Suo-moto congizance was filed through a Public Intrest Litigation by Gujarat High court on 11th April,2021 regarding the rise in covid-19 cases in the state of Gujarat and measures to be taken to keep a check on the cases and preparedness of the management to deal with any difficult circumstances which may arise.
The suo moto was excersied by Chief Justice Vikram Nath and Justice Bhargav D. Karia. The court impleaded 4 parties to the petition namely
1) The state of Gujarat through its chief secretary, Gandhi nagar
2) Principal Secretary, Department of Medical, Health and Family Welfare, Government of Gujarat, Gandhinagar
3) Union of India through the Secretary, Department of Home, Government of India, New Delhi, and
4) Secretary, Department of Health, Government of India, New Delhi.
The division Bench presised by chief Justice had conversation with state's seniour most law officers,learned Advocate General and the Goverment authority showing concern regarding the rise in covid-19 cases in the state of Gujarat. The petition was fiiled after many report being published in reputated newspaper about the crisis situation of Gujarat state, if the covid cases rises in the second wave which the country is facing. The papers were filled with such news pieces and articles raising questions about the infrastructure, availability of ICU beds, short of testing kits, supply of oxygen and basic medicines in hospital. Electronic, digital or print, all were overflowing with same allegations from last five days. The articles used words like unfortunate, unimaginable difficulties, unmanageable conditions which showcase the miserable condition of Gujarat state. The court said that "The newspapers, news channels are flooded with the harrowing tales, unfortunate and unimaginable difficulties, unmanageable conditions of the infrastructure. Had it been stray news here and there, I could have ignored it but the volume of report in the leading newspapers having nation wide circulation cannot be ignored. It is the time that the Court must intervene." All the Articles in the newspaper were indicating that the State is going into emergency and all the infrastructure and facallities would collapse. The court therefore felt the need to interfer and summon all the related authorities to check upon the management and take appropriate control measures to keep minimize the damage to human life caused by the deadly virus.
The matter will heard by the bench at the residence of Chief Justice on 12th April 2021 at 11:00 am. The Chief Justice also notified that all the related authorities pleaded in the petition to attented the proceedings through the live stream.