The Delhi High Court on Monday refused to entertain a petition seeking imposition of lockdown in the national capital despite growing number of Covid-19 cases, and even questioned whether “locking down” “is the only solution”.
“Is the lockdown an only solution? Will the policy matter of the government be decided by the courts?” a Division Bench of the High Court presided by Chief Justice D.N. Patel and Justice Prateek Jalan said.
While the matter was underway, the court was apprised by the Counsel for Delhi Government that according to Centre Notification dated September 30, no state had the power to impose lockdown without the Centre’s permission.
The bench noted that the petitioner didn’t make Union of India a party. “You haven’t done your homework properly,” told the bench.
Later the petitioner sought permission to withdraw the petition and it was granted.
The plea filed by Kaushal Kant Mishra, a senior Orthopedic surgeon, stated that air pollution in NCT of Delhi has severely worsened in the past few days due to lowering temperatures and rising air pollution.
Global research showed an emerging scientific consensus on the causal link between air pollution (including PM 2.5 and PM 10 concentration levels) and the morbidity. as well as mortality associated with Covid-19, the plea said.
The petition sought direction to Delhi Government and other respondents to conduct a comprehensive evaluation and review of the lockdown situation every 10 days and take a considered decision on restrictions and/or relaxations.
The lethal combination of air pollution and Covid-19 directly infringes the right to life and health of the residents of the NCT of Delhi under Article 21 of the Constitution of India.
The State has a positive obligation to take steps to protect and advance the right to life and health under Article 21 of the Constitution of India, which obligation the Respondents herein have miserably failed to discharge, plea stated.
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