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Supreme Court Of India

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Pinarayi Vijayan supreme court
Pinarayi Vijayan supreme court

Sorry state of affairs, says SC on Kerala chief minister Pinarayi Vijayan's decision to relaxation in Covid-19 curbs for Eid

By - Siju Kuriyedam Sreekumar -- Tuesday, July 20, 2021 , 03:30 PM
   Pinarayi and kerala map
Pinarayi and kerala map
         
   The relaxations were announced by Kerala chief minister Pinarayi Vijayan for three days for EID . The court said the state government's decision to allow shops to open for a complete day on July 19 in areas where positivity rate exceeded 15 per cent shows the "sorry state of affairs".

Calling it an alarming situation, the bench of justices RF Nariman and BR Gavai said that pressure groups of any kind, religious or otherwise, cannot in any manner interfere with the most precious right of life and health of citizens of India.

"We direct Kerala to give heed to Article 21 read with Article 144 of the Constitution of India and follow our orders given in the Kanwar Yatra case," the bench said. The court had asked the Uttar Pradesh government to reconsider its decision

The Supreme Court did not set aside the state government's decision to provide relaxation in Covid-19 lockdown restrictions, but allowed people to approach the court if, as a result of the decision, any untoward spread of the Covid-19 disease takes place.

Kerala government’s move to relax Covid-19 protocols for Eid celebrations in areas where the test positivity rate (TPR) was more than 15 per cent shows a “sorry state of affairs” and doesn’t, in any manner, safeguard the right to life and health of the citizens, the Supreme Court said Tuesday.

A bench of justices R.F. Nariman and B.R. Gavai was hearing an intervention application filed before the court in the suo motu cognisance matter related to Kanwar Yatra. The application drew the bench’s attention to Kerala’ governments 17 July notification that relaxed lockdown restrictions in category D areas where stringent conditions were imposed due to the high positivity rate.

Under the restrictions, the opening of shops or any sort of trading was strictly prohibited. But the notification allowed shops, including those carrying out business in non-essential services, to operate for one day — on 19 July.

Noting the relaxation was “wholly uncalled for”, the bench ordered the Kerala government to pay heed to Article 21 (right to life and health) and Article 144 (All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court) and follow its orders to the Uttar Pradesh government on Kanwar Yatra.

The bench strongly condemned the state for “giving in” to pressure groups of traders. This remark was made when the court was informed that the Covid curbs were eased after traders threatened to keep their shops open notwithstanding the lockdown.

The traders had assured the state government to follow all Covid norms. However, the judges felt the state “blindly” accepted the promise, which, it added, “do not inspire confidence in the public of India or the court.”

It reiterated that “pressure groups of kinds, religious or otherwise, cannot in any manner interfere with the fundamental right to life and health.”

The court noted that even the state was mindful of the high positivity rate in the areas falling under category D, as the notification specifically stated only those with one dose of vaccine would be allowed to visit markets and shops.

“The aforesaid facts disclose an alarming state of affairs. To give into the pressure groups shows that the citizens of India laid bare to a nationwide pandemic and discloses a sorry state of affairs,” the court said.





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