PIL - 02

BEFORE THE HON’BLE SUPREME COURT OF GOTHAM

EXTRAORDINARY ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. ___________ OF 2020

PUBLIC INTEREST LITIGATION

(UNDER ARTICLE 32 OF THE CONSTITUTION OF GOTHAM READ WITH
ORDER XXXVIII RULE 12(1)(D) & (2) OF THE SUPREME COURT RULES, 2013)

1ST ILNU PIL DRAFTING COMPETITION, 2020

IN THE MATTER OF -

NGO SANITIZE AND STAY HYGENIC (SASH) … PETITIONER

VERSUS

REPUBLIC OF GOTHAM … RESPONDENT

WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF GOTHAM

SEEKING A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTION TO THE RESPONDENT TO ENSURE THE RIGHT TO
HEALTH AND LIFE OF THE CITIZENS OF THE REPUBLIC OF GOTHAM.

1
2
 BEFORE THE HON’BLE SUPREME COURT OF GOTHAM
EXTRAORDINARY ORIGINAL JURISDICTION
WRIT PETITION (C) NO. ___________ OF 2020
PUBLIC INTEREST LITIGATION

IN THE MATTER OF

NGO SANITIZE AND STAY HYGENIC (SASH) … PETITIONER

VERSUS

REPUBLIC OF GOTHAM … RESPONDENT

INDEX

S.No. Particulars Page No.

01. Synopsis and List of Events 3-4
02. Writ Petition along with affidavit in support 5-12
03. List of Appendix 13

3
 BEFORE THE HON’BLE SUPREME COURT OF GOTHAM
EXTRAORDINARY ORIGINAL JURISDICTION
WRIT PETITION (C) NO. ___________ OF 2020
PUBLIC INTEREST LITIGATION

IN THE MATTER OF

NGO SANITIZE AND STAY HYGENIC (SASH) …

PETITIONER

VERSUS

REPUBLIC OF GOTHAM … RESPONDENT

SYNOPSIS AND LIST OF EVENTS

SYNOPSIS

The Petitioner is filing the present Writ Petition in Public Interest under Article 32 of the
Constitution of Gotham seeking Mandamus to take immediate actions for arrangement of
proper quarantine facilities, medical supplies and sanitization of places, the lack of which is
violating the Fundamental rights guaranteed to citizens of Gotham under Article 21 of the
Constitution of Gotham.

The quarantine guidelines furnished by the Ministry of Health and Family Welfare,
Government of Gotham are not being followed to curb the spread of COVID-19 disease. The
disease is known to be spreading through human contact and has proved to be fatal. There is a
lack of isolation facilities and sanitization thereof which is the basic need to combat the
disease. Therefore, in the interest of the public, the Petitioner in this present petition has filed
a Public Interest Litigation for the same.

4
 LIST OF EVENTS

DATE EVENT

31.12. 2019 The Disease COVID-19 was first identified in

the Divided States.
13.01.2020 The disease COVID-19 started spreading from
Divided States to different nations.
30.01.2020 The disease COVID-19 first case detected in
Republic of Gotham
08.04.2020 Cases in Republic of Gotham reached 5000
and deaths to 150.
15.04.2020 The Present Petition is hereby filed before the
Hon’ble Supreme Court

5
 BEFORE THE HON’BLE SUPREME COURT OF GOTHAM
EXTRAORDINARY ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. ___________ OF 2020
PUBLIC INTEREST LITIGATION
(UNDER ARTICLE 32 OF THE CONSTITUTION OF GOTHAM READ WITH
ORDER XXXVIII RULE 12(1)(D) & (2) OF THE SUPREME COURT RULES, 2013)

IN THE MATTER OF

NGO SANITIZE AND STAY HYGENIC (SASH)

REGISTERED OFFICE AT PLOT NO. 14, VAISHNODEVI CIRCLE
S.G.HIGHWAY, AHMEDBAD - 382481 … PETITIONER

VERSUS

REPUBLIC OF GOTHAM … RESPONDENT

WRIT PETITION UNDER ARTICLE 32

OF THE CONSTITUTION OF GOTHAM
SEEKING A WRIT OF MANDAMUS OR
ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTION TO THE
RESPONDENT TO ENSURE THE
RIGHT TO HEALTH AND LIFE OF THE
CITIZENS OF THE REPUBLIC OF
GOTHAM.

To,
The Hon’ble Chief Justice of Gotham
And his companion of Judges
Of the Supreme Court of Gotham

6
 The Petitioner abovenamed in his humble petition
MOST RESPECTFULLY SHEWETH
1. That the present Writ Petition under Article 32 of the Constitution of Gotham is being
filed by the way of Public Interest Litigation seeking Mandamus to take adequate and
immediate steps regarding the arrangement of proper quarantine facilities, medical
supplies and sanitization of places to protect the citizens from the fatal disease COVID-
19, which is being spread over the nation.
2. That the Petitioner is an Non-Governmental Organization, which was established in the
year 2000 in the district A, for the protection of the poor people from harmful diseases
and is run by Mr. X, a Reputed Social Activist. The NGO has been recognized by the
Government of Gotham and has received many awards for the work done by it.
3. That the present Petition is being filed in the Public Interest and submits that the
Petitioner does not have any personal interest or gain in filing the present Petition. The
present Petition is being filed in the interests of the Citizens of Gotham.
4. That the Petitioner is filing the present Petition on its own and not at the instance of
anyone else. All the litigation costs, including the advocate’s fee and other expenses are
being borne by the Petitioner.
5. That the facts of the case in brief are as follows:-
3.1 The Respondent state is a socialist-welfare and democratic state. The Respondent
state is prone to diseases such as polio and small pox due to lack of adequate
sanitation facilities, especially in the rural parts of the country.
3.2 In December, 2019, a new virus COVID-19 was detected in Springfield, Divided
States, which led to a large number of infection and deaths. Since, the virus was
contagious by touch, it slowly spread around the world, including the Republic of
Gotham. The virus has infected over 5,000 individuals and has caused the death of
150 cases in the State.
3.3 Since, the virus is contagious by touch and can spread by human contact, the
facilities require isolation wards, quarantine areas, regular sanitization facilities in
the state and adequate medical supplies for the infected people. However, the
Republic of Gotham does not possess any of the requisite facilities to curb the
spread of the fatal virus all around the country.
3.4 The first case of the disease COVID-19 was identified in the month of January,
2020 and thereby started to spread quickly. The Ministry of Health and Family

7
 Welfare issued the Guidelines for Quarantine Facilities for COVID-19 in the
Month of March, 2020, after a delay of one month. The guidelines have not been
issued either to the local authorities or to the public, which shows the lenient
attitude towards the fatal disease.
3.5 The Petitioner has put all its efforts and financial resources for helping the poor
people in the District A, and tried to control the disease in the area, thereby
performing the job of the Government of Gotham and their local authorities.
4. That, there have been multiple articles published in well-reputed national and local
newspapers in the Republic of Gotham regarding the poor availability of measures to
curb the spread of COVID-19 disease. Moreover,
5. That it is humbly submitted that if adequate measures are not taken on time by the
Government of Gotham, there shall be serious health and social consequences throughout
the nation, which shall be irreversible.
6. That it is humbly submitted that the Petitioner in the present Petition has not filed any
civil, criminal or revenue litigation, involving the Petitioner, which may have a legal
nexus with the issues in this present Public Interest Litigation.
7. That it is humbly submitted that the issue raised in the present Public Interest Litigation
was never dealt with nor decided by the court of law at the instance of the Petitioner or to
the best of his knowledge, at the instance of any other person. No cost has been imposed
or awarded upon the Petitioner in any Public Interest Litigation filed by the Petitioner.
8. That the Petitioner approaches the Hon’ble Court with the following grounds, which are
being taken without prejudice to one another:-

GROUNDS

(i) That the Petitioner has filed the Public Interest Litigation before this Hon’ble
Court under Article 32 of the Constitution of Gotham and thus cannot be refused
jurisdiction of this Hon’ble Court merely because there was alternative remedy
available.
(ii) That it was held in the matter of Rajasthan S.E.B. v. Union of India (2008) 7
SCR 1025 that the availing the alternative remedy is a discretion and not a
compulsion and therefore, Public interest litigation of petitioners received under
Article 32 cannot be denied.

8
(iii) That in the matter of PUDR vs Union of India (AIR 1982 SC 1473) (hereby
annexed as Annexure A), the Hon’ble court held that
“the public interest litigation can be filed by any “public spirited persons and
organisations” for the enforcement of constitutional and legal rights of any
person or group of people”.
(iv) That in the matter of Indian Council of Environment Legal Action vs Union of
India (1996, 5 SCC 281), the public interest litigation was filed by a voluntary
organisation.
(v) That NGOs can approach the Hon’ble Supreme Court under Article 32 of the
Constitution for the interest of public at large when their rights mentioned under
part III of the constitution are being violated.
(vi) That the rights to health and right to life of the citizens under Article 21 of the
Constitution of Republic of Gotham is violated by the Respondent by not having
adequate quarantine facilities, medical supplies and sanitization during the
situation of pandemic.
(vii) That as stated by the Hon’ble court in the matter of Confederation of ex-
servicemen Assns. Vs Union of India ((2006) 8 SCC 399), right to life does not
include only physical existence but also covers the quality aspects of life.
(viii) That the improvement and protection of health should be the primary focus of any
nation and Republic of Gotham being a Socialist- welfare state has a duty improve
its health care facilities for the on-going pandemic situations by creating better
quarantine facilities, clean and sanitized places and providing doctors with proper
medical kits.
(ix) That it is stated in Article 47 that improving health conditions for the citizens
should be kept at the same pedestal as any other constitutional right.
(x) That in the matter of Vincent vs Union of India (A.I.R. 1987 SC 990) (hereby
annexed as Annexure-B), the Hon’ble court held that
“A healthy body is the very foundation for all human activities. In a welfare state
therefore, it is the obligation of the state to ensure the creation and the sustaining
of conditions congenial to good health.”
(xi) That there have been no adequate quarantine facilities provided by the
Respondents, which leads to a threat of spreading of COVID-19. There are
already 5000 cases detected and 150 casualties.

9
 (xii) That the right to life includes living life with dignity as held by this Hon’ble Court
in the matter of Bandhua Mukti Morcha v. Union of India (1991 4 SCC 177).
Thus, dying or being in a degrading situation due to lack of Respondent’s duty
towards its citizens take their right under Article 21.
(xiii) That the disease is contagious via human touch and therefore quarantining the sick
from the healthy is necessary. Moreover, the estimated time for a vaccine is two
years, before which, no cure is expected and thus measures are to be taken by the
government.
(xiv) That not ordering the COVID-19 affected persons to quarantine and self-isolate
from healthy persons are an infringement to right to life under Article 21 of the
Constitution of Gotham as every citizen has a right to live a healthy life.
9. That the Petitioner craves leave to plead and refer to additional grounds at the time of
hearing.
10. That the present Petition is filed bona-fide and in the interest of Justice.

GROUNDS FOR INTERIM RELIEF

(i) That the vaccination is not currently available for the cure of COVID-19 and the
same shall take approximately two years to be developed.
(ii) That the infection of the disease is rapid and highly contagious, which increases
the risk of the disease.
(iii) That the delay in any order by the Hon’ble Court shall only increase the number
of the cases of the disease.

PRAYER

In lieu of the detailed facts and submissions prescribed hereinabove, it is most respectfully
being prayed to this Hon’ble Court to:-

(i) Issue a Writ of Mandamus or any other appropriate Writ that the Hon’ble Court
may deem fit to the Respondent seeking action for arrangement of proper
quarantine facilities, medical supplies and sanitization of places;

(ii) Issue a Writ of Mandamus or any other appropriate Writ that the Hon’ble Court
may deem fit to the Respondent to strictly follow the ‘Guidelines for Quarantine

10
 Facilities for COVID-19’ issued by the Ministry of Health and Public Welfare,
Government of Gotham;

(iii) Issue any other appropriate Writ, direction or order as the nature and
circumstances of the case may require;

INTERIM RELIEFS

(i) Issue a Writ of Mandamus or any other appropriate Writ that the Hon’ble Court
may deem fit to the Respondent seeking immediate action for arrangement of
proper quarantine facilities, medical supplies and sanitization of places until the
disposal of this Petition.
(ii) Direct the Respondent to suspend all public events to curb the spread of disease
until the disposal of this Petition.

(iii) Issue any other appropriate Writ, direction or order as the nature and
circumstances of the case may require;

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

Place:
Date: 15.04.2020
Signature
Advocate-on Record for Petitioner
Petitioner

Settled by:
Advocate-on Record for Petitioner
15.04.2020

11
 BEFORE THE HON’BLE SUPREME COURT OF GOTHAM
EXTRAORDINARY ORIGINAL JURISDICTION
WRIT PETITION (C) NO. ___________ OF 2020
PUBLIC INTEREST LITIGATION

IN THE MATTER OF

NGO SANITIZE AND STAY HYGENIC (SASH) … PETITIONER

VERSUS

REPUBLIC OF GOTHAM … RESPONDENT

AFFIDAVIT

1. That I, am the petitioner in the present case and being well conversed with the fact and
circumstances of the present case I am competent to swear this affidavit.
2. That the accompanying PIL has been prepared by me, the same may be kindly read as part
and parcel of this affidavit, the contents thereof are not repeated here for the sake of
brevity. The contents of thereto are true and correct.
3. That the contents of this affidavit have been read over to me and I have understood the
same and testify to be true and correct.
4. That I have filed the present Petition as Public Interest Litigation. I have gone through the
public Interest Litigation Rules, notifications of Hon’ble Supreme Court of India and do
hereby affirm that the present Public Interest Litigation is in conformity thereof.
5. That the petitioner has no personal interest in the litigation and neither myself nor anybody
who the petitioner is interested would in any manner benefit from the relief sought in the
present petition save as the member of general public. The petition is not guided by self-

12
 gain or gain of any person, institution, body or there is no motive other than of public
interest in filing the present petition.
6. That the contents as stated above are true and correct to my knowledge and belief.

DEPONENT

VERIFICATION

Verified on this 15th April, 2020 at New Delhi that the contents of the affidavit are true and
correct, nothing material has been concealed and no part of it is false.

DEPONENT

13
 BEFORE THE HON’BLE SUPREME COURT OF GOTHAM
EXTRAORDINARY ORIGINAL JURISDICTION
WRIT PETITION (C) NO. ___________ OF 2020
PUBLIC INTEREST LITIGATION

IN THE MATTER OF

NGO SANITIZE AND STAY HYGENIC (SASH) … PETITIONER

VERSUS

REPUBLIC OF GOTHAM … RESPONDENT

LIST OF ANNEXURES

Annexure A: PUDR vs Union of India (AIR 1982 SC 1473)

Annexure B: Vincent vs Union of India (A.I.R. 1987 SC 990)

PETITIONER

14