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Pay heed to Article 21 read with Article 144, Follow Kanwar Yatra order for Bakrid: Supreme Court

Pay heed to Article 21 read with Article 144, Follow Kanwar Yatra order for Bakrid: Supreme Court

By Shashank Mohan

“We direct the State of Kerala to give heed to Article 21 read with Article 144 of the Constitution of India and follow our orders given in the Kanwar Yatra case,” a two-judge bench of the Supreme Court said in an Intervention Application filed by the Kerala Government in the Suo moto Kanwar Yatra case of Uttar Pradesh.

The direction came at the backdrop of the Kerala government’s recent decision, relaxing the covid 19 lockdowns in the state for the occasion of BAKRID. The Kerala government informed the Hon’ble court that the relaxation is given to support the traders who are in miserable condition due to complete regular lockdown periods.

Also, the government stated that the traders have pilled up goods for the purpose of selling on the festive occasion of Bakrid. Given the fact that there is a strict restriction on the opening of shops, the traders are agitating and declaring to open their shops all across the state, flouting covid protocols.

Therefore, the government came to the decision of relaxing stringent curbs, however, all the covid related protocols will be followed during this period. The state government has appealed that only those citizens who have taken the first dose of the vaccine visit the shops.

In reply to this argument, the court held; “Pressurehood of any manner cannot infringe upon the most precious right of right to life for citizens of India. If any untoward incident takes place, then any public can bring to our notice and action will be taken accordingly.”

The decision of the supreme court in the suo moto Kanwar Yatra case of Uttar Pradesh firmly established that Article 21 read with article 144 must be given heed. In times of this unprecedented pandemic, such religious gatherings may bring a disaster and worsen the already dilapidated condition of the country.

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