Khushi
The Supreme Court on Tuesday granted an interim stay on the Allahabad High Court order for a weeklong lockdown until April 26 in five Uttar Pradesh districts, Prayagraj, Lucknow, Varanasi, Kanpur Nagar and Gorakhpur districts on account of the COVID-19 situation.
In the appeal filed by the Uttar Pradesh government, the Bench of Chief Justice of India SA Bobde and Justices AS Bopanna and V Ramasubramanian issued notice returnable in two weeks.
The Supreme Court asked the UP government to submit within a week before the Allahabad High Court the various steps it has taken to control the pandemic while pausing the lockdown.
During the hearing, the UP government told the bench that the order by Allahabad high court will create immense administrative difficulties and that a lockdown by judicial order may not be the right approach since five largely populated cities are involved.
“In these circumstances, there shall be an interim stay on the judgment of the High Court. However, the Uttar Pradesh government shall immediately inform the High Court of steps it has taken and to be taken in future,” CJI Bobde ordered while granting the interim stay.
The Court also appointed senior advocate P S Narasimha as amicus curiae to assist it in future hearings in the UP lockdown case.
The Yogi Adityanath-led UP government challenged the Allahabad High Court order in the Supreme Court, refusing to implement it which was passed on Monday.
The SLP moved by the State government reads, “It is most respectfully submitted that though the intention behind the impugned order passed by the Hon’ble Division Bench is both laudable and salutary, however, the Hon’ble High Court has completely failed to appreciate that while passing the direction of the nature as quoted above the Hon’ble High Court has effectively encroached upon the executive domain and has passed a mandamus which is incapable of being executed at the present stage, and if executed, is capable of creating panic, fear and law and order situation in the State.”
The Allahabad High Court on Monday had fixated the blame on poor governance for handling the COVID-19 pandemic situation in UP.
The order said, “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.”