Allahabad High Court rules near lockdown in 5 cities
The Allahabad High Court has ordered a near total lockdown in five cities of Uttar Pradesh in the light of the rising number of COVID cases in the state. It will remain effective till April 26, 2021.
The High Court order comes, even as the Uttar Pradesh Government led by Chief Minister Yogi Adityanath has been in the denial mode that things are going out of hand in the state.
Over the last few days, there have been complaints from the general public that ambulances, medicines, oxygen, hospital beds and even timely cremation are not available in almost all major cities and towns of the state.
The Allahabad High Court bench comprising Justice Ajit Kumar and Justice Siddhartha Varma pulled up the state government for the lack of response when “the medical system could collapse if urgent measures are not taken’.
The Court ordered the state authorities to enforce restrictions in Prayagraj (Allahabad), Lucknow, Varanasi, Kanpur Nagar and Gorakhpur. The restrictions amount to a near lockdown.
The Bench took a serious note of the situation in the state, where “even if the Chief Minister of the State is in isolation and only VIPs are getting medical treatment”.
“We find from the scenario that emerges from the Government Hospitals that admission of patients to ICUs are largely being done on the recommendation of VIPs. Even supply of life saving anti-viral drug namely Remdesivir is being provided only on the recommendation of VIPs…..Even the Chief Minister of the State is in isolation in Lucknow,” the order said.
If popular government has its own political compulsions in not checking public movements during this pandemic, we cannot remain mere passive spectators, the Court stated.
The Court added that public health is the top most priority and call of the moment and ‘any complacency of any degree today will cause havoc to people’.
"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," the Bench noted.
The Court issued the following orders to the State authorities to be enforced in the cities of Prayagraj, Lucknow, Varanasi, Kanpur Nagar and Gorakhpur:
1. All establishments be it government or private, except financial institutions and financial departments, medical and health services, industrial and scientific establishments, essential services including municipal functions, and public transport, shall remain closed till April 26, 2021. The judiciary will however, function on its own discretion;
2. All shopping complexes and malls shall remain closed till April 26, 2021;
3. All grocery shops and other commercial shops excluding medical shops, with more than three workers shall remain closed till April 26, 2021;
4. All hotels, restaurants and even the small eating points on thelas etc. shall remain closed till April 26, 2021;
5. All institutions like educational institutions and other institutions relating to other disciplines and activities be it government, semi government or private shall remain closed including for their teachers and instructors and other staff till April 26, 2021 (this direction is for the whole of Uttar Pradesh);
6. No social functions and gatherings including marriage functions shall be permitted till April 26, 2021. However, in case of already fixed marriages a necessary further permission would have to be taken from the District Magistrate of the concerned district. Gatherings would be limited to 25 persons and the district magistrate concerned shall take decision after giving due consideration to the prevailing situation of the impact of Covid 19 including notification of containment zones in the area where such marriage has to take place;
7. All religious activities in public of any kind is directed to remain suspended till April 26, 2021;
8. All religious establishments of any kind are directed to remain closed till April 26, 2021;
9. All hawkers including fruits and vegetable vendors, milk vendors and bread vendors, shall go off the road by 11 AM every day till April 26, 2021;
10. Containment zones shall be notified every day in two leading Hindi and English newspapers having wide circulation in the districts of Prayagraj, Lucknow, Varanasi, Kanpur Nagar/Dehat and Gorakhpur.
11. All public movements on roads would remain restricted completely, subject to above directions. Movements would be only allowed in case of medical help and emergencies.
The Court also exhorted the State government to go for robust for implementation of the current vaccination programme.
“In this order if we have not imposed a lockdown it does not mean that we do not believe in it. We are still of the view that if we want to break the chain a lockdown for a duration of at least two weeks is a must,” the Court said.
The Court urged the government to consider imposing a total lockdown in the whole State for two weeks.