{"id":247369,"date":"2021-04-19T19:04:55","date_gmt":"2021-04-19T13:34:55","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=247369"},"modified":"2023-10-03T14:39:29","modified_gmt":"2023-10-03T09:09:29","slug":"allahabad-high-court-4","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2021\/04\/19\/allahabad-high-court-4\/","title":{"rendered":"“Govt. is to blame for chaos; Harsh steps necessary before pandemic spirals to engulf entire population”: All HC orders closing of all establishments (exceptions listed) till 26th April in select districts, asks Govt. to consider complete lockdown for entire State"},"content":{"rendered":"

Allahabad High Court: <\/strong>The Division Bench of Ajit Kumar and Siddhartha Varma, JJ.,\u00a0 while holding that its\u2019 their constitutional duty to save innocent people from the pandemic and in order to break the chain of COVID-19 pandemic, people are to be restrained from going outside their homes for a week, expressed that:<\/p>\n

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Those in the helm of affairs of governance are to be blamed for the present chaotic health problems and more so when there is a democracy which means a government of the people, by the people and for the people.<\/em><\/span><\/p>\n

It is a shame that while the Government knew of the magnitude of the second wave it never planned things in advance.<\/em><\/span><\/p>\n<\/blockquote>\n

Recent surge in the COVID-19 pandemic has virtually incapacitated the medical infrastructure in the State of U.P. and especially in cities like Prayagraj, Lucknow, Varanasi, Kanpur and Gorakhpur.<\/p>\n

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\u201c\u2026pandemic is teasing the system in a situation where patients have outnumbered the hospital beds and people are just running from pillar to post and in this process attendants of patients are not only getting infected but others in public are also getting infected and a complete chain has got formed.\u201d<\/em><\/span><\/p>\n<\/blockquote>\n

Court stated that before the pandemic spirals to engulf in it the entire population of these badly hit districts, it is necessary to take some harsh steps in larger public interest.<\/p>\n

Further, the Bench remarked that it understands the limitation of the government in creating infrastructure to meet the challenge of COVID-19 and at the moment efforts are afoot to create the same but before all the efforts are translated into action much water would have flown under the bridge to the utter dismay of a large population of have nots.<\/p>\n

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\u201c\u2026in a democracy there are legitimate expectations from the government to adopt measures to meet public health issues like all other issues of public interest. Public interest expects judiciary to remain vigilant to all the issues which if not addressed to in time, will result in the failure of the system which is meant to safeguard public interest.\u201d<\/em><\/span><\/p>\n<\/blockquote>\n

Adding to the above, High Court stated that if people die of pandemic in a large number due to paucity of sufficient medical aid it would be the governments to blame that failed to counter the pandemic even after one long year of experience and learning. One would only laugh at us that we have enough to spend on elections and very little to spend on public health.<\/strong><\/span><\/p>\n

Calling early testing scheme or plan a farce, Court elaborated stating that the reports are neither updated before 72 hours nor, samples are taken care of, owing to the shortage of manpower. Only VVIPs have been getting the reports within 6-12 hours.<\/p>\n

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Economy, economy and economy is the only tune that the government is all the time harping upon, but bread and butter if you take to a person who needs oxygen and medication, it will be of no use to him.<\/strong><\/span><\/p>\n<\/blockquote>\n

Pomp show of Development<\/strong><\/span><\/h3>\n

Calling out the Government, Bench expressed that if hospitals’ staff and medicos go ill for the relentless services to cure people in the pandemic, people would start losing their lives and all pomp and show of development would be of no avail.<\/p>\n

Looking at the present situation, Court stated that night curfew in the name of Corona Curfew and Weekend Curfew are nothing else but a mere eyewash.<\/p>\n

Not being satisfied with the Government efforts, Court stated that people are largely not following the Court\u2019s Order for putting masks on their faces nor, the police could ensure 100% masking till date.<\/p>\n

Due to the elections being conducted, police was virtually shifted to polling places giving priority to election above public health.<\/p>\n

No Social Distancing<\/strong><\/span><\/h3>\n

High Court stated that on many occasions in various political rallies masks were never worn by people. In our considered view action is liable to be taken against the organisers who did not anticipate such eventualities under the Uttar Pradesh Public Health Epidemic Diseases Act, 2020 and\/ or any other relevant Act in force.<\/p>\n

Admission of patients to ICUs have been largely done on the recommendations of VIPs. Even supply of life saving anti-viral drug namely Remdesivir is being provided only on the recommendation of VIPs. VIPs and VVIPs are getting their RT-PCR report within 12 hours, whereas, ordinary citizen is kept waiting for such reports for two to three days and thus, spreading further infection to other members of his\/her family.<\/p>\n

If popular government has its own political compulsions in not checking public movements during this pandemic, we cannot remain mere passive spectators.<\/em><\/span><\/p>\n

We can\u2019t shirk away from our constitutional duty to save innocent people from the pandemic which is spreading due to the negligence of a few.<\/em><\/span><\/p><\/blockquote>\n

Direction passed by the Court:<\/span><\/h3>\n