Allahabad HC encroached upon executive domain: Govt

Allahabad high court
LUCKNOW: UP government has welcomed SC’s decision to stay Allahabad HC’s directive to impose lockdown in five districts of the state. In its special leave petition (SLP) in SC on Tuesday, the government stated it had already imposed several restrictions, but apart from saving lives it also had to think of saving livelihoods.
The government stated that high court had “effectively encroached upon the executive domain and passed a mandamus, which is incapable of being executed at the present stage, and if executed, is capable of creating panic and law and order situation in the state”.
“These steps will help stop spread of the deadly virus and currently there is no need for a complete lockdown in Uttar Pradesh,” the petition said.It further stated that high court had “effectively encroached upon the executive domain and passed a mandamus, which is incapable of being executed at the present stage, and if executed, is capable of creating panic and law and order situation in the state”. The petition went on to say the order was an “outcome of an ‘irresistible belief’ of the High Court that imposition of lockdown was the only way to break the chain of infection”.
Since it had not considered steps already taken by the government, the SLP said, the high court order had ventured into governance by “breaching the statutory principles of separation of powers between judiciary and executive”. The government said, it would not implement a lockdown in the state as such a “drastic measure” could trigger panic among people and the administration would have to mobilise logistical support to “provide either cooked or uncooked food to the needy”.
Among the steps taken so far, the government stated in the SLP it announced a fine of Rs 1,000 for first violation of the mask rule and thereafter, violators have to pay a penalty of up to Rs 10,000 every time they were seen without a mask. The government has set up a system for contacting patients in home isolation and ensuring they are provided medical kits for at least one week.
For migrant workers returning to UP from other states, the government has set up quarantine centres in every district, which have facilities for testing, food, medical aid.
    more from times of india cities

    Spotlight

    ASSEMBLY ELECTIONS 2021

    Coronavirus outbreak

    Trending Topics

    LATEST VIDEOS

    More from TOI

    Navbharat Times

    Featured Today in Travel

    Quick Links