UP government moves SC challenging Allahabad HC order imposing COVID lockdown in 5 cities

In a breaking development, the Uttar Pradesh government has moved the Supreme court (SC) challenging the Allahabad High Court's (HC) order directing lockdown to be imposed in five cities in the state amid a surge in COVID-19 cases being reported. The UP govt's move to challenge the Allahabad HC order came after the latter directed lockdown to be imposed in Lucknow, Kanpur Nagar, Gorakhpur, Prayagraj and Varanasi till April 26 while advising the state government to impose a complete lockdown in Uttar Pradesh for a period of at least two weeks.

As per sources, the UP govt will challenge the HC's orders citing that it is outside the jurisdiction of the judiciary to order a lockdown to be imposed in parts of the state. The UP govt's petition will be heard by the Supreme Court on Wednesday after the matter was mentioned for listing before the Chief Justice of India (CJI) by Solicitor General Tushar Mehta. 

Allahabad HC orders lockdown in 5 UP cities

The Allahabad High Court on Monday directed the Uttar Pradesh government to impose a lockdown in 5 cities till April 26 to break the chain of COVID-19 infection. The division bench of Justice Siddhartha Varma and Justice Ajit Kumar contended that the stricter novel coronavirus curbs would also ensure that the frontline healthcare workers get respite and can pay more attention to the patients who are already admitted. Blaming the government for not planning in advance for the second COVID-19 wave, the HC observed, "If popular government has its own political compulsions in not checking public movements during this pandemic, we can not remain mere passive spectators. 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." 

Here are the new curbs ordered by HC till April 26: 

• 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
• All shopping complexes and malls shall remain closed
• All grocery shops and other commercial shops excluding medical shops, with more than three workers shall remain closed
• All hotels, restaurants and even the small eating points on thelas etc. shall remain closed
• 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 (this direction is for the whole of Uttar Pradesh)
• No social functions and gatherings including marriage functions shall be permitted. 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
• All religious activities in public of any kind is directed to remain suspended
• All religious establishments of any kind are directed to remain closed
• All hawkers including fruits and vegetable vendors, milk vendors and bread vendors, shall go off the road by 11 am every day
• 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.
• 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