The Kerala government in its defence claimed that “lockdown cannot extend indefinitely” as it is affecting traders during the festive season.
KEY HIGHLIGHTS
- Advocate G Prakash for the Kerala government told the SC bench that the state has permitted only some shops to reopen
- The intervention application was filed in suo moto cognizance of the Uttar Pradesh government’s decision to hold Kanwar Yatra while Uttarakhand has issued a ban on the pilgrimage
New Delhi: In wake of the Kerala government’s decision to relax Covid-19 restrictions for the Eid-al-Adha festival, the Supreme Court of India on Tuesday asked the state to adhere to the same guidelines laid down by the court for the Kanwar Yatra this year amid a raging coronavirus pandemic.
The court was responding to a plea against Kerala’s move to ease lockdown restrictions ahead of Eid-al-Adha (Bakr-Id) at a time when the state is dealing with an alarming surge in Covid-19 cases.
Calling it an “alarming state of affairs”, the SC bench headed by Justice Rohinton F Nariman said that to give in to the pressure tactics so that the citizenry of India amid a nationwide pandemic discloses a sorry state of affairs.
“We now come to notification which is specific to Bakrid. Even a cursory glance at this notification shows that all non-essential shops which were in Category A are now allowed in Category A-C. In category D, all these shops were enabled to function on July 19. This discloses that the state government has given in to the association of traders who represented before the government and that they have stocked goods for Bakrid. The state has blindly recorded that shops will follow Covid protocols. This is an alarming state of affairs. To give in to the pressure tactics so that citizenry of India to a nationwide pandemic discloses a sorry state of affairs. The usage of “as far as possible” and assurances from traders do not inspire any confidence in the people of India. This affidavit dislcoses a sorry state of affairs and does not in any real manner safeguard Right to Health guaranteed to citizens under Article 21. It was pointed out that the relaxation of a day to category D was uncalled for. We direct the state of Kerala to pay heed to Article 21 (read with Article 144) of the Constitution of India and follow our orders given in the Kanwar Yatra case,” the SC bench ruled.
The SC ruling was welcomed by several BJP leaders, including MoS External Affairs V Muraleedharan and Kerala BJP president K Surendran.
Senior advocate Vikas Singh, appearing for his petitioner PKD Nambiar who had filed an intervention application against the state government’s call to relax curbs, told the apex court on Monday that Kerala currently has the highest daily coronavirus cases in India.
“It’s surprising to know that Kerala still has increasing numbers when others have suppressed the situation. Kerala has an official positivity rate of 10.96 per cent and yet the relaxation has been granted. Kerala has 13,000 cases whereas Uttar Pradesh has much less COVID cases. The court should pass orders quashing the relaxation,” Singh said.
In its response, the Kerala government claimed that “lockdown cannot extend indefinitely” as it is affecting traders.
“Lockdown can’t be extended indefinitely. People are frustrated by the curbs. Experts have said that the state is unlikely to face a strong third wave due to fast and systemic vaccination,” the Kerala government response reportedly read.
Appearing for the Kerala government, Advocate G Prakash told the SC bench that the state has permitted only some shops to reopen.
“Lockdown has been lifted squarely for this reason in some areas for facilitating the festival, otherwise all norms for Covid-19 are being strictly followed,” the counsel said.
The intervention application was filed in suo moto cognizance of the Uttar Pradesh government’s decision to hold Kanwar Yatra while Uttarakhand has issued a ban on the pilgrimage.
