COVID19- Sr. Adv Ashwani Kumar Urges SC To Issue Suo Motu Directions To Centre, States For Banning Political Rallies And Other Events, Export of Vaccines

In his letter to the CJI and the other judges of the apex court, the former law minister states that while "there may be a case against total lockdown in the country, there is absolutely no justification for permitting/condoning super spreading events that pose an unacceptable threat to human life in a negation of Article 21".

Accordingly, he prays for the Institution to take judicial notice of the extraordinary threat to human lives in the country following a devastating surge in the Corona cases, and to issue, inter alia, the following directions suo-moto in the exercise of its plenary jurisdiction in pursuance of Article 21 of the Constitution:

a. Ban political rallies, protest assemblies, religious and festive congregations of more than 50 people until the situation is under control;

"According to uncontroverted media reports, Corona cases in the country have crossed the two lac mark per day, with no signs of the surge abating in the near future. It is officially acknowledged and medically confirmed that the life threatening surge in the number of Corona cases, which is highest in the world is substantially on account of a free run enjoyed by the super-spreading events including political rallies, religious congregations and festive events until the situation is under control. The enclosed annexures tell a grim story", he writes.

The letter cites, as one instance of a super-spreading event, the recent Kumbh Mela being held in Haridwar, where almost 2,000 people have tested positive for the Coronavirus. Other instances include the election campaigns being held in different states, where political leaders have held massive rallies flouting Covid rules. Festivals have also been celebrated where there have been gatherings in huge numbers, once again flouting the Covid rules.

Dr. Kumar submits that despite the resurgence in the cases of COVID, "no purposive and effective action has been taken by the Central and State Governments on a uniform basis across the country to stop such gatherings, and that there is laxity even in enforcing the limited restrictions announced by some of the State Governments from time to time"

"Apart from banning such events forthwith, the situation demands an immediate halt to the export of vaccines in view of the number of cases continuing to rise in the country and many citizens being denied the urgent use of vaccines. The need for easy access to vaccines for all citizens of all ages as a protection against the deadly virus is self-evident", he has advanced.

Dr. Kumar has stressed that the nation expects the highest Court of the country, as the designated protector of fundamental rights, to exercise its extraordinary jurisdiction in these troubled times and vindicate its role as custodian of the constitutional conscience.

"This Court has, on several earlier and lesser occasions shown the way in non-adversarial public interest causes as the present one. Clearly, as laid down by the Hon'ble Court in several of its celebrated pronouncements, the right to life stands at the pinnacle in the hierarchy of constitutional rights", he has said.