SC stays Allahabad HC order on lockdown in 5 UP cities; Yogi govt imposes weekend lockdown

In the latest development, the Supreme Court on Tuesday stayed the Allahabad High Court (HC) order that had directed lockdown to be imposed in five cities in Uttar Pradesh amid a huge surge in COVID-19 cases. The UP govt had moved SC challenging the HC's Monday order, arguing that it was out of the jurisdiction of the judiciary to pass such an order. The UP govt's Special Leave petition (SLP) was drafted by advocate Rajat Nair. Representing the UP govt in the SC, Solicitor General Tushar Mehta told the bench led by Chief Justice of India (CJI) SA Bobde that directions were issued by the state govt to contain the spread of COVID and that adequate precautions were being taken. He added that the judicial lockdown would create ímmense administrative difficulties. 

The SC passed an interim stay on the Allahabad HC's order but asked the UP govt to respond to the HC on steps taken to combat COVID & the measures it proposes to enforce in the coming week. The Solicitor General also urged the bench to keep the matter pending in the Supreme Court, following which CJI Bobde agreed to take it up in 2 weeks. He ordered senior advocate PS Narasimha to assist the court.

Moments after the Supreme Court imposing its stay, the Uttar Pradesh government imposed a weekend lockdown across the state. The decision was taken at a review meeting chaired by the Chief Minister.

Allahabad HC's order imposing lockdown in 5 UP cities stayed

The Allahabad High Court on Monday had 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." The order has now been stayed.