PRAYAGRAJ: The Allahabad high court on Monday directed the
Uttar Pradesh government to strictly enforce closure of public and private establishments in five UP cities of Lucknow, Varanasi,
Prayagraj, Kanpur and Gorakhpur till April 26 to break the lethal
Covid chain.
The bench, however, clarified that these directions were nowhere close to a complete lockdown, while keeping financial, industrial and scientific institutions, medical and health departments and essential services, including municipal functions and public transport out of the ambit of curbs.
Hearing a
PIL on Covid care, a division bench comprising
Justice Siddhartha Varma and Justice Ajit Kumar observed that “We are conscious that before imposing a lockdown, the government has to work out modalities. But if we have not imposed a lockdown, it does not mean we do not believe in it. We direct the government to consider imposition of a complete lockdown in the state for at least two weeks. This would not only break the Covid chain, but also give respite to health workers”, the court observed, while directing the government to go robust on vaccination.
The next hearing has been scheduled for April 26.
In a scathing observation, the bench said, “If popular government has its own political compulsions in not checking public movements during this pandemic, we cannot remain passive spectators. Public health is top priority and any complacency will cause havoc. We can’t shirk away from our constitutional duty to save innocent people from the pandemic, which is spreading due to the negligence of a few.”
When the government counsel told the court that the state was taking steps to increase beds, the court observed — “One would only laugh at us that we have enough to spend on elections and very little to spend on public health. One cannot imagine what will happen if only 10% of a city population gets infected and needs medical help in hospitals. How will the government manage with the existing infrastructure is anybody's guess? The situation has worsened over a week and if the medical and paramedical staff are not given respite, the entire system would collapse and relief will be confined to VIPs and VVIPs.”
Hitting out at VIP culture, the bench further said, “VIPs and VVIPs are getting their RT-PCR report within 12 hours, whereas ordinary citizens are waiting for two to three days, thus spreading further infection to other members of family.”
Criticising the government, the court said, “Economy, economy and economy is the only tune that the government is harping upon, but if you take bread and butter to those who need oxygen and medication, it will be of no use. You may have grocery shops full of eatables and industries which produce bikes and cars, but this will not be of use if medical stores run out of lifesaving drugs like Remdesivir. It is a shame that while the government knew of the magnitude of the second wave it never planned things in advance.”
On panchayat elections being conducted during the pandemic, the court observed, “We record our displeasure at the way the government and state election commission proceeded to hold elections by forcing teachers and government staff to perform poll duties, exposing them to the pandemic. The entire police force was virtually deployed in polling duty, giving priority to election above public health. Photographs of places where elections were held show that no social distancing was maintained. Also, at various political rallies masks were not worn by people."
The court directed authorities to act against erring organisers of political events and place the action taken report on the next date of hearing.
“In any civilised society if the public health system is unable to meet the challenges and people die for want of medication, it means there has been no proper development. Health and education go side by side. Those in the helm of affairs of governance are to be blamed for the present chaos,” the bench observed.
Court’s directives on curbs-All government and private establishments, barring financial, industrial and scientific establishments, medical and health services, essential services, including municipal functions and public transport shall remain closed till April 26.
-The judiciary will, however, function on its own discretion.
-Shopping complexes and malls shall remain closed till April 26.
-Grocery & commercial shops excluding medical shops, with more than three workers shall remain closed till April 26
-Hotels, restaurants and even the small eating joints shall remain closed
-Educational institutions and other institutions relating to other disciplines and activities be it government, semi-government or private shall remain closed including for teachers and instructors till April 26
-Public movements on roads should be restricted, except in cases of medical emergencies.
-No social functions and gatherings, including marriage functions shall be permitted till April 26. In case of already fixed marriages, further permission would have to be taken from the district magistrate of the concerned district.
-Gatherings would be limited to 25 persons and the DM shall take a decision after considering its impact, including notification of containment zones in the area where a marriage could take place
-All religious activities in public shall remain suspended.
-Hawkers, including fruits and vegetable vendors, milk vendors and bread vendors, shall go off the road by 11 am every day till April 26.
-Containment zones shall be notified every day in two leading Hindi and English newspapers with wide circulation in districts of Prayagraj, Lucknow, Varanasi, Kanpur and Gorakhpur.