in the high court of delhi at new delhi civil writ ... · page 1 of 29 in the high court of delhi...

of 29

IN THE HIGH COURT OF DELHI AT NEW DELHI CIVIL WRIT JURISDICTION

W.P. (CIVIL) No. of 2020

In the matter of A Public Interest Litigation:

1. Susheel Mahajan ….…..Petitioner

VERSUS

1. Ministry of Health and Family Welfare Union of India and Anr. …….Respondents

INDEX – I

S.No. PARTICULARS PAGE NO. 1. Brief facts of the case 2. Memo of Parties 3. Public Interest Litigation by way of Affidavit

INDEX - II

S.No. Description of Documents as annexed 1. ANNEXURE – I

List of places of Delhi Containment zones.

2. ANNEXURE – II World Health Organization Guidelines to deal with Covid - 19 .

3. ANNEXURE – III Guidelines and directions issued by Government of India to deal with the pandemic Covid – 19.

4. ANNEXURE – IV (Colly) Guidelines with regard to use of disinfectants.

5. ANNEXURE –V Guidelines issued by NCDC

6. ANNEXURE – VI Email to Secretary Health and Family Welfare

7. ANNEXURE – VII Email to Commissioner of Police regarding non following of guidelines by UOI by private persons and endangering the life of citizens

of 29

8. ANNEXURE – VIII Email to Secretary Health, Government of National Capital Territory of Delhi regarding non implementation of guidelines as prescribed by Government of India.

9. ANNEXURE – IX Precautionary measurements to be taken while disinfecting the places.

10. ANNEXURE – X Making tunnels to sanitize the public in violation of the rules

11. ANNEXURE – XI Direct effect of sanitization without precaution

12. ANNEXURE – XII Some important photographs with respect to sanitization

13. ANNEXURE – XIII Myth buster examples

14. ANNEXURE – XIV Vehicles catching fire because of sanitizers

15. Application for exemption as prayed in Prayer

Petitioner Through

Dr. N. Pradeep Sharma & Harsh K Sharma,

Advocates for Petitioners 5, Jungpura Road, Bhogal Jungpura, New Delhi -110014 Contact: 9899696333

e-mail: [email protected] Date:07.06.2020 Place: New Delhi

of 29





VERSUS

1. Ministry of Health and Family Welfare

Union of India and Ors. …….Respondents

COVID – 19; THE SPRAYING OF DISINFECTANT IS A

CURSE AND NOT A BLESSING, AS PER INTERIM GUIDELINES OF WORLD HEALTH ORGANIZATION

(WHO)

BRIEF FACTS OF PUBLIC INTEREST LITIGATION

REGARDING THE VIOLATION OF GUIDELINES AS

CONTEMPLATED BY THE WORLD HEALTH

ORGANIZATION AND UNION OF INDIA TO DEAL WITH

COVID-19:

The spraying or fumigation of outdoor spaces such as streets or

market places, is not recommended as per guidelines of WHO.

Spraying of disinfectants can result in risk to the eyes, respiratory or

skin irritation and the resulting health effects. The Petitioner is

seeking directions to the Ministry of Health and Family Welfare,

Govt. of India, Government of National Capital Territory of Delhi and

Commissioner of Police, Delhi, for the proper implementation of the

guidelines with regard to the spraying / use of chemicals for

sanitization of public places / offices / individual etc. as per the

guidelines of World Health Organization.

of 29

As per the guidelines issued by the World Health Organization

and Government of India, 70% Alcohol can be used to wipe down

surfaces where the use of bleach is not suitable. It has been

recommended to always use freshly prepared 1% sodium hypo-

chloride solution and wear appropriate PPE kit, while carrying out

cleaning and disinfection work. It is also recommended, to wear

disposable rubber boots, gloves (heavy duty), and a triple layer mask,

which should be removed and discarded as damaged, after every use,

to minimize the possibility of infection. The disinfectants are used to

minimize the effect of infection.

The disinfectants are chemicals that destroy disease causing

pathogens or other harmful microorganisms. It is advised that

Spraying of individuals or groups is NOT recommended under any

circumstances. Spraying an individual or group with chemical

disinfectants is physically and psychologically harmful.

• Even if a person is potentially exposed with the COVID-19

virus, spraying the external part of the body does not kill the virus that

has entered your body. There is no scientific evidence to suggest that

they are effective even in disinfecting the outer clothing/body in an

effective manner.

• Spraying of chlorine on individuals can lead to irritation of

eyes and skin and potentially gastrointestinal effects such as nausea

and vomiting. Inhalation of sodium hypochlorite can lead to irritation

of 29

of mucous membranes to the nose, throat, respiratory tract and may

also cause bronchospasm.

It has been observed by way of electronic and print media that

the government and private bodies / agencies are violating the

guidelines as contemplated by World Health Organization and Union

of India and are endangering the lives of citizens, which is violation of

rights as envisaged to the citizens, under Article 14 and 21 of

Constitution of India.

Petitioner Through

Dr. N. Pradeep Sharma and Harsh K. Sharma, Advocates for Petitioner

5, Jungpura Road, Bhogal Jungpura, New Delhi – 110014.

Contact: 9899696333; e-mail: [email protected]

Date: 07.06.2020 Place: New Delhi

mailto:[email protected]

of 29


(PUBLIC INTEREST LITIGATION)


In the matter of Public Interest Litigation:

MEMO OF PARTIES

1. Susheel Mahajan S/o Late Tara Chand R/o C-525, DDA Janta Flats, Pocket No. 11, Jasola, New Delhi – 110025. ….…..Petitioner

VERSUS 1. Ministry of Health and Family Welfare Shastri Bhawan, New Delhi. (Through its Secretary) 2. Ministry of Health & Family Welfare New Secretariat, ITO, Govt. of NCT, New Delhi. (Through its Secretary) 3. The Commissioner of Police, Police Head Quarter, ITO, New Delhi …….Respondents

Petitioner

Through

Dr. N. Pradeep Sharma & Harsh Kumar Sharma Advocates for Petitioner

5,Jungpura Road, Bhogal Jungpura, New Delhi – 110014.

Contact: 9899696333 e-mail: [email protected]

Dated: 07.06.2020 Place: New Delhi

of 29





VERSUS

1. Ministry of Health and Family Welfare Union of India and Ors. …….Respondents

AFFIDAVIT ON BEHALF OF THE PETITIONER

I, Susheel Mahajan S/o Late. Tara Chand, R/o C-525, DDA

Janta Flats, Pocket No. 11, Jasola, New Delhi– aged about

50 years, do hereby solemnly affirm and state as follows:

1. That the Petitioner is a social activist and is also a practicing

lawyer at various courts of Delhi and other states and has also

been practicing Advocates at Supreme Court and other High

Courts of India, for about four years and is a well known figure

in the legal fraternity and in order to extend my duties towards

the nation by filing the present PIL and as such I am well

acquainted and conversant with the facts and circumstances of

the case and I am competent to swear to this affidavit.

2. That the present writ petition is being filed by the undersigned

being Petitioner. The Hon’ble Court would be assisted by my

of 29

Counsels on my instructions. By way of present Public Interest

Litigation, for issuance of an Order or a Writ, more in the

nature of a Writ of Mandamus, directing the Respondents to

implement all necessary steps as advised and declared by the

World Health Organization and the advisory issued by

Government of India, to its States for proper implementation of

the Guidelines passed by World Health Organization to deal

with the pandemic Corona - 19, in the interest of justice and

thus render justice.

3. That the present PIL (Writ Petition) has been filed by the

Petitioner to the effect that petitioner has no personal interest in

the litigation and the petitioner is not guided by self- gain or for

gain of any other person / institution / body and thus there is no

motive other than of public interest litigation save as a member

of the General Public in the present PIL (Writ Petition).

4. That the class persons for whose benefit the petition has been

filed and as to such persons are incapable of accessing the

Courts themselves due to their inability to approach the system

of justice because of lockdown due to epidemic COVID – 19.

5. That the petitioner has done whatsoever inquiry / investigation /

collected documents, which was in my power to do, to collect

all data / material which was available and which was relevant

for this Court to entertain the present petition. I further confirm

of 29

that I have not concealed in the present petition any data /

material / information which may have enabled this Hon’ble

Court to form an opinion whether to entertain this Petition or

not and or whether to grant any relief or not.

6. Brief Facts leading to the filing of the Writ Petition(PIL):

(I) COVID – 19; THE SPRAYING OF DISINFECTANT IS A

CURSE AND NOT A BLESSING, AS PER INTERIM GUIDELINES OF WORLD HEALTH ORGANIZATION (WHO) DATED MAY 15, 2020. That currently, the entire world is facing with an

unprecedented situation due to the global breakout of the

COVID 19 virus, commonly known as the Corona virus. Under

these circumstances, even our entire country has been kept in

lockdown, and the citizenry have been forced to keep indoors. It

is submitted that the health care staff i.e. the Health Warriors,

who have been thus deployed for maintaining health of the

citizens by endangering their lives. This is putting the health

care workers, directly in the front line, and making them

vulnerable to contracting COVID – 19.

(II) That as per the Interim guidance dated15 May 2020 issued by

the World Health Organization, regarding the Cleaning and

disinfection of environmental surfaces in the context of

COVID-19, it has been recommended and said that the spraying

or fumigation of outdoor spaces, such as streets or marketplaces

of 29

are not recommended to kill the Covid -19 virus or other

pathogens because disinfectant is inactivated by dirt and debris

and it is not feasible to manually clean and remove all organic

matter from such spaces.

(III) That one study has shown that spraying as a primary

disinfectant is ineffective in removing contaminants outside of

the direct spray zones.

REF:38 https://www.researchgate.net/profile/Winfried_Michels/publication/292641729_Inter-hospital_trials_to_determine_minimal_ cleaning_performance_according_to_the_guideline_by_DGKH_DGSV_and_AKI/links/571a4d4108ae7f552a472e88/Inter-hospital-trials-to-determine-minimal-cleaning-performance-according-to-the-guideline-by-DGKH-DGSV-and-AKI.pdf

(IV) That moreover the spraying disinfectants can result in risks to

the eyes, respiratory or skin irritation and the resulting health

effects.

REF:39

Mehtar, S., Bulabula, A.N.H., Nyandemoh, H., Jambawai, S., 2016. Deliberate exposure of humans to chlorine-the aftermath of Ebola in West Africa. Antimicrob Resist Infect Control 5, 45. (https://doi.org/10.1186/s13756-016-0144-1, accessed 6 May 2020)

(V) That it has been found that the spraying individuals with

disinfectants (such as tunnel, cabinet or chamber) is not

recommended under any circumstances.

https://www.researchgate.net/profile/Winfried_Michels/publication/292641729_Inter-hospital_trials_to_determine_minimal_



of 29

(VI) That this could be physically and psychologically harmful and

would not reduce an infected person’s ability to spread the virus

through droplets or contact. Moreover spraying individuals with

chlorine and other toxic chemicals could result in eye and skin

irritation, bronchospasm due to inhalation and gastrointestinal

eggects such as nausea and vomiting.

REF:40,45

Zock, J.-P., Plana, E., Jarvis, D., Antó, J.M., Kromhout, H., Kennedy, S.M., Künzli, N., et al., 2007. The Use of Household Cleaning Sprays and Adult Asthma: An International Longitudinal Study. Am J Respir Crit Care Med 176, 735–741. (https://doi.org/10.1164/rccm.200612-1793OC, accessed 6 May 2020)

ALSO Benzoni, T., Hatcher, J.D., 2020. Bleach Toxicity, in: StatPearls. StatPearls Publishing, Treasure Island (FL). (https://www.ncbi.nlm.nih.gov/books/NBK441921/, accessed 6 May 2020)

(VII) That health workers are deployed in red zone / Hot Spot /

containment areas for collection of samples of the affected

persons are more susceptible to COVID-19. The present

petition is being filed to ensure that the Union of India and

Government of NCT of Delhi to take steps to give incentives to

them for taking the risk and facing the hardship. This more so,

when Delhi has been declared containment areas, and some

districts of Delhi have been designated red zones/Hotspot

therefore increasing the need and responsibility of the police

personnel to ensure that these areas continuously remain under

of 29

lockdown, strictly. This is going to lead to a further work force

by the health workers.

(VIII) That devices using UV irradiation have been designed for

health-care settings. However, several factors may affect the

efficacy of UV irradiation, including distance from the UV

device; irradiation dose, wavelength and exposure time; lamp

placement; lamp age; and duration of use. Other factors include

direct or indirect line of sight from the device; room size and

shape; intensity; and reflection.

REF:5 Bennett, J.E., Dolin, R., Blaser, M.J. (Eds.), 2015. Mandell, Douglas, and Bennett’s principles and practice of infectious diseases, Eighth edition. ed. Elsevier/Saunders, Philadelphia, PA. (https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7099662/, accessed 6 May 2020) (IX) That the Petitioner is seeking directions to the Ministry of

Health and Family Welfare, Govt. of India and GNCTD and

Delhi Police for proper implementation of the guidelines being

formulated by the World Health Organization. In consonance

with the guidelines as issued by WHO, to deal with the Corona

Virus, the Government of India, by way of advisory to its

States, have directed to follows certain step. These steps are

with regard to the sanitization of the places and the following a

due procedure for the same.

(X) That the Government of National Capital Territory of

Delhi has declared the containment zones in Delhi depending

of 29

upon the number of cases in that particular area. Such list is

enclosed herewith for the perusal of this Hon’ble Court as

ANNEXURE - I.

(XI) That the Petitioner is seeking directions to the Ministry of

Health and Family Welfare, Govt. of India, Government of

National Capital Territory of Delhi and Commissioner of

Police, Delhi, for the proper implementation of the guidelines

with regard to the spraying / use of chemicals for sanitization of

public places / offices / individual etc. as per the guidelines of

World Health Organization. Such guidelines issued by the

World Health Organization is attached herewith for the perusal

of this Hon’ble Court as ANNEXURE -II.

(XII) That the Petitioner is seeking directions to various

authorities to effectively implement the advisories / directions

issued by the Government of India, with regard to the spraying /

use of chemicals for sanitization of public places / offices /

individual etc. as per the guidelines of World Health

Organization. Such guidelines issued by the Government of

India is attached herewith for the perusal of this Hon’ble Court

as ANNEXURE -III.

(XIII) That the guidelines with respect to the use of

disinfectants were also issued by the central government. Such

guidelines are annexed herewith for the perusal of this Hon’ble

of 29

Court as ANNEXURE – IV. Some guidelines were also issued

by the NCDC, Government of India, which are annexed as

ANNEXURE – V.

(XIV) That by not doing so, the rights of the citizens which

have been guaranteed to the citizens, under Article 14 and 21 of

Constitution of India are infringement. The contents of Article

14 and 21 of Constitution of India are reproduced herewith for

the ready reference of this Hon’ble Court.

Article 14 of the Constitution of India provides for

equality before the law or equal protection of the laws

within the territory of India. ... "The State shall not deny

to any person equality before the law or the equal

protection of the laws within the territory of India."

Article 21 has a much wider meaning which includes

right to live with human dignity, right to livelihood, right

to health, right to pollution free air, etc. Right to life is

fundamental to our very existence and includes all those

aspects of life which go on to make a man's life

meaningful, complete and worth living.

(XV) That it is submitted that the sanitization of various places is

done on the behest of State by using certain chemicals or Ultra

violet procedures.

of 29

(XVI) That By way of present Public Interest Litigation, the

Petitioner is trying to draw the attention of this Hon’ble Court

towards the non following of the guidelines as contemplated by

the World Health Organization to deal with COVID - 19.

Although the Government of India has issued advisories in this

effect, but it has been noticed by the Petitioner by way of

personal presence and also by way of the various media reports.

(XVII) That noticing the difficulties faced by the fellow citizen

of the country and feeling their apathy, the Petitioner preferred

to bring the problems being faced by the citizens, to the notice

of the Secretary, Ministry of Health and Family Welfare,

Government of India, by way of emails. The Petitioner did not

get any reply against that email from any authority. Such email

by the Petitioner to the Ministry of Health and Family Welfare,

Government of India is annexed herewith for the perusal of this

Hon’ble Court as ANNEXURE –VI.

(XVIII) That the Petitioner also apprised the Commissioner of

Police about the wrong practices adopted by various agencies

and requested him also to take remedial steps. No response has

been received by the Petitioner from the office of Police

Commissioner, Delhi Police also. Such email to the

Commissioner of Delhi Police is enclosed for the perusal of this

Hon’ble Court as ANNEXURE -VII.

of 29

(XIX) That the Petitioner also preferred to bring the problems being

faced by the citizens, to the notice of the local Government i.e.

the Secretary, Ministry of Health and Family Welfare,

Government of NCT of Delhi by way of email. The Petitioner

did not get any reply against that email from any authority.

Such email by the Petitioner to the Principal Secretary, Ministry

of Health and Family Welfare, Government of NCT of Delhi is

annexed herewith for the perusal of this Hon’ble Court as

ANNEXURE –VIII.

(XX) That as per the guidelines issued by the World Health

Organization, Environment Protection Agency and Government

of India, 70% alcohol can be used to wipe down surfaces where

the use of bleach is not suitable. It has been recommended to

always use freshly prepared 1% sodium hypo-chloride solution

and wear appropriate PPE kit, while carrying out cleaning and

disinfection work. It is also recommended, to wear disposable

rubber boots, gloves (heavy duty), and a triple layer mask,

which should be removed and discarded after every use, to

minimize the possibility of infection. The disinfectants are used

to minimize the effect of infection. Such information is attached

herewith for the perusal of this Hon’ble Court as ANNEXURE

-IX.

(XXI) That the disinfectants are chemicals that destroy disease

causing pathogens or other harmful microorganisms. It is

of 29

advised by WHO that Spraying of individuals or groups is NOT

recommended under any circumstances.

(XXII) That as per WHO guidelines, the Disinfectant solutions

should always be prepared in well-ventilated areas. Avoid

combining disinfectants, both during preparation and usage, as

such mixtures cause respiratory irritation and can release

potentially fatal gases, in particular when combined with

hypochlorite solutions.

(XXIII) That as per WHO guidelines, the personnel preparing or

using disinfectants in health care settings require specific PPE,

due to the high concentration of disinfectants used in these

facilities and the longer exposure time to the disinfectants

during the workday.49 Thus, PPE for preparing or using

disinfectants in health care settings includes uniforms with

long-sleeves, closed work shoes, gowns and/or impermeable

aprons, rubber gloves, medical mask, and eye protection

(preferably face shield).

Ref:48 Medina-Ramon, M., 2005. Asthma, chronic bronchitis, and exposure to irritant agents in occupational domestic cleaning: a nested case-control study. Occup Environ Med 62, 598–606. (https://doi.org/10.1136/oem.2004.017640, accessed 6 May 2020)

(XXIV) That as per WHO guidelines, the Hypochlorite is rapidly

inactivated in the presence of organic material; therefore,

of 29

regardless of the concentration used, it is important to first

clean surfaces thoroughly with soap and water or detergent

using mechanical action such as scrubbing or friction. High

concentrations of chlorine can lead to corrosion of metal and

irritation of skin or mucous membrane, in addition to potential

side-effects related to chlorine smell for vulnerable people such

as people with asthma.

Ref:32 IL DIRETTORE GENERALE D’Amario, C. 2020. Disinfezione degli ambienti esterni e utilizzo di disinfettanti (ipoclorito di sodio) su superfici stradali e pavimentazione urbana per la prevenzione della trasmissione Dell’infezione da SARS-CoV-2. Ministero della Salute. (https://www.certifico.com/component/attachments/download/17156, accessed 6 May 2020)

(XXV) That as per WHO guidelines, the Spraying or fumigation

of outdoor spaces, such as streets or marketplaces, is also not

recommended to kill the COVID-19 virus or other pathogens

because disinfectant is inactivated by dirt and debris and it is

not feasible to manually clean and remove all organic matter

from such spaces. Moreover, spraying porous surfaces, such as

sidewalks and unpaved walkways, would be even less effective.

Even in the absence of organic matter, chemical spraying is

unlikely to adequately cover all surfaces for the duration of the

required contact time needed to inactivate pathogens.

Furthermore, streets and sidewalks are not considered to be

of 29

reservoirs of infection for COVID-19. In addition, spraying

disinfectants, even outdoors, can be harmful for human health.

(XXVI) That the Spraying individuals with disinfectants (such as

in a tunnel, cabinet, or chamber) is not recommended under

any circumstances. This could be physically and

psychologically harmful and would not reduce an infected

person’s ability to spread the virus through droplets or contact.

Moreover, spraying individuals with chlorine and other toxic

chemicals could result in eye and skin irritation, bronchospasm

due to inhalation, and gastrointestinal effects such as nausea

and vomiting.

Ref:40,45 Zock, J.-P., Plana, E., Jarvis, D., Antó, J.M., Kromhout, H., Kennedy, S.M., Künzli, N., et al., 2007. The Use of Household Cleaning Sprays and Adult Asthma: An International Longitudinal Study. Am J Respir Crit Care Med 176, 735–741. (https://doi.org/10.1164/rccm.200612-1793OC, accessed 6 May 2020)

AND

Benzoni, T., Hatcher, J.D., 2020. Bleach Toxicity, in: StatPearls. StatPearls Publishing, Treasure Island (FL). (https://www.ncbi.nlm.nih.gov/books/NBK441921/, accessed 6 May 2020)

(XXVII) Personal safety when preparing and using

disinfectants:

That the cleaners should wear adequate personal

protective equipment (PPE) and be trained to use it safely.

When working in places where suspected or confirmed

of 29

COVID-19 patients are present, or where screening, triage and

clinical consultations are carried out, cleaners should wear the

following PPE: gown, heavy duty gloves, medical mask, eye

protection (if risk of splash from organic material or chemicals),

and boots or closed work shoes.

(XXVIII) That Disinfectant solutions should always be prepared in

well-ventilated areas. Avoid combining disinfectants, both

during preparation and usage, as such mixtures cause

respiratory irritation and can release potentially fatal gases, in

particular when combined with hypochlorite solutions.

(XXIX) That the Personnel preparing or using disinfectants in

health care settings require specific PPE, due to the high

concentration of disinfectants used in these facilities and the

longer exposure time to the disinfectants during the workday.

Thus, PPE for preparing or using disinfectants in health care

settings includes uniforms with long-sleeves, closed work

shoes, gowns and/or impermeable aprons, rubber gloves,

medical mask, and eye protection (preferably face shield).

(XXX) That in non-health care settings, resource limitations

permitting, where disinfectants are being prepared and used, the

minimum recommended PPE is rubber gloves, impermeable

aprons and closed shoes. Eye protection and medical masks

of 29

may also be needed to protect against chemicals in use or if

there is a risk of splash.

REF: 48. Rational use of personal protective equipment for coronavirus disease (COVID-19); Geneva: World Health Organization;2020 (https://www.who.int/emergencies/diseases/novelcoronavirus-2019/technical-guidance/infectionprevention-and-control, accessed 6 May 2020)

(XXXI) That spraying an individual or group with chemical

disinfectants is physically and psychologically harmful. It has

been observed by the Petitioner that the disinfectants are

sprinkled on the human being by lot of agencies and private

organizations, to disinfect.

(XXXII) That the Petitioner has observed that at so many places,

where companies are installing the chemical tunnels to sanitize

the visitors / staff / general public, is totally in violation of the

guidelines as prescribed by the World Health Organization.

Such working of tunnels is annexed herewith for the perusal of

this Hon’ble Court as ANNEXURE -X. At some places the

migrant workers are sanitized by sprinkling disinfectant

solution on them and showering them with it. Such photo is

annexed herewith for the perusal of this Hon’ble Court as

ANNEXURE – XI and XII.

(XXXIII) That even the government is engaging in such an

procedure regarding the spraying of chemicals on general

of 29

public by way of machines, which is giving a wrong message to

the general public.

(XXXIV) That as per the finding of the World Health Organization,

the spraying of chlorine on individuals can lead to irritation of

eyes and skin and potentially gastrointestinal effects such as

nausea and vomiting. Inhalation of sodium hypochlorite can

lead to irritation of mucous membranes to the nose, throat,

respiratory tract and may also cause bronchospasm. Such myth

buster document is annexed herewith for the perusal of this

Hon’ble Court as ANNEXURE - XIII.

That at some places it has been observed that UV tunnels

are also been placed in order to kill the virus but without

following the WHO guidelines.

(XXXV) That it has been seen by the petitioner that there is a

direct spraying of chemical by the machine on the general

public, which is very harmful to the human body.

(XXXVI) That at some places it has also been observed that the

direct spraying of chemical may catch fire and the life and

property falls in danger. Such incidence is attached herewith for

the perusal of this Hon’ble Court as ANNEXURE -XIV.

GROUNDS

of 29

(a) BECAUSE the guidelines formed to combat Covid -19, as

contemplated by the World Health Organization are not

properly implemented.

(b) BECAUSE the advisories directed by Government of India are

not being implemented effectively.

(c) BECAUSE the chemicals sprinkled directly on the human

beings is a health hazard and may be life endangering exercise.

(d) BECAUSE the direct contact of the chemicals has a

psychological impact.

(e) BECAUSE the direct exposure to the unmanned Ultra Violet

radiations is cancer generating.

(f) BECAUSE the use of chemical tunnel is very dangerous to the

human life.

(g) BECAUSE by not complying with the precautions being

advised by the World Health Organization and the advisory

issued by the Union of India, the life of Health Warriors are

placed at great risk.

(h) BECAUSE the latest research shows, which are also adopted

by the World Health Organization, the impact of chemicals on

the human being is hazardous.

of 29

(i) BECAUSE by not complying with the precautions being

advised from time to time, by the World Health Organization

and the advisory issued by the Union of India, the life and

property of individual is at great risk.

(j) BECAUSE the direct exposure of the sanitation workers and

other sanitization staff to the chemical exposure without proper

PPE kit, is putting such workers to death trap by the

Government.

(k) BECAUSE the health workers and the sanitization staff are

working in high-active field areas and are already facing

hardship.

(l) BECAUSE it is a right vested in every individual to be

provided with necessary precautionary device.

(m) BECAUSE the government is duty bound to protect its citizens

and their properties during ordinary days and during any kind

of disaster.

(n) BECAUSE by not providing the required kits and other

material as per the guidelines of WHO, there is a clear violation

of the Article 21 of Constitution of India also.

(o) BECAUSE the State is duty bound to its health workers,

especially those that are in the frontline.

of 29

(p) BECAUSE the heightened risk of infection, anxiety has added

vows to the health workers and indirectly their families, the

health workers are also increasingly dealing with social

ostracism, harassment and even assault.

(q) BECAUSE there is an urgent requirement to protect the rights

and interest of the frontline medical healthcare medical

professionals who form the backbone of medical healthcare

system of any Country.

(r) BECAUSE the Environmental Protection Agency has given a

chart with respect to the exposure.

(s) BECAUSE the spray of chemicals should be as per the

references given above.

(t) BECAUSE the exposure to the chemical by the human being is

explained by the various agencies.

7. The petitioner is filing the present petitioner for common cause

and benefits of the society at large more particularly the health

workers and sanitation staff. That the petition, if allowed, would

benefit the health workers, senior citizens, pensioners, police and

defence personnel associated with fight against COVID and will

relieve them from insurmountable hardships.

of 29

8. The petitioner has not filed any similar petition/case previously

before this Hon’ble Court or before any other High Court.

9. That this Hon'ble Court has the jurisdiction to entertain the present

Writ Petition. This writ petition is made bona fide and in the

interest of justice and the Petitioner has no other efficacious

remedy left other than approaching this Hon’ble Court.

10. That the Petitioner crave leave of this Hon’ble Court to amend or

alter the grounds at the appropriate stage, as and when required.

PRAYER

In the facts and circumstances above mentioned the Applicant

most respectfully prays that this Hon’ble Court may graciously

be pleased to:-

a) Issue a Writ of Mandamus or any other appropriate Writ,

order or direction to the Respondents to implement the Covid -

19 guidelines effectively.

and

b) Issue a Writ of Mandamus or any other appropriate Writ,

order or direction to the Respondents not to allow any

installation of any chemical chamber / tunnel at public places /

offices / homes / offices etc.

and

of 29

c) Issue a Writ of Mandamus or any other appropriate Writ,

order or direction to the Respondents not to allow the

installation of any Ultra Violet radiation tunnel at public places

/ offices or any other place in the interest of health of the

citizens.

and

d) Issue a Writ of Mandamus or any other appropriate Writ,

order or direction to the Respondent No.3 to book such persons

/ companies as per the applicable provisions of law.

and

e) pass such other and further order/orders as deemed fit and

proper in the facts and circumstances of the present case and in

the interest of justice.

AND FOR THIS ACT OF KINDNESS THE PETITIONER

AS IN DUTY BOUND SHALL EVER PRAY

Petitioner

Through

Dr. N. Pradeep Sharma & Harsh K Sharma Advocates for Petitioner

5, Jungpura Road, Bhogal Jungpura, New Delhi – 110014.

Contact: 9899696333 e-mail: [email protected]

Dated: 07.06.2020 Place: New Delhi

of 29





VERSUS

1. Ministry of Health and Family Welfare Union of India and Ors. …….Respondents

APPLICATION U/S 151 CPC FOR EXEMPTION FROM FILING DULY AFFIRMED PETITION ALONGWITH

AFFIDAVIT, NON FILING OF COURT FEES To, Hon’ble the Chief Justice of India and his Hon’ble Companion Justices of the Hon’ble High Court of Delhi at New Delhi;

MOST RESPECTFULLY SHOWETH: -

1. That the present PIL is pending adjudication before this

Hon’ble Court and is listed for --.06.2020.

2. That the Petitioner prefers present Application for exemption

from filing duly affirmed petition alongwith affidavit, non filing

of court fees seeking.

2. That the Petitioner undertakes to pay the court fees within 72

hours from the date of resumption of the regular functioning of

this Court.

3. That it is in this regard urgent interim directions be given to

Registry to inter-alia take immediate steps.

of 29

4. That the present Application is made bonafide and interest of

justice.

PRAYER:

In the facts and circumstances above mentioned the Applicant

most respectfully prays that this Hon’ble Court may graciously

be pleased:-

a) pass an order thereby exempting the Petitioner from filing duly

affirmed petition alongwith affidavit and court fees till the time,

the Hon’ble Court resumes normal functioning.

b) pass such other and further order/orders as deemed fit and

proper in the facts and circumstances of the present case and in

the interest of justice.

AND FOR THIS ACT OF KINDNESS THE PETITIONER SHALL AS IN DUTY BOUND EVER PRAY.

Petitioner Through Dr. N. Pradeep Sharma & Harsh K Sharma

Advocates for Petitioner 5,Jungpura Road, Bhogal Jungpura,

New Delhi – 110014. Contact: 9899696333 e-mail: [email protected] Dated: 07.06.2020 Place: New Delhi