‘Is lockdown only solution?’: Delhi HC refuses to hear plea amid Covid-19 surge

“How do you think a writ court can do this?? Have you considered the studies? This situation is despite too much lockdown, “ Justice Jalan said.
By Richa Banka | Edited by Kanishka Sarkar | Hindustan Times, New Delhi
UPDATED ON NOV 23, 2020 01:15 PM IST
A health worker waits to collect samples for Covid-19 testing from a mobile van, organised by NDMC, at Rajpath in New Delhi, Sunday.(PTI Photo)

The Delhi High Court on Monday refused to entertain a petition seeking a lockdown in the national capital with immediate effect in view of the surging cases of the coronavirus disease (Covid-19).

“Is lockdown the only solution?” the court asked the petitioner. A bench of Chief Justice DN Patel and Justice Prateek Jalan sought to know from Kaushal Kant Mishra, a doctor, as to whether a lockdown is a solution while also stating that they had not done any homework before filing the plea.

The court said that a writ court does not have the jurisdiction to impose a lockdown as it a policy decision.

“How do you think a writ court can do this?? Have you considered the studies? This situation is despite too much lockdown, “ Justice Jalan said.

The court said that it was inclined to dismiss the plea with cost.

Appearing for the Delhi government, advocate Gautam Narayan, additional standing counsel of the Delhi government told the court that a circular from the Centre issued on September 30, none of the Union Territories can impose lockdown without prior permission from the Centre.

The court said that this is an “unnecessary litigation”. The plea was later dismissed as withdrawn.

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