation and the petitioner has no personal interest. The Petition is
being filed in the interest of the citizens of Gotham in order to
protect their fundamental rights. That the petitioner is a registered
NGO headquartered at Sanitize Bhavan, Dew Nelhi-Gotham. The
e-mail id of the Petitioner is [email protected] and Mobile phone
number is 999009900X. The annual income of the Petitioner is
GNR 5,00,000. PAN Card and Gaadhar Card numbers of Petitioner
are ABCD1234C and 12673874268 respectively. Sanitize and Stay
Hygienic (hereinafter, SASH) is a leading NGO in the field of
primary hygiene, health and sanitization since 1998. SASH works
with the Governments and society at large in implementing
healthcare, immunization and vaccine plans and also has played a
role in the Polio Vaccine drive in past. That the petitioner had
earlier filed a public interest litigation in this Hon’ble Court with
regards to the taxation of sanitary pads.
2. The petitioner has no personal interest or private/oblique
motive in filing the instant petition. There is no civil, criminal,
revenue or any litigation involving the petitioner, which has or
could have a legal nexus with the issues involved in this PIL.
3. The petitioner has not made any representations to the
respondent in this regard because of the extreme urgency of the
matter in issue. That the instant writ petition is based on the
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information/documents which are in the public domain. The

Petitioner has no personal or political interest of any kind except
the prosperity of the nation and the integrity of the nation’s
administrative and legal processes aspiring for the welfare of
humanity as a whole. That the petitioner is filing this Writ Petition
on its own volition and it shall be liable to pay costs as ordered by
this Hon’ble Court in the event it is found out that this petition is
filed for any personal gain or oblique motive.
4. That the instant Writ Petition is filed without any delay or
laches and there is no legal bar in entertaining the same. The
petitioner has no other alternative or efficacious remedy except to
file the present Writ Petition under Order XXXVIII Rule 12 of The
Supreme Court Rules, 2013, before this Hon’ble Court, by
invoking Article 32 of the Constitution of Gotham.
5. That the petitioner seeks exemption from filing duly
affirmed affidavit in the prevailing circumstances with an
undertaking that deficit court fees will be paid subsequently. The
petitioner further undertakes that the matter may be taken up
through the Video Conferencing mode.
6. That the facts of the case, in brief, are as follows:
6.1 The Petitioner humbly states and submits that the spread of Novel
Coronavirus i.e. COVID-19 across the world is raising alarms,
infecting millions and causing thousands of deaths.
6.2 That according to World Health Organization i.e. WHO, COVID-
19 is the infectious disease caused by the most recently discovered
coronavirus. This new virus and disease were unknown before the
outbreak began in the Divided States around December 2019.
6.3 By January 30, 2020, the World Health Organisation (WHO)
declared a new coronavirus which causes an illness known as
COVID-19 as a global emergency that has now spread to at least
185 countries globally. More than 1,38,101 people have died and
about 20,81,969 people are infected
6.4 That present public interest litigation is being preferred by
petitioner out of growing concern of the unprecedented pandemic
COVID-19 which is posing a grave threat of deadly infection
among the population of the country. It is admitted fact that our
health infrastructure is dangerously outstretched, understaffed and
under-resourced. This pandemic is dangerously devouring the life
of the citizen of the country at the extraordinary rapidity with
extraordinary fatalities.
6.5 The Petitioner most respectfully submits that according to WHO,
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We are in unchartered territory. We have never seen before a

respiratory pathogen that’s capable of community transmission but
at the same time, which can also be contained with the right
measures. If this was an influenza epidemic, we would have
expected to see widespread community transmission across the
globe by now and efforts to slow it down or contain it would not be
feasible, but containment of COVID-19 is feasible and must
remain the top priority for all countries.
6.6 The Petitioner most respectfully submits that the World Health
Organization (WHO) in its Report of the WHO-Divided States
Joint Mission on Coronavirus Disease 2019 (COVID-19) notes
that ‘the COVID-19 virus is a new pathogen that is highly
contagious, can spread quickly, and must be considered
capable of causing enormous health, economic and societal
impacts in any setting. It is not SARS and it is not influenza.
Building scenarios and strategies only on the basis of well-known
pathogens risks failing to exploit all possible measures to slow
transmission of the COVID-19 virus, reduce disease and save
lives. The novel nature, and our continuously evolving
understanding, of this coronavirus, demands tremendous agility in
our capacity to rapidly adapt and change our readiness and
response planning.’
6.7 That health care workers are at the front line of the COVID-19
outbreak response and as such are exposed to hazards that put them
at risk of infection. Such hazards include pathogen exposure, long
working hours, psychological distress, fatigue, occupational
burnout, stigma, and physical and psychological violence etc.
6.8 That on 14.03.2020 an article titled ‘Is Gotham testing enough for
coronavirus’ published by the Scroll.in reported that Gotham has
tested the lowest number of persons for COVID-19, estimated
around 5900 persons (as of 13.03.2020), as compared to other
countries. It reported opinion of experts stating the Gotham’s
narrow criteria for testing as being the reason for low figures for
COVID-19.
6.9 That World Health Organization (WHO) issued interim guidance
on 19.03.2020, titled as “Coronavirus disease (COVID- 19)
outbreak: rights, roles and responsibilities of health workers,
including key considerations for occupational safety and health”
for standardizing the rights, roles and responsibilities of health care
workers globally. The Respondents herein have failed in
addressing the serious concerns relating to imminent and extreme
risks posed to the health and safety of medical personnel
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throughout the territory of Gotham, amidst the currently persisting

and ever-escalating spread of the COVID-19 pandemic.
6.10 That on 19th March 2020, the Prime Minister addressed the nation
for the first time after the outbreak of the Coronavirus and called
for a self- imposed Janta Curfew on March 22, 2020. Thus, though
by 19th March, the government was fully aware of the gravity of
the disaster, without putting in place adequate measures to mitigate
the consequences on doctors-nurses, students, migrant workers and
whole health infrastructure readiness a sudden and total nationwide
lockdown was declared on the 24th of March. On the 24th March,
vide order no. 4O-312O20-DM- 1(A) the Government via the
Ministry of Home Affairs issued an order directing nationwide
lockdown for 21 days. That the said lockdown has thereafter been
extended till 3rd May 2020.
6.11 That on 23.03.2020 An article published in the World Economic
Forum reported that people with mild or no symptoms could be
spreading COVID-19. As many as six in 10 people infected with
coronavirus may be unaware that they have the disease, according
to a number of papers studying the outbreak. Researchers suspect
there is an undetected pool of people who have mild or no
symptoms, according to an article in Nature. That is because an
increasing number of infected people have not travelled to
epidemic hotspots, or come into contact with people with
confirmed cases of COVID-19. This is different from unreported
cases, those that are missed because authorities are not carrying out
enough tests or people in the early stages of the virus who are not
yet showing symptoms but could still be contagious.
6.12 That on 24.03.2020 An article published in Germany’s
International Broadcaster Deutsche Welle (DW) reported that up to
30% of the cases of coronavirus are asymptomatic.
6.13 That even though there is a nationwide lockdown and a mass
campaign of the world as well as the Gotham community to fight
the virus, the numbers are increasing rapidly. That propaganda of
misinformation, disinformation, fake news and communalism is
being perpetuated by selected outlets/persons which is leading to
panic, fear and hampering of the whole fight against COVID-19.
6.14 That the present petition is being filed before this Hon’ble Court
because of the large-scale safety and security issue involved in the
matter in connection with the outbreak of novel coronavirus
(COVID-19). This Hon’ble Court being empowered under Article
142 of the Constitution of Gotham, to pass any order or decree as
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is necessary for doing complete justice for any cause or matter

pending before it, and the said decree shall be enforceable
throughout the territory of Gotham.
6.15 That the Petitioner most respectfully submits that the World Health
Organization (WHO) in its Report of the WHO-Divided States
Joint Mission on Coronavirus Disease 2019 (COVID-19) further
notes that ‘much of the global community is not yet ready, in
mind-set and materially, to implement the measures that have
been employed to contain COVID-19 in the Divided States.
These are the only measures that are currently proven to interrupt
or minimize transmission chains in humans. Fundamental to these
measures is extremely proactive surveillance to immediately
detect cases, very rapid diagnosis and immediate case isolation,
rigorous tracking and quarantine of close contacts, and an
exceptionally high degree of population understanding and
acceptance of these measures. Achieving the high quality of
implementation needed to be successful with such measures
requires an unusual and unprecedented speed of decision-making
by top leaders, operational thoroughness by public health systems,
and engagement of society. Given the damage that can be
caused by the uncontrolled, community-level transmission of
this virus, such an approach is warranted to save lives and to
gain the weeks and months needed for the testing of
therapeutics and vaccine development. Furthermore, as the
majority of new cases outside of Divided States are currently
occurring in high and middle- income countries, a rigorous
commitment to slowing transmission in such settings with non-
pharmaceutical measures is vital to achieving the second line of
defence to protect low-income countries that have weaker health
systems and coping capacities. The time that can be gained
through the full application of these measures – even if just
days or weeks – can be invaluable in ultimately reducing
COVID-19 illness and deaths.’
6.16 The petitioner further submits that COVID-19 is spreading with
astonishing speed; COVID-19 outbreaks in any setting have very
serious consequences, and there is now strong evidence that non-
pharmaceutical interventions can reduce and even interrupt
transmission. Concerning, global and national preparedness
planning is often ambivalent about such interventions.
6.17 The petitioner further submits that Effective, active and
URGENT measures to curb such outbreak of the COVID-19
epidemic is quintessential to human survival, rule of law, and
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proper functioning of Gothamian polity and economy.

7. The Petitioner states and submits that to the best of knowledge of
the petitioner, no public interest petition (whether filed by the
petitioner himself or by anyone else) raising the same issue is filed
before this Hon’ble Court or before any other Court.
8. Petitioner states and submits that any denial of such fundamental
right to life and health invites the wrath of the Constitution.
9. The Petitioner further states that if stringent, effective and
expeditious steps are not taken than COVID-19 will have an
overarching effect on whole Gotham, and thrash the very right to
life of numerous citizens including women and children.
10. That in the aforementioned facts and circumstances, the present
petition is being filed on the basis of the following, amongst other,
grounds:
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GROUNDS

A. Because the State has to take care of the health and strength
of workers, men and women. Children are to be given
opportunities and facilities to develop in a healthy manner. The
State is duty-bound under Article 41 also to take care of old age,
sickness and disablement etc. The State is also under an obligation
under Article 47 to raise the level of nutrition and the standard of
living and to improve public health.
B. Because Hon’ble Supreme Court of in CESC Ltd. vs.
Subash Chandra Bose, the Supreme Court relied on international
instruments and concluded that the right to health is a fundamental
right.
C. Because Hon’ble Supreme Court in State of Punjab v.
Mohinder Singh Chawla (1997) 2 SCC 83 held that it is now
settled law that right to health is integral to right to life.
D. Because Hon’ble Supreme Court of in Kirloskar Brothers
Ltd. vs. Employees’ State Insurance Corporation (AIR 1996 SC
3261) held that right to health and medical care is a fundamental
right under Article 21 read with Article 39(e), 41 and 43.
E. Because Hon’ble Supreme Court in an order dated
25/11/2019 in M.C. Mehta V. Union Of India & Ors., (Writ
Petition(s)(Civil) No(s). 13029/1985) held that, “We take note of
the situation which is alarming and time has come to remind
the State machineries as to their duties as all of us are meant to
serve the people of this great country. Our Constitution has
envisaged certain Directive Principles as they are more
important rights at the discretion of the Government. The
Courts are not to interfere in that, but dereliction cannot be to
the extent that the very right to life is endangered by the
inaction.”
F. Because of Hon’ble Supreme Court in Occupational
Health & Safety Assn. v. Union of India (2014) 3 SCC 547 held
that Right to health i.e. right to live in a clean, hygienic and safe
environment is a right flowing from Article 21.
G. Because Hon’ble Supreme Court has repeatedly in Vincent
Panikurlangara v. Union of India (1987) 2 SCC 165, Paschim
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Banga Khet Mazdoor Samity v. State of West Bengal (1996) 4

SCC 37, Murli S. Deora v. Union of India (2001) 8 SCC 765,
Consumer Education and Research Centre v. Union of India
(1995) 3 SCC 42, M.C. Mehta v. Union of India, (1999) 6 SCC 9;
‘X’ v. Hospital 'Z’, (2003) 1 SCC 500; Parmanand Katara v.
Union of India, (1989) 4 SCC 286), found that the right to live
with human dignity includes the right to good health.
H. Because without urgent, effective and proactive action the
very rule of law will be thrashed. There can be no rule of law if
there is no life left.
I. Because the draftsmen of the Constitution defined their
vision of the society in which constitutional values would be
attained by emphasising, among other rights, the rights to life,
liberty and dignity. So fundamental is life and dignity that it
permeates the core of the rights guaranteed to the individual by
Part III. Dignity is the core which unites the fundamental rights
because the fundamental rights seek to achieve for each individual
the dignity of existence. And life is the ultimate essence without
which there is no society. Right to health and Right to life is a non-
negotiable facet which assures dignity to the individual and it is
only when life can be enjoyed with dignity, can liberty be of true
substance.
J. Because the Preamble emphasises the need to secure to all
citizens justice, liberty, equality and fraternity. The Preamble
envisions a social ordering in which fundamental constitutional
values are regarded as indispensable to the pursuit of happiness.
When the most basic need for survival i.e. life and health is
threatened, the virtues of justice and liberty are threatened. The
constant worsening as a result of the community spreading of
COVID-19 leads to the thrashing of the inalienable right to life of
society at large.
K. Because the large-scale population of Gotham and severe
lack of effective healthcare infrastructure, medical-surgical
supplies, ventilators, masks, sanitizers, quarantine facilities, testing
kits, tracing-testing plan poses a grave and imminent threat to
Right to life, health and livelihood of all persons.
L. Because due to the dense population, effective testing and
tracking are lacking. That poor and migrants are left in despair
without food, shelter, money and healthcare. That many densely
populated areas/slums are not being effectively sanitized and
tested.
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M. Because it is inexorably required for the Respondents to

immediately arrange for temporary surplus shelter homes by
converting all public gardens, Stadiums, Marriage Lawns and
banquet halls as a temporary place of accommodation of citizens
who need to remain in quarantine but are bound to stay outside for
the lack of proper accommodation while also manage bulk
hygienic kitchens for preparing free of cost food for all daily
earners or any other less financially fortunate members of the
society and ensuring no open decontamination of Human Waste,
which may lead to the spread of the virus through insects or flies.
N. Because it is further unavoidably necessary for the
Respondents to provide specific financial aids to the middle-class
retailers, small shop owners, MSME owners, Corporates unable to
function due to national lockdown, micro-mini manufacturers for
the section of the society to regain trust in the Respondents and
therefore not collapsing to an inevitable consequential financial
emergency.
O. Because the health and safety of health care workers are of
utmost importance because the further shortage of health care
workers would result in thousands of unattended COVID-19
patients, which would have serious repercussions with respect to
the economy, medical facilities, potential deaths and loss of human
resource.
P. Because in this particular circumstance, a unanimously
accepted belief is that the service of the health care workers is
indispensable. It is the duty of the Governments to give them every
possible help and assistance they direly need at this moment.
Q. Because amongst Medical personnel across Gotham there
is a growing hardship of lack of sufficient personal protective
equipment(PPE), the sufficient number of COVID-19 testing kits,
Sub-standard Personal Protection Equipment (PPE), Lack of
training on infection prevention and control (IPC), Lack of basic
facilities in isolation wards; lack of hourly disinfection inwards.
R. Because Prisons are highly overpopulated and lack
sanitization and proper health facilities. It more or less like a
virtual death sentence if bail is being denied to the accused.
11. The applicant craves leave to add, alter, delete modify or rescinded
any of the foregoing paragraphs or ground as and when found
necessary.
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PRAYER

12. The applicant, therefore, prays that:-

(a) YOUR LORDSHIPS, be pleased to admit and allow the
application;
(b) YOUR LORDSHIPS, be pleased to Issue a writ of mandamus or
any other writ; seeking immediate, effective, large-scale proactive
action in order to prevent the spread of COVID-19 across Gotham;
(c) YOUR LORDSHIPS, be pleased to Issue a writ of mandamus or
any other writ to fully educate the general public on the
seriousness of COVID-19 and their role in preventing its spread;
(d) YOUR LORDSHIPS, be pleased to Issue a writ of mandamus or
any other writ to take immediate steps for acquisition of and to
ensure availability in sufficient numbers and quantity of N-95 (or
any other recommended) masks and sanitizers for the public;
(e) YOUR LORDSHIPS, be pleased to Issue a writ of mandamus or
any other writ to inform this Court with regard to steps taken in
terms of the Containment and Preparedness;
(f) YOUR LORDSHIPS, be pleased to Issue a writ of mandamus or
any other writ to form a national testing-tracing plan; to enforce
rigorous application and control measures in terms of
disinfection/sanitization of all crowded/public places;
(g) YOUR LORDSHIPS, be pleased to Issue a writ of mandamus or
any other writ to set up large-scale quarantine facilities/isolation
wards/ICUs across Gotham;
(h) YOUR LORDSHIPS, be pleased to Issue a writ of mandamus or
any other writ to maintain a stockpile of medications/surgical
supplies/PPEs/testing kits etc. ;
(i) YOUR LORDSHIPS, be pleased to Issue a writ of mandamus or
any other writ to form a prison decongestion plan;
(j) YOUR LORDSHIPS, be pleased to Issue a writ of mandamus or
any other writ to implement an effective and free testing
mechanism for COVID-19,
(k) YOUR LORDSHIPS, be pleased to Issue a writ of mandamus or
any other writ to issue direction for curbing fake news and
suspicions w.r.t. COVID-19;
(l) YOUR LORDSHIPS, be pleased to Issue a writ of mandamus or
any other writ to put a ban on all communal based news shows
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inciting enmity, violence and suspicions against minority

communities;
(m)YOUR LORDSHIPS, be pleased to Issue a writ of mandamus or
any other writ to create an effective official information
dissemination mobile application & online portal,
(n) YOUR LORDSHIPS, be pleased to Issue a writ of mandamus or
any other writ to convert all available public gardens, stadiums and
trains as an accommodation for any citizen in need of and allowing
free food and shelter;
(o) YOUR LORDSHIPS, be pleased to constitute a special task force
in order to assess preparedness for the outbreak of COVID-19 and
consequent fallout post-outbreak.
(p) YOUR LORDSHIPS, be pleased to seek reports from the said
taskforce on a timely basis;
(q) YOUR LORDSHIPS, be pleased to direct the respective bodies to
implement the measures expeditiously and on an emergency basis;
(r) YOUR LORDSHIPS, be pleased to grant further relief as deemed
just in fact and circumstances of the case in the interest of justice.

AND FOR THIS ACT OF KINDNESS THE PETITIONER IS

DUTY BOUND SHALL EVER PRAY.

PETITIONER IN PERSON
MR. XYZ ABC

DRAWN BY:-Team PIL-104

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AFFIDAVIT

I, XYZ ABC, S/o Mr PKL , aged About 60 Years, presently

residing at 123-BZ, G park, Dew Nelhi-Gotham do hereby
solemnly state and affirm as under:-

1. That I am the Petitioner in the above mentioned Writ Petition

and in such capacity, I am fully conversant with the facts and
circumstances of the case and the competent to swear this affidavit.

2. That I have read and understood the content of the Synopsis

from page number ........to ........, and Writ Petition from page
number ....... to ......, shown to me and I say that the contents
thereof are true and correct to the best of my knowledge and belief.

3. That I have gone through the contents of the affidavit and I state
that contents are true and correct and to the best of my knowledge,
that no part of it is false and that nothing material has been
concealed therefrom.

4. That the present matter has been filed in the public interest and
there is no personal and individual matter involved in the present
petition. This petition under Article 32 of the Constitution of
Gotham has nothing to do with any other matter, in respect of
which I seek no personal remedy from this Hon’ble Court.

5. That I have not moved any other similar petition before this
Hon’ble Court or any other Court.

DEPONENT
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VERIFICATION

Verified at Dew Nelhi, this 16th day of April 2020 that the contents
of this affidavit are true and correct to the best of my knowledge
and belief and nothing material has been concealed therefrom.

DEPONENT