- (1.) We took up this matter yesterday as an interlocutory application (being I.A.No. 82837 of 2021 in SMW (C) No. 5/2021) was filed on behalf of one Mr. P.K.D.Nambiar, pointing out certain news articles which portray an alarming situation taking place in Kerala as a result of 'Bakrid' celebrations. We heard Sh. Vikas Singh, learned senior counsel, yesterday and were prima facie of the view that the matter required urgent consideration. We, therefore, asked the State to file an affidavit in the course of the day and listed this case this morning in view of the urgency. The State of Kerala has since filed an affidavit of one Dr. V.P.Joy, who is the Chief Secretary to the State.
(2.) The affidavit states as follows :- "9. Bakrid, the holy festival of Muslims is being celebrated on 21st July, 2021. The traders were expecting that the Bakrid sales will alleviate their misery to a certain extent. They have stocked up the goods for this purpose much early. The organisation of traders started to agitate against the stringent curbs implemented in the LSGIs and declared that they will open shops all over the state flouting the regulations. The opposition political parties also raised the traders' issue in the public domain and demanded more relaxations in the curbs to give some respite to the traders and to allow some economic activities in the State. 10. The Chief Minister held discussion with the organizations and heard their demands on 16.07.2021. The traders assured that the opening of shops will be strictly following COVID protocols and they are ready to follow the additional regulations ordered by the State, if any. 11. Their demand was put forth before the Crises Management Group meeting and with the concurrence of the Chairman of the Expert Group, it was decided to give some relaxations for opening shops for three days prior to Bakrid vide G.O. (Rt) No. 532/2021/DMD dated 17.07.2021 (Copy of the same is attached herewith as Annexure 5). Only one day of relaxation is allowed in areas where the TPR is above 15%. It has been specifically ordered that as far as possible, the persons visiting shops and other establishments may belong to those with at least one dose of Covid-19 vaccine and follow strict COVID protocols. The Department of Police has been directed to enforce Covid regulations and ensure effective crowd management during these days. The Chief Minister has also appealed to the people via his press briefing that only those who have take at least one dose of Covid-19 vaccine alone may visit the shops during these days.
(3.) We have gone through the Annexures to the affidavit as well. By a Notification dated 15.06.2021, the State was divided into four zones, being Categories A to D, in which the average TPR was set out as below 8% i.e. areas with low spread, which is Category A; average TPR between 8% and 20%, i.e. areas with Moderate spread, which is Category B; average TPR between 20% and 30%, i.e. areas with high spread, which is Category C; and average TPR above 30%, i.e. areas with critical spread, which is Category D. In Annexures to the Notification dated 15th June, 2021, it was pointed out in guidelines generally applicable to the entire State, in sub-para 1 (b) to the Annexure, that "Shops selling essential items will be permitted from 7AM to 7PM every day" - seven essential items were actually set out. Apart from this, certain special guidelines were laid down as being applicable to each category separately. In paragraph 2(b), so far as it applies to the lowest category of infection, i.e. Category A, all shops and establishments were able to function from 7 AM to 7 PM everyday with 50% employees/workers. However, so far as Category B, i.e. areas with moderate spread, para 3(b) specifically stated that shops selling essential items can function from 7 AM to 7 PM every day. All other shops can function on Mondays, Wednesdays and Fridays from 7 AM to 7 PM with 50% employees/workers. So far as Category C is concerned, which is areas with high spread, shops selling essential items will function from 7AM to 7 PM everyday and shops catering to marriages, textiles etc. can function only on Fridays with upto 50% employees/workers. So far as Category D is concerned, paragraph 5 (a) states that special intensified stringent restrictions imposed across the State on Saturdays and Sundays will be imposed throughout the week.;