[Kerala's Bakrid Relaxations amid rising Infections] "Incidents which directly affect Right to Life will be looked upon sternly": Supreme Court tells Kerala Govt. to file reply in plea seeking Stay on Relaxations

The Supreme Court today asked the Kerala Government to file a detailed reply in an intervention application filed in the suo moto Kanwar Yatra case seeking stay on the decision of the Kerala Government to relax CoVID norms in view of Bakrid festival.

The matter was heard by bench of Justice RF Nariman and Justice BR Gavai said,

"Incidents which directly affect life of citizens will be looked upon sternly and action will be taken reminding the authorities of our order dated July 16 which set out the importance of the Indian's Right to Life,"

The plea has been filed by PKD Nambiar who is a citizen of Delhi. It has been argued that despite court’s discontentment over the decision of the State of Uttar Pradesh to conduct Kanwar Yatra, Kerala Government is acting in a casual manner by relaxing the CoVID norms. 

Senior Advocate Vikas Singh appearing for PKD Nambiar submitted that 13,000 cases of Covid are being recorded in Kerala currently and the Kerala Government has enforced relaxations of the Lockdown. 

“The Positivity rate in Kerala is 10%+. In UP, the Kanwar Yatra was cancelled at a positivity rate of 0.2%. Kerala continues to add to the positive cases across the country even though the other states continue to show decline,” Senior Advocate Vikas Singh argued pressing for passing immediate orders of stay. 

Appearing for another intervenor, Senior Advocate Radhakrishnan urged for only allowing the essential religious practices. 

“God helps those who help themselves. Only essential religious practice to be allowed. This larger issue must be looked at by the lordships,” Senior Advocate Radhakrishnan added.

Appearing for the State of Kerala, Advocate G Prakash submitted that only some shops would be allowed to open to facilitate the festival. 

While seeking time to file a reply, he argued that all restrictions are being followed and that Kerala is the only state which is publishing the Covid cases list.

“To the utter dismay of India’s citizens, Kerala Government on the same day announced a three day relaxation of the lockdown restrictions on July 18, 19 and 20 keeping in view the Bakri-Eid festival,” the application states.

It was also argued in the plea that political interest and cause cannot overcome the fundamental rights of the citizens of this nation and that the act of the Government of Kerala is noting but politically motivated, moreover the decision is totally contrary to the observation and spirit qua which the Hon’ble Court has shown its concern over the present pitiable situation of this nation.

It is pertinent to mention that India's top doctors' body, the Indian Medical Association or IMA, on Sunday warned the Kerala government against easing Coronavirus restrictions ahead of Eid al-Adha or Bakri Eid because of the "inevitable, impending third wave".

The IMA said that if the order is not withdrawn, with the sense of altruism, they will be forced to approach the Supreme Court against the Kerala government order.

On July 16, 2021 the Supreme Court appreciated the prompt responses of the Union of India and State Governments in dealing with the Conduct of Kanwar Yatra amid Covid 19 and had noted that the Religious rights were subservient to the Right to life of citizens.