UP Govt's Challenge Against Allahabad High Court Order Imposing Lockdown In 5 Cities: Live Updates From Supreme Court

CJI: PS Narasimha shall act as amicus curiae.

SG: Obliged, your Lordship. Grateful.

SG: Or with these directions, HC can be informed.

CJI: No, no. Let it be here. Whom should we appoint ? Ms. Aishwarya Bhati ? She regularly appears for UP.

SG: Yes, she does.

CJI: Returnable two weeks.

SG: I have no objections. The issue is HC took suo moto cognisance.

CJI: But somebody must appear, no. We will appoint amicus. 

SG: We can report to SC as well.

CJI: Why should we entertain this ? Then we will have litigation all over the country on imposing lockdowns. Other States will be like you are down for Allahabad, why not other States. 

CJI: In these circumstances, there will be interim stay of judgement of HC. But, Petitioner shall immediately report to HC about steps it has taken and proposes to take within one week. 

CJI: He submits that the directions are as rigorous as the lockdown though HC has observed that they are nowhere close to a complete lockdown.  

CJI: He further submits that the blanket lockdown imposed by the Court in five cities in terms of impugned order will create immense administrative difficulties. 

SG: Several steps that have been taken. Directions have been issued which the State has taken and we don’t object. But, to lock down five cities by judicial order may not be the right approach.

The Bench is now discussing the issue.

CJI: Okay, issue notice. Shri Tushar Mehta states that the State Govt has issued several directions to contain the spread of the Coronavirus and are taking adequate precautions. 

CJI: Before you begin, you must delete HC. You cannot have HC as a Respondent.

SG: It was prepared overnight. I couldn’t read. 

Noting that the recent surge of pandemic COVID-19 has virtually incapacitated all medical infrastructure in the State of U.P. and especially in cities like Prayagraj, Lucknow, Varanasi, Kanpur and Gorakhpur, the Allahabad HC imposed Lockdown in these cities till April 26.