PANAJI: With Goa’s “high positivity rate” of Covid-19 cases continuing to wreak havoc in the tiniest state, the high court of Bombay at Goa on Thursday directed the government to ensure that no persons are permitted entry into the state from May 10 onwards without a negative certificate.
Remarking that the state should have imposed these minimum restrictions on its own, a division bench comprising justices M S Sonak and M S Jawalkar—hearing a slew of public interest litigations on the government measures to stop the spread of the pandemic—in an interim order told the “state administration to ensure that no persons are permitted entry into the state unless they possess a negative certificate obtained within 72 hours from the time they seek entry into the state.”
Hours after the high court order, chief minister Pramod Sawant said seeking a Covid-negative certificate from every person entering Goa will burden the already strained state administration and infrastructure.
“It is okay if it is a tourist you are asking for a certificate. What about those who come by train? What do we do when one does not have a Covid-negative certificate? State will again have to do their tests for free, provide them food. Already there is such a strain at present on the entire administration. But we will submit the affidavit sought from us,” he said.
Earlier advocate general Devidas Pangam had told the court that Goa relies on neighbouring states for most essentials and the insistence on a negative certificate will impact supplies. He submitted that the central government does not support sealing borders of any state during these times.
“We see no justification in the state of Goa not insisting on a negative certificate from persons who seek entry into Goa at this crucial juncture when reports indicate that the positivity rate in Goa is as high as 52%. Some suitable mechanisms can always be formulated by the state to ensure that some testing facilities are available at the borders or entry points so that the supply of essentialities or the ingress of essential personnel are not affected,” the court observed.
TOI in a series of reports for over a month has been highlighting the state’s unpreparedness in dealing with the second wave and insisting on stringent curbs to stop the spread of the killer virus and transparency measures to benefit the people of Goa.
Sawant said if the state starts asking every person entering Goa for a negative certificate, then they would have to ask from even truckers who bring in milk, vegetables and chicken.
“If we ask them for certificates, they will be unable to produce it… we need to give this a thought,” he said.
But the high court had made it clear that the state government can formulate a protocol to deal with the issues of essential supplies and the procedure for entry of persons involved in essential supplies and said, “Citing such instances to justify wholesale waiver of restrictions in such critical times is not justifiable in any case. This issue will arise mainly to travellers by road”.
Referring to those entering the state by train and flight, the HC said, “It is too much to suggest that all such travellers are mainly involved in supplying essential services or goods in Goa. The state government will, therefore, have to insist upon a negative certificate before such persons enter Goa.”
The HC said the interim direction will be effective from May 10 to enable the state administration to publicise the new measures.
With the situation “spiralling out of control”, the court has also sought to know from the government whether there is any thought process on the issue of lockdown.
The court was hearing PILs filed by South Goa Advocates’ Association, Armando Gonsalves and Roshan Mathias regarding the difficulties faced in terms of oxygen supply, medical infrastructure, supply of essential medicines, testing facilities and vaccination drive.
The petitions also sought to know the measures adopted by the government to prevent the spread of the epidemic, including banning mass gatherings, social distancing, entry of persons into the state and lockdown.
While seeking an affidavit regarding the oxygen requirement and stock of essential medicines, the court asked the government to bring in transparency about the availability of medical facilities by putting the information in the public domain. It observed that this would avoid “unnecessary anxiety” and “rumour mongering”.
The court also sought information about the steps taken to augment stocks of essential medicines available in the state. The case is likely to come up for hearing on May 11.
The court directed the government to provide adequate protection to healthcare professionals at hospitals. Regarding their security, the court said, “We are quite mindful of the fact that patients and their relatives are stressed out and even desperate. Nevertheless, a message must go out loud and clear that there will be zero tolerance for any form of physical or verbal violence against healthcare professionals. Such violence is simply not acceptable and must be dealt with by a firm hand.”
Referring to Supreme Court directions issued to the Centre to collaborate with states to prepare a buffer stock of oxygen for emergency purposes, the high court asked the state administration to indicate whether all such facilities are in place.
The court also sought to know about the status of oxygen availability. It has directed the government to file an affidavit on oxygen requirements and the steps taken by the administration to have plants to manufacture oxygen in the state itself.