[COVID-19] Kerala High Court extends life of interim orders passed by all courts/ tribunals in the State till August 9, 2021

The Kerala High Court on Friday extended the life of all interim orders passed by all courts and tribunals falling under the supervisory jurisdiction of the High Court till August 9, 2021..A full bench of Chief Justice S Manikumar and Justice CT Ravikumar and Shaji P Chaly extended an earlier order that had directed the extension of interim orders until July 26 due to the prevailing COVID-19 pandemic and lockdown restrictions..[COVID-19] Kerala High Court extends life of interim orders passed by all courts/ tribunals in the State till July 13.Since the previous extension would expire on the coming Monday, the Court felt it was essential to extend the orders further, in view of the continuing lockdown restrictions in the State. .On Friday, Advocate General K Gopalakrishna Kurup brought to the notice of the Court that orders had been issued by the State on July 17 exempting certain COVID-19 restrictions in the State in view of Bakrid (Eid-ul-Azha), which fell on July 21..Around the same time, the Supreme Court had registered a suo motu Writ petition regarding the proposed conduct of the Kanwar Yatra in Uttar Pradesh. .[BREAKING] "Religious sentiments subservient to fundamental right to health; Health of citizens paramount:" Supreme Court on Kanwar Yatra .On July 18, the Court issued certain directions in the matter holding that the health of the citizenry is paramount and also took up an interlocutory application filed by one PKD Nambiar, who had challenged the COVID-19 relaxations in Kerala for Bakrid in view of the alarming numbers in reported COVID cases in the State. .[BREAKING] Plea filed in Supreme Court against relaxation of lockdown restrictions by Kerala for Bakrid.The Supreme Court eventually directed the State of Kerala to follow the guidelines the Court had issued in relation to Kanwar Yatra, while rebuking the State for even considering relaxing the COVID-19 restrictions. ."We direct the State of Kerala to give heed to Article 21 read with Article 144 of the Constitution of India, and follow the law laid down in our orders in the Uttar Pradesh case i.e., 14.7.2021, 16.7.2021 and 19.7.2021. Also, pressure groups of all kinds, religious or otherwise, cannot in any manner, interfere with this most precious Fundamental Right of all the citizens of India. We may also indicate that if as a result of the Notification dated 17.07.2021, any untoward spread in the Covid-19 disease takes place, any member of the public may bring this to the notice of this Court, after which this Court will take necessary action against those who are responsible", the Supreme Court's order read..In view of these developments, Kerala's Advocate General told the High Court that a review of the COVID-19 pandemic situation in Kerala will be conducted. Depending upon the decision taken after the review, the COVID-19 restrictions will either be relaxed or made stringent in certain cases, the High Court was told..Pursuant to the Supreme Court's order, the State will be issuing orders in this regard only after a comprehensive decision is taken, he added..The State of Kerala has been witnessing a surge in COVID-19 positive cases. While lockdown restrictions have been eased in certain areas, the average test positivity rate across the State has steadily been climbing above 10 percent as of this week. .The High Court has been periodically reviewing the situation and extending the life of interim orders as it deems fit..This case has been posted for hearing next on August 6, 2021.[Read Order]

[COVID-19] Kerala High Court extends life of interim orders passed by all courts/ tribunals in the State till August 9, 2021

Giti Pratap

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