Daily report sought on implementation of guidelines
Directs CS to take action against concerned officers
Mohinder Verma
JAMMU, Apr 27: Union Ministry of Home Affairs has noticed large-scale violations of lockdown measures in the Union Territory of Jammu and Kashmir and has directed the Chief Secretary to take action against all those officers under whose jurisdiction such deviations are taking place.
Moreover, the Ministry while advising the administration to remain cautious has sought daily report on the implementation of the guidelines along with the action taken report to prevent such violations.
In a communique bearing No.40-10/2020-DM-I(A) addressed to the Chief Secretary of Jammu and Kashmir BVR Subrahmanyam, the Union Home Secretary Ajay Bhalla has pointed out several violations of the lockdown measures which have come to the notice of the Ministry of Home Affairs.
While drawing the attention of the Chief Secretary towards the guidelines issued by the Ministry from time to time in order to check the spread of Novel Coronavirus (COVID-19), the Home Secretary said, “the States and Union Territories were requested to ensure strict compliance of lockdown measures as per the orders issued under the Disaster Management Act, 2005. However, several incidents of violation of lockdown measures have been reported in the Union Territory of Jammu and Kashmir”.
In the communique, the copy of which is available with EXCELSIOR, the Union Home Secretary has pointed out that enforcement of lockdown measures has remained confined to the towns and city areas only and in rural areas such measures are not being enforced strictly by the concerned officers.
“Even an increase in vehicular movement on the Baramulla-Srinagar stretch of the National Highway has been observed by the Ministry of Home Affairs”, read the letter of the Union Home Secretary.
Stating that guidelines on lockdown measures have been issued by the Ministry of Home Affairs under Section 10(2)(1) of the Disaster Management Act, 2005, the Home Secretary has stressed that any violation of such order shall attract penal provisions under Section 51 to Section 60 of the Act.
He has asked the Chief Secretary to investigate such incidents of violation and take action against those officers under whose jurisdiction such violations are taking place. “A report on the action taken against those officers may be sent to the Ministry of Home Affairs without loss of time”, the Union Home Secretary has stressed.
He has further asked the Chief Secretary, who happens to be the Chairperson of the State Executive Committee constituted under the Disaster Management Act, to keep a watch on future deviations/violations in regard to the MHA orders and furnish a daily report on the same along with action taken to prevent such violations.
As the communication of the Home Secretary has put a question mark on the performance of the officers who have been entrusted with the responsibility of ensuring strict implementation of lockdown measures, the Chief Secretary has asked the State Home Secretary, Director General of Police, the Divisional Commissioners of Jammu and Kashmir and all the District Magistrates to leave no stone unturned to prevent violation of the guidelines, sources informed.
Section 51 of the Disaster Management Act, 2005 read: “Whosoever refuses to comply with any direction given by or on behalf of the Central Government or the State Government or the National Executive Committee or the State Executive Committee or the District Authority shall on conviction be punishable with imprisonment for a term which may extend to one year or with fine or with both and if such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, shall on conviction be punishable with imprisonment for a term which may extend to two years”.
Similarly, Section 55(I) of the Act states: “Where an offence under the Act has been committed by any department of the Government, the head of the department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence”.
Moreover, Section 56 read: “Any officer on whom any duty has been imposed by or under this Act and who ceases or refuses to perform or withdraws himself from the duties of his office shall, unless he has obtained the express written permission of his official superior or has other lawful excuse for so doing, be punishable with imprisonment for a term which may extend to one year or with fine”.
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