Breaking: Supreme Court grants interim stay on Allahabad High Court order calling for COVID-19 lockdown in Uttar Pradesh

The Supreme Court today granted an interim stay on the Allahabad High Court order calling for a lockdown in the State of Uttar Pradesh on account of the COVID-19 situation..The Bench of Chief Justice of India SA Bobde and Justices AS Bopanna and V Ramasubramanian issued notice in the appeal filed by the Uttar Pradesh government returnable in two weeks..The Court, however, made it clear that the UP government has to report back to the High Court on the steps taken by it to deal with pandemic situation..The directions of the High Court calling for a lockdown in five cities of Uttar Pradesh have been stayed..Senior Advocate PS Narasimha has been appointed as Amicus Curiae to assist the Court in the matter..Mentioning the matter for the Uttar Pradesh government, Solicitor General Tushar Mehta today told the Court,"...We have done a lot of things and many things have to be done. We are not going into merits but please allow circulation today since five cities are involved.".When the matter was taken up for hearing at around 12:30 pm, SG Mehta submitted that lockdown in the five cities by judicial orders may not be the correct approach..The Court ultimately decided to grant an interim stay on the High Court's directions to the State government."In these circumstances, there shall be an interim stay on the judgment of the High Court. However, the Uttar Pradesh government shall immediately inform the High Court of steps it has taken and to be taken in future," CJI Bobde ordered..The State government is required to inform the High Court of the steps taken to address the pandemic situation within two weeks..Following yesterday's order passed by the Allahabad High Court imposing a near total lockdown in five cities of Uttar Pradesh, the State government today approached the Supreme Court in appeal..[BREAKING] Uttar Pradesh govt moves Supreme Court against Allahabad High Court order directing lockdown in 5 cities, matter to be heard today.The SLP moved by the State government reads,"It is most respectfully submitted that though the intention behind the impugned order passed by the Hon'ble Division Bench is both laudable and salutary, however, the Hon'ble High Court has completely failed to appreciate that while passing the direction of the nature as quoted above the Hon'ble High Court has effectively encroached upon the executive domain and has passed a mandamus which is incapable of being executed at the present stage, and if executed, is capable of creating panic, fear and law and order situation in the State.".Further, it was submitted that the modalities that need to be considered before imposing a lockdown/curfew falls within the domain of the executive, and that such an action can only be taken after examining its pros and cons..Claiming that there was no empirical evidence on the basis of which the High Court could order for such a lockdown, the State claimed that the order was the outcome of an irresistible belief of the Court that imposition of lockdown was the only way to break the chain of infection..The appeal goes on to enlist the steps taken by the government thus far to curb the spread of the virus. In this background, it is stated,"It is submitted that the impugned order which is passed without even considering the steps taken by the petitioner, is therefore liable to be set aside for this reason alone as it not only encroaches upon the executive domain but effectively ventures into the arena of governance by breaching the salutary principles of separation of powers between the judiciary and executive, deserves to be set aside.".Moreover,"...sudden lockdown imposed by the Hon'ble Division Bench will entail irreparable hardship and civil consequence both on the citizenry of the said cities as well as on its administration. It is submitted that a decision to impose lock down touches upon the very basic aspects of living of every individual. To impose such drastic measures, the administrative machinery of the State has to be made well equipped at a stage anterior so as to ensure that no panic and fear is spread amongst the public and all the logistical support and supply lines to give either cooked or uncooked food to the needy is established.".The Allahabad High Court had on Monday taken a dim view of the handling of the COVID-19 pandemic situation in UP and proceeded to issue a slew of directions virtually amounting to a lockdown in five cities of the State till April 26.."Those in the helm of affairs of governance are to be blamed for the present chaotic health problems and more so when there is a democracy which means a government of the people, by the people and for the people," the order passed by a Bench of Justices Ajit Kumar and Siddhartha Varma stated..The UP government, however, made it clear that it would not implement a lockdown in the State..[COVID-19] Despite Allahabad High Court order, Uttar Pradesh government says it cannot impose lockdown.[Read an account of today's hearing]