JUDGMENT : M.S. SONAK, J. 1. Heard Mr. Gosavi, the Petitioner in person, Mr. Rohit Bras D'Sa, the Petitioner in person in the letter petition and Mr. Raunaq Rao, the learned Counsel for the Intervenor-Victor Hospital. Learned Advocate General along with Mr. Faldessai, appear for the Respondents. 2. Rule. Rule is disposed of forthwith at the request of and with the consent of the learned Counsel for the parties. 3. A nationwide 21 days lockout is underway to battle the threat of COVID-19 virus. The two petitioners, whilst appreciating the purpose of the lock-down, had basically complained about inaccessibility to the essentials like groceries etc. 4. Mr. Gosavi in his petition had, in fact, sought for implementation of exception (a) to clause 4 of the Government of India order dated 24th March, 2020. Clause 4 provides that commercial and private establishments shall be closed down. However, an exception was made in relation to shops including ration shops (under PDS), dealing with food, groceries, fruits and vegetable, dairy and milk booths, meat and fish, and animal fodder. The petition, as originally instituted, had sought for the implementation of this exception. 5. Mr. D'Sa had addressed a letter to this Court complaining about the plight of migrant labourers, as well as absence of proper system for home delivery of grocery in the State of Goa. 6. Today, both Mr. Gosavi as well as Mr. D'Sa have both made it clear that the main purport of their Petitions was not to seek opening of the grocery shops 24 x 7, but the main purport was to ensure that there is a proper system for effecting home deliveries of groceries and other essentials. They have in fact requested this Court to record this submission, so that there are no misunderstandings on this issue. 7. Mr. Rao, learned Counsel for the Intervenor has submitted that opening of the grocery shops 24 x 7 might frustrate the very purpose of a total lock-down, which is absolutely necssary in the circumstances. He has pointed out that the Intervenor operates a hospital and considering the infrastructural facilities available, not only in that hospital, but in the entire State of Goa it will be extremely difficult to combat the threat of this virus, in case it breaks out disproportionately Mr. He has pointed out that the Intervenor operates a hospital and considering the infrastructural facilities available, not only in that hospital, but in the entire State of Goa it will be extremely difficult to combat the threat of this virus, in case it breaks out disproportionately Mr. Rao submits that the situation demands that groceries and other essentials are supplied to the people through home delivery so that there is no crowding in the market and grocery shops. 8. Mr. D. Pangam, Advocate General has, at the outset, submitted that the State and the various agencies of the State are totally alive to both, the seriousness as well as the magnitude of the threat posed by COVID-19 virus and are taking all necessary steps to combat the same. He therefore submit that there was absolutely no necessity of even instituting these petitions. He submits that merely because there may be some stray incidents or aberrations here and there, there is no basis in alleging any inaction or insensitivity. 9. Be that as it may, learned Advocate General has placed before the Court the minutes of the Meeting of the State Executive Committee held on 26th March, 202 under the Chairmanship of the Chief Secretary who is also the Principal Secretary, (PWD). 10. The minutes of the Meeting dated 26th March, 2020 read as follows: “Minutes of Meeting of the State Executive Committee held in the Conference Hall of Chief Secretary, on 26th March 2020. State Executive Committee (SEC) has been constituted u/s 20 of Disaster Management Act, 2005 by notification 19-5-2005/RD (Part file) dated 23.01.2008. The SEC meeting was called to discuss the COVID19 related response mechanism in view of the National Disaster Management Authority having invoked its power u/s 6(2)(i) of DM Act, 2005 to issue directions of the State Governments and State authorities for compliance. As per Section 22 of the DM Act, 2005, SEC is the statutory body with power to coordinate and monitor disaster management in the State and can issue necessary directions. All the members of the SEC attended the emergency meeting under the Chairmanship of Chief Secretary (also Principal Secretary, PWD), Goa: 1. Shri Puneet Goel, Principal Secretary, Science and Technology 2. Shri Sanjay Kumar, Secretary Revenue, Member Secretary, SEC & SDMA 3. Shri S.K. Bhandari, Secretary, Transport The following officers attended the meeting as special invitee: 1. Shri Subhash Chandra, PCCF 2. Shri Puneet Goel, Principal Secretary, Science and Technology 2. Shri Sanjay Kumar, Secretary Revenue, Member Secretary, SEC & SDMA 3. Shri S.K. Bhandari, Secretary, Transport The following officers attended the meeting as special invitee: 1. Shri Subhash Chandra, PCCF 2. Shri Jaspal Singh, IGP 3. Ms. Nila Mohanan, Secretary, Health 4. Shri J. Ashok, Secretary, Tourism 5. Shri C.R. Garg, Secretary, Law 6. Ms. Isha Khosla, Secretary, GAD. 7. Ms. R. Menaka, Collector, North. 8. Shri Kuldeep Gangar, Secretary, Animal Husbandry Chief Secretary/Chairperson SEC discussed the instructions received in the preceding video conferencing with the Cabinet Secretary. Many States complained about the closure of Pharma industries in Goa. Concerns were also raised related to maintenance of essential supplies especially groceries due to closure of groceries and other essential food item shops. Also the committee deliberated on the current feedback of the ground situation. The following decision points emerged after deliberation. 1. The Committee unanimously agreed that State is duty bound to follow the directions issued by the Chairperson, National Executive Committee as conveyed vide the Ministry of Home Affairs, Go-I Order No. 40-3/2020-DM-I(A) dated 24.03.2020 alongwith the addendum issued on 25.03.2020 and ibid SOP issued on 26.03.2020. 2. As suggested by the Cabinet Secretary, all trucks in transit should be permitted to reach their destination to eliminate the problem of trucks stranded on the borders. Thereafter, movement should be permitted only for trucks carrying essential goods, such as groceries, food items, medicines, pharmaceutical goods, LPG, seeds and Page 1/3 fertilisers, chemicals for water and sewerage treatment and others, including the activities permitted in the above cited MHA order. 3. As other States are dependent on Goa for the supply of medicines and other Pharmaceutical products, the Committee decided that all Pharmaceutical industrial units along with its entire supply chain shall be allowed to function. 4. Manufacturing units and their entire supply chain related to essential commodities including Food products shall be permitted. 5. Petrol pumps, LPG, Petroleum and gas retail and storage outlets will be allowed to function. However, they shall be governed by the order issued by the Director, Civil Supply, Government of Goa vide Order No. DCS/ENF/ECA/Mask-Sanitizers/2020/316 dated 26.03.2020. 6. The Committee also decided that all essential services such as groceries, milk, vegetable/fruits shops shall be kept open. 5. Petrol pumps, LPG, Petroleum and gas retail and storage outlets will be allowed to function. However, they shall be governed by the order issued by the Director, Civil Supply, Government of Goa vide Order No. DCS/ENF/ECA/Mask-Sanitizers/2020/316 dated 26.03.2020. 6. The Committee also decided that all essential services such as groceries, milk, vegetable/fruits shops shall be kept open. To reduce the people's movement, no vehicle would be permitted for procurement of groceries, milk, vegetables/fruits, people can walk to procure these essential items from their nearby shops. 7. Hospitals and all related medical establishments, including their manufacturing and distribution units, both in public and private sectors, such as dispensaries, chemist and medical equipment shops, laboratories, clinics, nursing homes, ambulances etc will continue to remain functional. The transportation for all medical personnel, nurses, para-medical staff, and other hospital support services be permitted. 8. Any decision on movement of foreigners out of Goa shall be done only on the instructions issued by MEA. Thereafter, the State government shall provide full cooperation. 9. No Mall would be permitted to function. However, they could be permitted home-delivery. 10. Municipal/Panchayat Markets could be permitted if social distancing is ensured. DMA/Director Panchayat to monitor and recommend the functioning of such markets thereafter. 11. Wet markets for sale of fish and other seafood products, meat, etc. will not be permitted. 12. No bakery will be permitted to function. However, home delivery by ‘poder’ will be permitted. 13. As per the above cited SOP issued by the MHA, delivery of all essential goods including food, pharmaceuticals, medical equipment through e-Commerce will remain operational. All facilities in the supply chain of essential goods, whether involved in manufacturing, wholesale or retail of such goods through e-Commerce are allowed Page 2/3 subject to ensuring strict social distancing. The Collectors are instructed to follow the SOP issued by the MHA in this regard. 14. The Print and Electronic media shall be permitted. 15. The Committee authorised Shri Puneet Goel, Principal Secretary, Science and Technology to decide and settle any emergent issue related to provisioning of Food for labourers, stranded tourists and needy. He will collect details of members of civil society/NGOs or any individual or organisation who are ready to provide food for the needy. After assessing the demand, he will workout the mechanism to match with the supply. 16. He will collect details of members of civil society/NGOs or any individual or organisation who are ready to provide food for the needy. After assessing the demand, he will workout the mechanism to match with the supply. 16. For coordination with the districts and for overseeing the implementation of the MHA guidelines, Home quarantine, border controls in the North district, Shri Kunal, IAS and Shri Keshav Kumar, IFS and for South district, Shri Santosh Kumar, IFS and Shri CR Garg, IAS are appointed as observers. 17. Hotels can prepare the food only for the in house guests. 18. All Institutional in-house canteens/cafes are permitted for their internal use. 19. Home delivery of food items is permitted. 20. The Committee also reiterated the role of the Incident Commanders. They shall ensure the implementation of the MHA order, strict implementation of the home quarantine and border control within their respective jurisdictions. 21. The Committee authorised Shri Shri Puneet Goel, Principal Secretary, Science and Technology and Ms. Nila Mohanan, Secretary, Health to requisition vehicle and manpower, as required. Ms. Isha Khosla, Secretary, GAD may requisition manpower and vehicles from the other departments, for field duties or for any other emergent needs. 22. Shri Sanjay Kumar, Secretary Revenue, Member Secretary, SDMA shall ensure proper functioning of the State and district Control Rooms and share contact details of the key officials. Committee was informed that as per MHA orders, any person violating these containment measures will be liable to be proceeded against as per the provisions of Section 51 to 60 of the Disaster Management Act, 2005, besides legal action u/s 188 of the IPC. Sd/- (Sanjay Kumar) Secretary, Revenue Member Secretary, SEC & SDMA.” 11. The (SEC) has basically gone by the directives issued by the National Disaster Management Authority, constituted under the Disaster Management Act, 2005 (DMA). Section 22 of the DMA provides that the State Executive Committee (SEC) shall have the responsibility of acting as coordinating and monitoring body for management of disaster in the State. The learned Advocate General has pointed out that the Minutes which are placed on record reflect the decisions of the SEC, which, he submits bind the State Government. Section 22 of the DMA provides that the State Executive Committee (SEC) shall have the responsibility of acting as coordinating and monitoring body for management of disaster in the State. The learned Advocate General has pointed out that the Minutes which are placed on record reflect the decisions of the SEC, which, he submits bind the State Government. He also submits that the directives of the National Disaster Management Authority issued under Section 6(2)(l) of the DMA as reflected in Government of India's order dated 24th March, 2020 are also required to be complied with by the State Government and its agencies. 12. The Government of India's order dated 24th March, 2020, in its clause (4), whilst ordering the closure of commercial and private establishments, had made certain exceptions in relation to grocery shops etc. However, whilst making such exceptions, it was urged that the District Authorities may encourage facilities of home delivery to minimize the movement of individuals outside their homes. Further there was a clause which exempted delivery of all essential goods including, food, pharmaceutical, and medical goods through e commerce. 13. Initially, vide order dated 25th March, 2020, the State Government had taken a decision that grocery shops, etc. will be permitted to function only for the purpose of home deliveries. No public/customers were to be permitted to enter the shops for purchase of any items. Collectors were to invite applications from all interested shops/organization willing to make home deliveries. Maximum of two persons per vehicle were to be permitted for home deliveries. No delivery charges were to be levied. Passes for volunteer to effect home delivery of essential goods within a range of 1 km. were to be issued by the PI concerned. Vehicle permits, if required, were to be obtained from the Collector. State Government had also decided that the employees of e-commerce delivery service for delivery of only essential goods will be permitted on the basis of valid identity cards issued by the service providers, or as authorised by the Collector. 14. Learned Advocate General has, however, now pointed out that the State Government will go by the decision of the SEC which reflected in the minutes of the meeting held on 26th March, 2020. 15. If the decision of the SEC is perused, it is clear that no malls are being permitted to function. 14. Learned Advocate General has, however, now pointed out that the State Government will go by the decision of the SEC which reflected in the minutes of the meeting held on 26th March, 2020. 15. If the decision of the SEC is perused, it is clear that no malls are being permitted to function. However, the malls will be permitted to make home deliveries. Similarly, no bakeries are permitted to function. However, home delivery by "poder" will be permitted. Similarly, hotels are permitted to prepare food only for their in-house guests. Institutional in-house canteen/cafes are permitted to function only for their internal use. Home delivery of food items is, however permitted. Wet markets for sale of fish and other sea food products, meat etc. are not permitted. 16. In Clause 10 of the minutes dated 26th March, 2020, it is provided that Municipal/Panchayat markets could be permitted if social distancing is ensured. The Director of Municipal Administration/Director of Panchayats to monitor and recommend the functioning of such markets thereafter. 17. Upon query of this Court, learned Advocate General has clarified that the aforesaid cause 10 should not be read or understood to mean that permission is already granted for opening of Municipal/Panchayat markets. He submits that no such permission is granted as yet and all that clause 10 means that the Director of Municipal Administration or the Director of Panchayats, depending upon the progress of the situation, are conferred with the powers to issue such permissions and to monitor and recommend the functioning of such markets thereafter. This, clarifies the position that as yet there is no permission to open the Municipal/Panchayat markets. 18. The other significant clause as reflected in the minutes dated 26th March, 2020 is clause 6, which reads as follows: “6. The Committee also decided that all essential services such as groceries, milk, vegetable/fruits shops shall be kept open. To reduce the people's movement, no vehicle would be permitted for procurement of groceries, milk, vegetables/fruits; people can walk to procure these essential items from their nearby shops.” 19. Learned Advocate General submits that in term of clause 6, the grocery shops can be kept open 24 x 7. However, in order to reduce people's movement, vehicles will not be permitted for procurement of groceries, milk, vegetable/fruits. Learned Advocate General submits that in term of clause 6, the grocery shops can be kept open 24 x 7. However, in order to reduce people's movement, vehicles will not be permitted for procurement of groceries, milk, vegetable/fruits. He submits that such a decision will itself induce limitations on people's movement and thereby prevent any unnecessary crowding or hoarding of groceries etc. 20. To the specific query from the Court, learned Advocate General stated that the decision in clause 6 above is not to be construed as decision to force grocery shops to remain open 24 x 7 or to abandon the encouragement to home deliveries. He submits that the decision only permits to grocery shops to remain open 24 x 7 and further the State and its agencies will continue to take steps to see that there is some system in place for effective home deliveries, so that there is no unnecessary crowding at the grocery shops. He submits that if any permissions or passes are applied for by the grocery shops, the same will be processed expeditiously. 21. This Court appreciates and understands that in an unprecedented situation of this nature, the executive has a range of choices from which it has to make a decision. The exercise of choice, or combination of choices and the making of a decision, equally carries with it, the responsibility for such decision. The decision will therefore have to be made and the consequent responsibility for the same will also have to be assumed. 22. The complete closure grocery shops without any proper system to effect home deliveries or to account for people who have no means to even avail home deliveries might possibly make it extremely difficult for people to access essentials, which, as the term implies, are essential to life and essential to endure the unprecedented, but necessary lock-down. However, at the same time, any blanket relaxations might have the tendency to frustrate the very purpose of having a lock-down of such proportions. There is dire necessity to balance the need of providing essentials to the people without overexposing the people to this deadly march of the virus. Therefore, decisions which assess such ground realities and attempt to balance both these relevant considerations will have to be taken by the SEC and the State Government in coordination with one another. There is dire necessity to balance the need of providing essentials to the people without overexposing the people to this deadly march of the virus. Therefore, decisions which assess such ground realities and attempt to balance both these relevant considerations will have to be taken by the SEC and the State Government in coordination with one another. These are some of the relevant considerations which the authorities will have to address and focus. 23. The authorities must not allow themselves to be over-influenced by the clamour of rival groups, however well intentioned they may be or be guided by any considerations of public pressure. The clamour of seeming majorities or those that clamour the loudest, may not necessarily correspond to true public interest. The true public interest must be guided by scientific and medical opinion keeping in mind that the priority is to halt the spread of the virus and the pandemic. Though, supply of essentials is vital, the same cannot be at the cost subordinating the main purpose of the lock-down i.e. halting the spread of the virus and the pandemic. Public interest and the resolve to halt the march of this deadly virus must be the first and foremost concern. The importance of 'social distancing' can therefore never be undermined or even compromised. 24. This Court, from the very nature of its functions and limitations, cannot and is not sufficiently equipped to delve too much in the functions of the Executive Government. This Court cannot and will not substitute its own opinion for that of the Executive. But this Court can, and perhaps will be failing in its duty if it does not at least observe that whatever decision that the Executive takes, must be a balanced decision, must be a decision which embraces only relevant considerations and eschews irrelevant one. The decision must be after due application of mind to the several pros and cons and an attempt has to be made to strike a balance, however, difficult or however unpopular such balance may be. The scope of judicial review in such matters is quite limited. 25. From the limited material placed on record, it is not possible to deduce that the State or its agencies are not alive to the difficult situation. The material on record does not indicate that there is any inaction or non-application of mind. The scope of judicial review in such matters is quite limited. 25. From the limited material placed on record, it is not possible to deduce that the State or its agencies are not alive to the difficult situation. The material on record does not indicate that there is any inaction or non-application of mind. But, taking into account the nature and the magnitude of the pandemic, it is unrealistic to expect any full-proof decisions. Flexibility and not rigidity, is necessary and perhaps to be appreciated. Some element of trial and error, as pointed out by the learned Advocate General, cannot be completely ruled out in such matters. As long as relevant considerations are taken into account and the focus is on combating the virus by implementing the lockout and ensuring social distancing, some aberrations here and there must not be the cause to deflect focus from this main issue. 26. The SEC has no doubt decided to permit grocery shops to remain open 24 x 7. However, Municipal/Panchayat markets are at least presently, to remain closed. Similarly, wet-markets for sale of fish, meat, etc. are also to remain closed. Malls, bakeries, etc. are to also remain closed, except to make home deliveries. The learned Advocate General has clearly stated that the decision to open the grocery shops is not to be construed as abandonment of any system to make home deliveries. 27. A system for making home deliveries has to be put in place at the earliest. Even the directives of the National Disaster Management Authority and the Government of India propose encouragement to home deliveries. The State Government and its agencies must be proactive in encouraging and facilitating home deliveries of essentials, so that, there is no need to visit grocery shops during the period of lock-down. It is not as if the people are interested in defying the curfew and queuing in front of the grocery shops and pharmacies. Therefore, if a robust system for home deliveries of essentials is in place, the implementation of the lockout and the policy of social distancing will be achieved. Therefore, the SEC, the State Government and its agencies are directed to take all necessary measures to promote home deliveries of essentials immediately. Therefore, if a robust system for home deliveries of essentials is in place, the implementation of the lockout and the policy of social distancing will be achieved. Therefore, the SEC, the State Government and its agencies are directed to take all necessary measures to promote home deliveries of essentials immediately. The decision to permit grocery shops to remain open, should not be construed as dilution of the earlier resolve to put a system of home deliveries of essentials in place, so that there is no necessity for people to access grocery shops personally and thereby dilute the lockout. 28. The learned Advocate General has assured this Court that necessary steps will be taken to encourage home deliveries so that the people are not required to access grocery shops personally. He, in fact, referred to the position in one of the Wards of Bicholim, where, some grocery shops were delivering packages of essentials priced at Rs. 400/- to 500/- per package and submitted that such system is working satisfactorily. 29. Now that malls are to remain closed, but grocery shops or chains are to be permitted to make home deliveries, some system of placing orders over the phone, whats-app internet, etc. must be put in place, so that people can expect home deliveries of essentials. Therefore, the State and its agencies, have to create circumstances to promote home deliveries, so that most of the people have no good reason to queue in front of the grocery shops in order to acquire groceries and other essentials. 30. Further, it is necessary to impress upon the SEC and the State Government that the implementation of the decisions which the have now taken are required to be constantly monitored, supervised and if necessary, even reviewed or recalled, if the situation at the ground level so demands. There can be no scope for either urging finality or complacency in such matters. If the experience suggests that there is necessity to revert to the earlier decision involving closure of all grocery shops, such decision will have to be taken and not avoided. The learned Advocate General has assured this Court that no finality or permanence will be attached to the decisions now taken and appropriate steps will be taken at the appropriate time, depending upon the demands of the situation. 31. The learned Advocate General has assured this Court that no finality or permanence will be attached to the decisions now taken and appropriate steps will be taken at the appropriate time, depending upon the demands of the situation. 31. The State Government and its agencies will have to ensure that there is appropriate supervisory mechanism in place, so that there is no overcrowding at the grocery shops and the established norms and protocols for social distancing are duly maintained and if necessary, enforced. In particular, the State Government and its agencies will have to ensure compliance with the safe distance or the minimum one metre distance norm, when it comes to queuing. The State Government also will have to ensure that the grocery shops do not permit several people to shop at one and the same time. The State Government and its agencies must provide for helpline to attend to complaints regards breach of social distancing norms. The State Government to designate the Collectors of the two Districts or any other high ranking officers to coordinate the efforts in maintaining the social distancing norms at the grocery shops, pharmacies, etc. In fact, the learned Advocate General has assured this Court that all measures will be taken to see that the lockdown is not unduly diluted or watered down. He in fact says that such measures have already been taken and will continue, so as to ensure that there is no dilution of the lockout in the wake of the SEC's decision dated 26th March, 2020. 32. The Petitioners as well as the interventors have several suggestions to make. They are, obviously, at liberty to make such suggestions to the Chief Secretary, in his capacity as the Chairman of the SEC. Mr. D'Sa in his letter petition had raised the issue of migrant labourers. The Minutes dated 26th March, 202 indicate that the SEC has authorized Shri Puneet Goel, Principal Secretary, Science and Technology and to decide and settle any emergent issues relating to provision of food for the needy. Clause 15 in fact states that the Principal Secretary will collect details of the members of civil society/NGO or any individual or organizations who are ready to provide food for the needy. After assessing the demand he will workout the mechanism to match with the supply. 33. The Petitioner, including Mr. Clause 15 in fact states that the Principal Secretary will collect details of the members of civil society/NGO or any individual or organizations who are ready to provide food for the needy. After assessing the demand he will workout the mechanism to match with the supply. 33. The Petitioner, including Mr. D'Sa can definitely make the suggestions to Shri Puneet Goel, Principal Secretary and there is no doubt that such suggestions will be considered in accordance with the requirement of the situation. The same holds good for the suggestions which the Petitioner Mr. Gosavi and the Intervenor wish to make with regard to the issues raised in these matters. 34. The members of the public will also have to realise that the inconveniences which they will have to face during this period of lock-down are imminently in their own interests. This is really not the time to indulge into unnecessary blame games or one-upmanship. The focus of all concerned must be to combat the spread of this deadly virus and there is really no scope to deflect this focus. The learned Advocate General referred to some press reports or items in the social media, indicating overcrowding at certain places. He submitted that he has instructions to state that these are aberrations and that even such aberrations will be immediately attended to and remedial measures taken at the earliest. He however submits that such reports are not indicative of the ground realities, by and large. In any case, he assures this Court that the implementation of the decisions now taken will be continuously supervised, monitored and if necessary, reviewed. 35. By accepting the statements made by the learned Advocate General and directing the SEC, the State Government and its agencies to act accordingly and to comply with the other directions in this Judgment and Order, these Petitions and intervention application are hereby disposed of. 36. All concerned to act on the basis of an authenticated of this order.