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Justice Rajiv Raina recorded the rhetorical query in an order passed last Wednesday to emphasize that people should not be discriminated against on the basis of skin tone or race. The Judge was promoted to take up the issue last month after an African national involved in the NDPS case was referred by the derogatory term in the official records. (Amarjit vs. the State of Punjab)
In an order passed last Friday, the Bench of Justices TV Nalawade and SD Kulkarni said,
"... this Court may visit the sites to see that there is a discipline in the staff employed in the aforesaid work and they are discharging their duties seriously and there are no lapses whatsoever and the visit will be paid as a surprise visit to the hospitals, to the quarantine institutions and even to the isolation wards and the containment zones. This Court is making it clear that if it is found that the persons who are expected to discharge the duty are not present on the spot and due to that the spread of the virus is going on, this Court will be giving directions specifically in respect of those persons to register the crime against those persons immediately and those persons may be of any rank."
"This Court will not be sparing anyone if such lapses are found." (said by High Court)
In its June 26 order, the Bench had observed,
"Unfortunately, we have developed such work culture that there are huge negligence and inaction. Considering the danger that the virus has created, it is not sufficient to only issue orders, but the authority of the officers created under the Act needs to see that the directions given are followed and the guidelines are implemented at the ground root level. It can be said that in our country only poor and middle-class persons are sufferers and they suffer when there is such calamity. They have no other alternative than to go to public institutions for treatment, help, and protection. This circumstance needs to be kept in mind by these officers. "
The court proceeded to reply to the apex court decision the Supreme Court in the case of Union of India and ors. Vs. Satya Prakash Vashishth while explaining a similar issue and rules prescribed for the post of sub-inspector has held that color blindness was not a disqualification same was not incorporated in the rules.
Accordingly, the Single Bench ordered that "the case of the petitioners shall be considered in line with the decisions of this court as referred to within a period of eight weeks from the date of receipt of the copy of the order of this court.
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