The Supreme Court termed as "wholly uncalled for" the relaxations in COVID-19 curbs granted by the Kerala government for the Bakrid festival in areas having the highest positivity rate. It warned the state that it will take action if the easing of curbs leads to further spread of the novel coronavirus.
While hearing an application, which raised the issue of relaxations granted by the Kerala government in view of the Bakrid festival, on July 20, a bench of justices RF Nariman and BR Gavai pulled up the state government for giving in to traders' pressure by granting relaxations ahead of Bakrid and said it disclosed a "sorry state of affairs".
The bench said that the citizenary of India has been laid bare to the nationwide pandemic by grant of such relaxations by the Kerala government. "We direct the Kerala government to give heed to the Right to Life enshrined under Article 21 of the Constitution," the bench said.
Earlier, the Kerala government has informed the Supreme Court that the COVID-19 restrictions were relaxed ahead of Bakrid in view of the miseries caused to traders who were expecting the festival sales to alleviate their economic problems.
The apex court, on July 19, asked the Kerala government to file its response during the day on an application against the three-day relaxation in COVID-19 restrictions in the state in view of the upcoming Bakrid festival.
In its response, the state said, “The traders were expecting that the Bakrid sales will alleviate their misery to a certain extent. They have stocked up the goods for this purpose much early.”
The apex court pulled up the state government for giving in to traders' pressure by granting relaxations ahead of Bakrid and said it disclosed a "sorry state of affairs".
The state further said that traders had begun agitation against coronavirus curbs and said that they will open the shops, reported LiveLaw. “The organization of traders started to agitate against the stringent curb implemented in the LSGIs and declared that they will open shops all over the state flouting the regulations,” it said.
The opposition parties in the state had also demanded more relaxations in the curbs to give some respite to the traders and to allow some economic activities in the state, the government informed the court.
Kerala Chief Minister Pinarayi Vijayan announced the concessions at a press conference on July 17 and said that in view of Bakrid (Eid-ul-Azha) being celebrated on July 21, textiles, footwear shops, jewellery, fancy stores, shops selling home appliances and electronic items, all types of repairing shops and shops selling essential items shall be allowed to open on July 18-20 from 7 AM to 8 PM in category A, B and C areas. In D category areas, these shops can function only on July 19, he had said. The areas have been categorised based on test positivity rate.
Following this, the application, which raised the issue of relaxation in restrictions in Kerala, for intervention in the suo motu matter was filed by Delhi-based PKD Nambiar who has sought stay on the state's decision.