Kerala HC bans public protests violating Centre's COVID-19 curbs

The Kerala High Court

Kochi: The High Court has issued an interim order banning protests and strikes in Kerala in view of the COVID-19 pandemic, saying the state government's ordinance allowing up to 10 people to join in a protest went against central guidelines.

The state government should ensure the guidelines issued by the central government in this regard is strictly followed, the court said. It also directed that cases should be registered under the Disaster Management Act and other applicable laws against those who do not comply with the guidelines.

The state DGP and the Chief Secretary would be held personally accountable if a strike takes place in violation of the central guidelines, the court said.

On July 5, Kerala had issued an ordinance on the amendments made to the Epidemic Diseases Act to fight the coronavirus. The ordinance allowed up to 10 people to take part in strikes and protests.

But the High Court said that the state government's guidelines are against those issued by the Centre.

The central guidelines issued on June 29 disallowed strikes when COVID-19 is raging. The Kerala government’s norms that up to 10 people could get together to organise a strike or a protest was against these central directive. The state has the obligation of following the central government's guidelines, the court pointed out.

The police told the court that it was in favour of a moratorium on strikes in the state till the crisis caused by COVID-19 ends.

The Additional Advocate General, appearing for the government, however, said this was against the government's position and that it did not agree with the police stand.

During the lockdown, the police had registered 3,214 cases under the Epidemic Diseases Act for organising protests by violating norms, the police told the court.

No police personnel involved in controlling strikes had contracted COVID. But, 18 police officials who were on general duty, had tested positive for the disease, the department said.

The High Court issued the interim order after considering three petitions seeking directions that strikes should not be allowed till the COVID crisis subsides.

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