Supreme Court stayed Allahabad High Court order of lockdown in six cities of UP till 26.04.2021. Read Full Judgment
Supreme Court stayed Allahabad High Court order for lockdown in UP
A Full Bench of the Hon’ble Supreme Court headed by the Chief Justice today heard the UP Government SLP challenging the lockdown ordered by the Allahabad High Court.
The Solicitor General submitted that the State Government has issued several directions to contain the spread of Corona Virus and are taking adequate precautions at their own. He also submitted that the directions issued by the High Court vide the impugned order are as rigorous as a lockdown though the High Court has observed that “they are nowhere close to a complete lockdown”.
The Apex Court admitted the SLP of the State of Uttar Pradesh and granted an ad interim stay of the order of lockdown passed by the Allahabad High Court.
Also, the petitioner (UP State Government) was directed to immediately report to the High Court about the steps it has taken and proposes to take in the immediate future within a period of one week in view of the current pandemic.
The Court also appointed Mr. P.S. Narasimha as Amicus Curiae to assist the Court in the matter.
The case is to be listed after two weeks
Download Copy of SC order Click Here >>
Allahabad High Court directs lockdown in six cities of Uttar Pradesh till 26.04.2021 to to break the chain of COVID-19. Read Order
Earlier yesterday, in the larger public interest, the Hon’ble Allahabad High Court had passed orders for lockdown in UP to break the chain of the pandemic COVID-19.
The important observation made by the High Court were as under:
No proper development if public health system fails
The Hon’ble Court commented that if in any civilised society, public health system is not able to meet the challenges and people die for want of proper medication, it means there has been no proper development.
Those in the helm of affairs of governance are to be blamed
The Hon’ble Court went on to say that Health and education go side-by side. Those in the helm of affairs of governance are to be blamed for the present chaotic health problems and more so when there is a democracy which means a government of the people, by the people and for the people.
The bread & butter no use for a patient
The Hon’ble Court stated that economy, economy and economy is the only tune that the government is all the time harping upon, but bread and butter if you take to a person who needs oxygen and medication, it will be of no use to him
If government has its own political compulsions , we can not remain passive spectators
Noting that even the Chief Minister of the State is in isolation in Lucknow, the Hon’ble Court went on to state that if popular government has its own political compulsions in not checking public movements during this pandemic, we can not remain mere passive spectators. We can’t shirk away from our constitutional duty to save innocent people from the pandemic which is spreading due to the negligence of a few
According to the Court, in given scenario of present time if people are restrained from going outside their homes for a week in the first instance, the current chain of spread of COVID infection can be broken and this will also give some respite to the frontline medical and health workers who would pay more attention to those patients who are already admitted. They would also get some sort of much required short rest as they are getting exhausted.
Directions of Allahabad High Court for lockdown in Uttar Pradesh till 26.04.2021
Allahabad High Court directs lockdown in six cities of Uttar Pradesh till 26.04.2021 to to break the chain of COVID-19
1. All establishments be it government or private, except financial institutions and financial departments, medical and health services, industrial and scientific establishments, essential services including municipal functions, and public transport, shall remain closed till 26th April, 2021. The judiciary will however, function on its own discretion;
2. All shopping complexes and malls shall remain closed till 26th April, 2021;
3. All grocery shops and other commercial shops excluding medical shops, with more than three workers shall remain closed till 26th April, 2021;
4. All hotels, restaurants and even the small eating points on thelas etc. shall remain closed till 26th April, 2021;
5. All institutions like educational institutions and other institutions relating to other disciplines and activities be it government, semi government or private shall remain closed including for their teachers and instructors and other staff till 26th April, 2021 (this direction is for the whole of Uttar Pradesh);
6. No social functions and gatherings including marriage functions shall be permitted till 26th April, 2021. However, in case of already fixed marriages a necessary further permission would have to be taken from the District Magistrate of the concerned district. Gatherings would be limited to 25 persons and the district magistrate concerned shall take decision after giving due consideration to the prevailing situation of the impact of Covid 19 including notification of containment zones in the area where such marriage has to take place;
7. All religious activities in public of any kind is directed to remain suspended till 26th April, 2021;
8. All religious establishments of any kind are directed to remain closed till 26th April, 2021;
9. All hawkers including fruits and vegetable vendors, milk vendors and bread vendors, shall go off the road by 11 AM every day till 26th April, 2021;
10. Containment zones shall be notified every day in two leading Hindi and English newspapers having wide circulation in the districts of Prayagraj, Lucknow, Varanasi, Kanpur Nagar/ Dehat and Gorakhpur.
11. All public movements on roads would remain restricted completely, subject to above directions. Movements would be only allowed in case of medical help and emergencies.
12. In addition to the above directions, we direct the State Government to go robust for implementing the current vaccination programme.
20. Let a copy of this order be sent to the Chief Secretary, Government of Uttar Pradesh today itself to enforce our above directions forthwith from the night of 19.04.2021 till 26.04.2021 in the cities of Prayagraj, Lucknow, Varanasi, Kanpur Nagar, and Gorakhpur. Copies of this order shall also be placed before the District Magistrates of the concerned districts.
21. Our above directions are nowhere close to a complete lockdown. We are conscious of the fact that before imposing a lockdown the concerned government has to work out various modalities. In this order if we have not imposed a lockdown it does not mean that we do not believe in it. We are still of the view that if we want to break the chain a lockdown for a duration of at least two weeks is a must.
Download Copy of judgment and order Click Here >>
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