Kerala HC sets aside Plea seeking withdrawal of Weekend Lockdown in Kerala

Shivani Pandey-

Published on: August 02, 2021 at 5:46 PM

The Kerala High Court dismissed a plea seeking withdrawal of weekend lockdowns imposed in the State owing to the Pandemic.

The Chief Justice S Manikumar and Justice Shaji P Chaly stated that the prayers sought for by the petitioners would be ultra vires the directions issued by the Apex Court.

The Petition sought guidelines to withdraw lockdown imposed on weekends and restrictions imposed on all establishments ranging from shops, banks and other institutions in the state enabling them to function on all days without any time restrictions.

Advocate Sabu P Joseph representing the Petitioner argued that the lockdown restrictions imposed by the State to contain the spread of Covid-19 have proved to be futile as evident from the current status of the continued constant rate of TPR.

The Court observed,

“When the Hon’ble Supreme Court had already taken note of the Covid situation in Kerala and observed that relaxation of the restrictions, even for a day to some category of area, was wholly uncalled for and that when the Hon’ble Supreme Court has also observed that it was the sorry state of affairs that the State of Kerala, does not in any real manner, safeguard the rightful life and health guaranteed to all the citizens under Article 21 of the Constitution, the prayers sought for, would be contrary to the directions issued by the Hon’ble Supreme Court.”

The Division Bench also noted that the Test Positivity Rate was increasing in the State, despite the steps taken by the Government to contain the spread of Covid-19.

The petition was subsequently dismissed.

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