A Division Bench of the Kerala High Court on Monday initiated suo motu proceedings to monitor the implementation of the lockdown in the State.
The Bench of Justice A. K. Jayasankaran Nambiar and Justice Shaji P. Chaly observed that “amid the din of the pandemic that engulfs us all, our laws cannot remain silent. They must continue to operate so as to protect the rights of our citizen.”
Fundamental right
The Bench made it clear that the fundamental right to life and personal liberty, under Article 21 of the Constitution, cannot be suspended even during an emergency. The objective of the lockdown is apparently to enforce social distancing among the people so that the chain of transmission of the virus is broken.
Towards the objective, the State executive has, apart from health workers, deployed police personnel throughout the State to monitor the movement of persons and to ensure that people do not venture out of their respective homes except for procuring essential provisions and articles required for their sustenance, the court observed.
Exemplary work
The Bench said an exemplary work is being done by the health authorities as well as the police personnel.
However, the court cannot turn a blind eye to some of the other material published in media that would point to excesses committed by the police.
Allaying fear
The court has to allay the fear among the citizenry as regards infringement of their fundamental rights.
The court observed that the implementation of the lockdown in the State, by the Centre or State authorities, must be under the watchful eyes of the judiciary and towards this end, the Bench deemed it appropriate to institute these suo motu proceedings to monitor State action during the lockdown period.
