'Clear Instance Of Fence Eating Crops' : Plea In Supreme Court Against Physical Swearing-In Function Of LDF Govt In Kerala Amid COVID

Challenging the move of the Left Democratic Front government in Kerala to hold a physical swearing-in function at the state capital with 500 persons in attendance when the city is under a "triple lockdown" due to COVID, a Public Interest Litigation petition has been filed in the Supreme Court.

The petition filed by KM Shajahan, a political activist, calls the decision for holding physical ceremony as "a clear instance of fence grazing the crops", which can result in the putting the health of people in jeopardy.

"The Government of Kerala which on one end is enforcing lockdowns and forcing common public to confine themselves to the four walls of their homes, giving up their livelihood and other pleasures, is on the other hand spending huge amounts from the State Exchequer, for organizing a super spreader public event to show its strength and celebrate its victory in the recently held election (which was also one of the reason for the recent spike in the Covid -19 cases in the State)", the petition says.

The petitioner says that "the reckless act" of conducting the public swearing-in ceremony by the Government of Kerala in violation of the very same law and protocols, which it forcibly enforces on the public.

On May 17, a Government Order was issued giving relaxations for holding the swearing-in function at the Thiruvananhapuram Central Stadium on May 20, allowing 500 persons to attend the function provided they have negative RTPCR results or certificate of having taken two doses of COVID vaccination.

The petition filed against this decision seeks to direct State of Kerala to call off the physical swearing-in ceremony, or in the alternative to limit the attendance as 75 persons or to hold the function virtually.

"...the interference of this Hon'ble Court is highly necessary as there are none to question the absolute abuseof power by the Government of Kerala and for directing the Chief Secretary to restrict the number of participants in the swearing-in ceremony scheduled to be held on 20th May 2021 at 75, which is the maximum that can be permitted for a gathering", the plea says.

The petitioner also says that COVID restrictions were violated during the funeral ceremonies of high profile individuals such as late Rev. Dr. Philipose Mar Chrysostom and Smt. K.R.Gowri Amma.

In this connection, the PIL filed through Advocate on Record Usha Nandini also seeks directions to all states  for framing a uniform Standard Operating Procedure strictly banning any kind of public gathering with more than 50 people at any circumstances for a minimum period of 1 month.