Plea in Supreme Court Against Physical Swearing-In Event of LDF Govt.in Kerala
(Judicial Quest News Network)
A plea has been filed in Supreme Court against the scheduled May,20 physical swearing in ceremony of the new CPI(M)-Led LDF government in Kerala.
Challenging the move of the Left Democratic Front government led by Pinarayi Vijayan to hold a physical swearing-in function at the state capital with 500 persons in attendance when the city is under a triple lockdown due to COVID-19.
The petitioner is filed by KM Shajahan, The Petitioner is a political and public policy activist.
It is submitted that the decision for holding physical ceremony is a clear instance of ‘the fence grazing the crops’, which warrants a positive interference of this Hon’ble Court so as to uphold the majesty of law and seeks to issue appropriate directions to the State to abide by the Covid -19 SOP and banning all public gathering whether its political / religious,
functions, agitations and protests with a participation of not exceedingly more than 50 persons and to initiate strict penal actions against the persons/ organizations flouting the norms.
It exhibits the double standards of the Authorities the Government of Kerala which on one end is enforcing lockdowns and forcing common public to confine themselves to the four walls of their homes, giving up their livelihood and other pleasures, is on the other hand spending huge amounts from the State Exchequer, for organizing a super spreader public event to show its strength and celebrate its victory in the recently held election (which was also one of the reason for the recent spike in the Covid -19 cases in the State).
That the reckless act of conducting the public swearing-in ceremony by the Government of Kerala in violation of the very same law and protocols, which it forcibly enforces on the public, is a clear abuse of power and would only result be further spread of the dreaded disease, putting the life of the people of Kerala in jeopardy.
The petitioner further contends that the State of Kerala had issued an order dated 17.05.2021 in connection with the swearing –in-ceremony of the newly elected Govt. by relaxing the restrictions exclusively for the function in order to allow a huge gathering at the Central Stadium, Thiruvananthapuram.
The petition filed against this decision seeks to direct state of Kerala to call off the Physical swearing-in ceremony, or in the alternative to limit the attendance as 75 persons or to hold the function virtually.
The petitioner feels it appropriate to bring to the kind attention of this Hon’ble Court, the blatant abuse of power by the elected Government of Kerala, which is spent huge amounts from the public exchequer for the purpose of its self-boasting and showing its might by conducting huge and pompous swearing in ceremony in the State Capital. This avoidable splurge is done at a time when the state is
reeling under the onslaught of the Covid -19 pandemic and deficiency of funds. This event also attracts attention, because it is being conducted at a time when the State is facing acute fund shortage, especially, when the Government is itself seeking support and donations from the public for purchase of vaccines for the people of the State in the name of ‘Vaccine Challenge’.
This public show of strength in the opinion of the Petitioner is also wrong for the reason that the State also is one of the top States in the Country with maximum number of persons under active treatment for Covid -19.
The PIL is filed through the Advocate-on-Record Usha Nandini also seeks directions to all sates for framing a uniform Standard Operating Procedure strictly banning anu kind of public gathering with more than 50 people at any circumstances for a minimum period of one month.
