SC comes down hard on Kerala govt for Bakrid relaxations

New Delhi: The Supreme Court on Tuesday Came down hard on the Kerala government for relaxing Covid restrictions for Bakrid.

A bench of Justices R.F. Nariman and B.R. Gavai said that the government's affidavit has disclosed a "sorry state of affairs", and pointed out relaxation for even one day in an area having critical spread of infection was "wholly uncalled for".

"We may only indicate that this affidavit discloses a sorry state of affairs as has been stated herein above, and does not in any real manner safeguard the Right to Life and Health guaranteed to all the citizens of India under Article 21 of the Constitution of India" said apex court.

The bench added it may also be pointed out that the "relaxation for one day to a category D (area having critical spread of infection) area was wholly uncalled for".

Citing the Kerala government's July 17 notification relaxing Covid curbs for Bakrid, the bench said: "We may also indicate that if as a result of the notification dated July 17, 2021, any untoward spread in the Covid-19 disease takes place, any member of the public may bring this to the notice of this court, after which this court will take necessary action against those who are responsible."

The bench added pressure groups of all kinds, religious or otherwise, cannot in any manner, interfere with this most precious fundamental right of all the citizens of India.

While defending its decision to relax lockdown norms for 'Bakrid' festivities, the Kerala government said the traders were expecting that festival sales would alleviate their miseries to a certain extent and they had stocked up goods for this purpose much earlier. "The organisation of traders started to agitate against the stringent curbs implemented... and declared that they will open shops all over the state flouting regulations," it said.

However,citing Kerala's response, the bench added that the state also blithely records that the opening of shops will strictly follow Covid protocols and they are ready to follow additional regulations ordered by the state, if any.

The top court did not pass any order quashing the notification issued by the Kerala government.