Kerala HC Allows Physical Swearing-In Function Of LDF Government, Imposes Further Restrictions

Background

• The Chief Justice S. Manikumar led bench of Kerala High Court was hearing two PILs against the decision to hold the oath ceremony of the newly elected MLAs.
• In view of the surging covid 19 cases, the government has imposed a nation-wide lockdown and hence the government’s decision to hold a physical function for the oath taking ceremony prompted controversy.
• TheCourt on Wednesday, 19th May, 2021, declined to set apart the Kerala Government’s decision to hold the oath-taking ceremony of the recently elected LDF Government Officials in a physical function at Chandrasekharan Nair Stadium in Thiruvanathapuram on May 20, in the presence of 500 people.

Petition One

• The first petition was filed by Chikitsasaneethi NGO through Advocates Arul Murlidharan and Vineetha Vijayan challenging the Government’s decision to hold the swearing ceremony in the presence of more than 500 people. The petitioners stated that the respondents have a duty to implement their own orders.
• The petition claimed that this decision was in violation of the lockdown orders and the Disaster Management and Epidemic Diseases Act. The following are the reliefs sought by the petitioners.

1. A direction that the oath ceremony be held in firm accordance to the lockdown orders.
2. An order declaring that the oath ceremony in presence of 100s of people is in violation to the lockdown order.
3. An order directing the Director General of Police to take action against those partaking in the assembly.

Petition Two

• Another petition was filed by a human rights activist Noushad Thekkayil filed through Advocates Akhil George, Thanseela MB, Gajendra Singh Rajput.
• The petitioners sought a quash on the State Disaster Management Authority’s Order easing lockdown restrictions for the swearing-in ceremony.
• They also petitioner for a declaration that the order is arbitrary.

Court’s Directions

• In its judgment, the Hon’ble HC of Kerala observed that “the Government of Kerala, a forerunner in Covid 19 management should restrict the number to the maximum to avoid the widespread Covid 19.”
• The Court urged the Kerala Government to consider reducing the participants for the function. The Hon’ble Court went onto suggest that the Government should consider decreasing the strength of the invitees and to exclude the relatives and the spouses of the newly elected members of the Legislative assembly.
• The Court asked the Government to ensure that the Covid 19 protocols be followed.
• Only Government Officials required for the participation in the oath ceremony shall be permitted and the decision regarding whether all the MLA are required to be present shall be taken by the political parties

What do you think of these Directions?