[Bakrid Relaxations] Supreme Court slams Kerala Government for relaxing Lockdown restrictions amid rising infections

The Supreme Court today directed the State of Kerala to pay heed to Article 21 read with Article 144 of the Constitution in light of its decision to relax CoVID norms in the State.

Top Court slammed the Pinarayi Government for its decision to declare lockdown relaxations for the festival of Bakri Eid directed it to follow what the Court had earlier directed in the Kanwar Yatra matter.

Bench of Justice RF Nariman and Justice BR Gavai although did not quash the notification dated July 17, 2021 which relaxed the CoVID norms but observed that,

“To give in to pressure so that citizenry of India is then laid bare to a nation by pandemic discloses a sorry state of affairs.”

Court further said that, “Even otherwise, "an assurance from traders anything more" does not inspire any confidence from people of India or this court.We may only indicate the affidavit discloses sorry state of affairs & does not safeguard the health of all citizens under Art 21.”

Further the Top Court also warned for taking stern action in case of spread of the pandemic as a result of the relaxations.

“Pressure groups of all kinds, religious or anywise cannot interfere with the fundamental rights of the citizens of India,” Court said.

Senior Advocate Vikas Singh while drawing Court’s attention to the affidavit submitted that, “Our numbers are 30k only because of Kerala.There's a breakdown of constitutional machinery. They are acting under stress & thereafter they can't govern the state.”

The Supreme Court yesterday had directed the State of Kerala 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 plea wasfiled by PKD Nambiar who is a citizen of Delhi. It was 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.

“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 stated.

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.