[Increasing Number Of COVID Cases In UP] 'Any Step Lesser Than A LockDown Would Be Of No Help': Observes Allahabad HC [Read Order] https://www.livelaw.in/news-updates/increasing-number-of-covid-cases-in-up-any-step-lesser-than-a-lockdown-would-be-of-no-help-observes-allahabad-hc-read-order-161964

For the last several dates, we are being repeatedly assured of concrete steps being taken by the administration of various districts of the State to contain the spread of COVID-19 1/1

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but the manner and the rise this pandemic has shown in several parts of the State, it is evident that any step lesser than a lock down, would be of no help: Allahabad HC

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@myogiadityanath

We have also noticed that police and the district Admin have despite the directives completely failed in restricting the movement of people who are moving without business and are assembling at various commercial places including the tea stalls and beetal shops: HC

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Police of course have limited powers to prosecute U/S 188 IPC and then challan the people for not wearing the mask but if people themselves are not taking the impact of pandemic quite seriously then in the interest of public some harsh steps have to be taken: HC

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Law is meant for the people and if spread of virus #COVID19 can be contained by locking the people inside their homes, let it be, as it will not only save the lives of people in general but even will result in better use of government resources: Allahabad HC
@myogiadityanath

When we have to balance between bread and butter and life, the latter has to prevail. Food is for life to survive and not vice-versa: Allahabad HC

We do not think that a lock down for a fortnight would bring the economy of the State to such a halt that people would die of hunger: Allahabad HC

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@myogiadityanath

Adl. AG on the last date i.e. on 18.8.2020 had ruled out any scope of a lock down at the end of the Government, though of course he had assured that the State would take every measures and would not leave any stone unturned to check the spread of the pandemic.

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Besides the measures adopted through public announcement system etc. to demonstrate that the district administration and the police have done a robust exercise in the last seven days

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to convince people to confine themselves to their homes and to move out only in exceptional circumstances of urgency and that too by wearing masks and following social/physical distancing norms

but unfortunately the statistics of admitted rise in number of COVID positive cases is very disheartening: Allahabad HC

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We do not doubt government's will but we are equally conscious that measures taken are not enough and are needed to be made more severe and stringent but of course, workable too at the same time.

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Putting people to challan/fine and then letting them go and the insufficient police force to do round the clock patrolling in lanes and by lanes in the district not only consumes public measure and machinery but minimal results are being achieved: Allahabad HC

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Thus, in our opinion the best choice today is to close down things for a while though selectively, to force people to confine themselves to their homes: Allahabad HC

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The Bench has directed the Chief Secretary of State of U.P. to give the following information to the Court:-

(i) Was there any plan of action to contain the infection when the economy was re-opened?

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(ii) If there was any plan of action then was it ever
implemented?

Orders which have been issued from time to time by various districts in fits and starts show that there is no central planning which might have been implemented. Individual orders are being issued by administrative officers in separate districts as per their discretion

The Chief Secretary, therefore, to inform if there was any planning done for the whole State of U. P and whether the enforcement by the authorities responsible for the whole State had taken any action.

(iv) The Chief Secretary to also inform if any action had been taken by the Central authority to punish authorities in the districts who had not followed the planning, if there was any, by the Central Agency.

(v) The Chief Secretary to, therefore, come up with a Road Map, in view of what has been observed by us in this order, to contain the contagion from now onwards by the next date.(Aug 28): Allahabad HC

@myogiadityanath
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