Madras HC grants conditional nod to DMK over distribution of COVID-19 relief

The Madras High Court on Thursday

directed the DMK to distribute COVID-19 relief materials to the poor, during the ongoing lockdown, after getting permission two days in advance from authorities concerned.

The special division bench comprising Justices R Subbiah and R Pongiappan directed the party to obtain permission from the Food Safety Officer concerned, 48 hours prior to distribution of essentials to the needy.

It then disposed of the PIL by R S Bharathi, DMK organizing secretary, challenging a communique of the government, restraining political parties, charitable organisations and NGOs from distributing essential items like groceries and vegetables during the lockdown directly without the involvement of state machinery.

 

The petitioner sought a direction to forbear authorities from in any way interfering with the public welfare measures including distribution of cooked food, groceries, medical kits and so on to the needy in the state during the lockdown.

After hearing the arguments of counsels of the petitioner and the state government, it said, "we are of the view that in the course of distribution of food or other items, the state is wholly justified in imposing certain conditions.

We also do not see any irrationality or arbitrariness in requiring the individual or group of individuals from seeking prior permission from the authorities concerned."

However, the bench refused to accept the condition of the government that the food items should be handed over to the authorities concerned.

The bench also made it clear that given the magnitude of the situation, which the state was presently combating, the organisers or the beneficiaries must strictly adhere to norms with a view to regulating the distribution of food and other items.

As far as distribution of food was concerned, the court said on receipt of such intimation, the food safety officer concerned shall inspect the place where it is likely to be distributed and examine the health condition of the persons engaged in preparation of food as well as its quality before it is served.

"After the officer is satisfied with the norms, the petitioner party can proceed with the distribution of food," it said.

Clarifying that the preparation and distribution of food has to be effected within the zone, in respect of Corporation limits in the city and police station limits in rural areas, the bench said it shall not take place within the areas earmarked as 'hot spots' by the government.

The bench further said that more than three people should not be allowed to travel in a vehicle transporting the food items to the place of distribution and they shall strictly adhere to the preventive measures announced by the government.