COVID19- "Ensure Prompt Action If Untoward Incident Affecting Lives Of Public Takes Place": Supreme Court To Authorities

Dealing with its suo moto case raising concerns over proposed Kanwar Yatra in the State of U.P. (now canceled), the Supreme Court today asked the State authorities to ensure that any untoward incident directly affecting the lives of the public shall be looked upon sternly and prompt action is taken immediately.

The Supreme Court stressed that the authorities must have regard to Article 144 of the Constitution of India which essentially mandates that all authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court

The Bench headed by Justice RF Nariman specifically observed thus:

"We may only remind the authorities at all levels to have regard to Article 144 of the Constitution of India, and ensure that untoward incidents which directly affect the lives of the public will be looked upon sternly and prompt action taken immediately..."

The Court further reminded the authorities of a paragraph in its order dated 16.07.2021, wherein it had said that in categorical terms that the State of Uttar Pradesh cannot go ahead with its decision to allow the Kanwar Yatra in the State amid the COVID-19 pandemic.

The Paragraph was related to the importance of the Citizens' of India's Right to Life  and it read thus:

"We are of the view that this is a matter which concerns everyone of us as citizens of India, and goes to the very heart of Article 21 of the Constitution of India, which has a pride of place in the fundamental rights Chapter of our Constitution. The health of the citizenry of India and their right to "life" are paramount. All other sentiments, al beit religious, are subservient to this most basic fundamental right."

It may be noted that the Kanwar Sanghs of different districts of Uttar Pradesh on Saturday decided to call off the Kanwar Yatra in Uttar Pradesh after holding consultations with the Uttar Pradesh Government.

Thereafter, today an application had been moved before the Supreme Court challenging the Kerala Government's decision to relax, for three days, Covid-19 induced lockdown restrictions in view upcoming Bakrid festival.

Hearing the matter today along with its suo moto case, the Court asked the Kerala Government to file its response by the end of the day and directed the registry to list the matter as first item tomorrow.

This order came after Supreme Court noted State Government's stand that like last year, this year too, the Kanwar yatra will be postponed.