Thread by @barandbench

Supreme Court to shortly hear a plea seeking to quash the Kerala Govt notification easing lockdown measures in the state during Bakrid. Plea states Kerala continues to see surge in #covid19 cases and such relaxations are not permissible
#bakrid @vijayanpinarayi

However, Kerala Government has sought to justify the lockdown relaxations in the state due to frustration among traders and a situation where traders said they will open shops and flout rules #bakrid @vijayanpinarayi #supremeCourt

Read all details here: barandbench.com/news/litigatio…

Matter begins

Sr Adv Vikas Singh: It is shocking, please the affidavit by Kerala. Chief Minister is saying that as far as possible person with one shot of vaccine can attend shops. Supreme Court is closed. They have 10 percent positivity rate and UP has 0.2% positivity rate

Sr Adv Vikas Singh: this is absurd. I don't know where the country is going, our number is 30,000 all over India is only because of 15,000 for kerala. They say shopowners wanted to open shops all over and that's why they eased relaxations.

Sr Adv Singh: In spite of lockdown they have not been able to scale it down. how do you expect this to be controlled. how can the state justify this

Sr Adv Ranjit Kumar for Kerala: this was all fucntioning from June 15. It is not something which has been happening today. there is an annexure 6 circulated it was not sent late night.

Sr Adv Kumar: We even categorized the areas between below 5 ervent positivity rate, above it and above 10 percent. A and B areas gyms and indoor sports was allowed. exemption and restriction were applicable.

Justice Nariman: yous said jewellery and shoe shops were open. where was it? Para 2 and 3 is only about essential. It is completely incorrect to say completely allowed in all categories. categories remain such as A and B. What you say in para 1 is patently incorrect

Justice Nariman: Area A is where the positivity rate is low than 5 percent. only in those area these shops are allowed

Justice Gavai: if you had already opened then there was no reason for the announcement.

Kumar: today is the last day of the three days

Sr Adv Vikas Singh: somebody should be made accountable. states often fudge the testing. please get it tested too. They cannot do this and get away with it.

Kumar: These are not on affidavit. To make such claims about the states without any proof is uncalled for

Justice Nariman: we took up this case since an IA was filed by Mr Nambiar pointing out news reports which portray an alrming situation taking place in kerala due to Bakrid celebrations. we are of prima facie view that this needs an important consideration and sought a reply

Justice Nariman: Kerala Chief Secretary has filed an affidavit. We have gone through annexures of affidavit as well. by notification of June 15 state was divided into four zones in A to D categories. category a was area with low spread of covid, b was moderate spread

Justice Nariman: Area c was high spread and D was critical spread. it was pointed out that in guidelines generally applicable to the entire state in sub para B where essential items selling shops will be allowed from 7 am to 7 pm

Justice Nariman: certain special guidelines was laid down for each category. for A all shops was allowed to open with up to 50 percent worker. however B category para 3(D) specifically stated only essential items shop can function.

Justice Nariman: for category D, There was intensified restriction and weekend restriction will be there throughout the week. I

n July 21 current situation was assessed and maintained the 4 categories and now A category referred to average TPR below 5 percent, b was 5 to 10 percent and C was 10 to 15 percent and D was above 15 percent
:Justice Nariman

Certain relaxations were made thereafter. In July 17, notification was released to specific to Bakrid celebration. even a cursory glance to this notification will show that all non essential shops which were allowed in category A are now allowed from A to C category: J. Nariman

J. Nariman: in category D all these shops were allowed to remain open even though its in severe category. public was cautioned "as far as possible". It was said people "may" have one dose of vaccine visiting shops.

J. Nariman: this discloses that state government has given in to association of traders who represented before the govt and that they have sticked goods for bakrid. state has blindly recorded that shops will follow covid protocols

J. Nariman: what is extremely alarming is in category D where infection rate was higher than 15 percent a full day of relaxation was granted which was yesterday. it was stated AS FAR AS POSSIBLE persons visiting may have one dose of vaccine

J Nariman: this is alarming state of affairs. to give in to the pressure tactics so that citizenry of India to a nationwide pandemic discloses a sorry state of affairs. Usage of "as far as possible" and assurances from traders do not inspire any confidence in people of india

J. Nariman: this affidavit dislcoses a sorry state of affairs and does not in any real manner safeguard right to health guaranteed to citizens under Article 21. This is pointed out relaxation of a day to category D was uncalled for.

We direct state of Kerala to give heed to Article 21 read with Article 144 of the constitution of India and follow our orders given in the Kanwar yatra case: SC

Pressurehood of any manner cannot infringe upon the most precious right of right to life for citizens of India, if any untoward incident takes place then any public can bring to our notice and action will be taken accordingly: SC

SC: We are not quashing the notfiication. Let that be, Thanks to Mr Nambiar to bring this to our notice

[BREAKING] Pressurehood of any manner cannot infringe upon the right to life, follow our orders given in Kanwar Yatra case for Bakrid: Supreme Court

reports @DebayonRoy

#SupremeCourt #Bakrid2021
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