Uttar Pradesh government has moved the Supreme Court challenging the Allahabad High Court order issuing directions to impose lockdown in the five cities of Uttar Pradesh to tackle the current Covid situation.
The court has decided to hear the matter today.
Seeking an urgent listing, the matter was mentioned by Solicitor General Tushar Mehta on the behalf of Uttar Pradesh government before the apex court bench headed by incumbent Chief Justice of India, SA Bobde.
“A virtual lockdown has been imposed by way of a judicial order in cities like Prayagraj, Lucknow. Please have it today, at the end of the board,” submitted SG Mehta.
He further stated that it is not within the jurisdiction of the judiciary to order a lockdown.
On Monday, Allahabad High Court took a serious view of the Covid-19 emergency situation and issued few directions virtually including lockdown in five cities of the State till April 26.
The order was issued by a division bench of Justice Ajit Kumar and Justice Siddhartha Varma. The High Court bench pulled up the State government for its lack of response stating that the medical system could collapse if urgent measures are not taken.
The court further 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.”
“It is a shame that while the government knew of the magnitude of the second wave it never planned things. If people die of the pandemic in a large number due to paucity of sufficient medical aid it would be the governments to blame which failed to counter the pandemic even after one long year of experience and learning. One would only laugh at us that we have enough to spend on elections and very little to spend on public health,” said the division bench of High Court.
While announcing the order, the court further stated that if the popular government has its own political compulsions in not checking public movements during this pandemic, we can not remain mere passive spectators.
The High Court announced lockdown in five cities including Prayagraj, Lucknow, Varanasi, Kanpur Nagar, and Gorakhpur. The court ordered closure of all establishments except financial institutions and financial departments, medical and health services, industrial and scientific establishments, essential services including municipal functions, and public transport in those five cities till April 26.
However, the Yogi Adityanath led UP government made it clear that it will not impose any lockdown in the State.