JOIN USPIL in SC seeks declaration of financial emergency, seeks unified command and suspension of EMIs, bills
A PIL was filed in Supreme Court on Thursday by a 'Think Tank' Centre for Accountability and Systemic Change (CASC) seeking directions to impose financial emergency under Article 360 of the Constitution.
The petition drawn by advocate Virag Gupta asked the top court to safeguard the Rule of Law, which was being threatened by "arbitrary actions of states and local authorities during COVID-19 epidemic".
The organisation sought directions for suspension of the collection of utility bills, including electricity, water, gas, telephone, internet, and EMIs payments during the 21-day lockdown period announced by Prime Minister on March 24.
It contended all the fundamental rights such as freedom of movement, have been practically suspended during this lockdown.
"The general public is not having access to the newspapers, which is happening for the first time after independence. The closure of courts affects the right to get justice. It is submitted that this requires the imposition of emergency as per the Constitution, and not an order under Disaster Management Act, 2005," it maintained.
The PIL claimed this was the biggest emergency in independent India and it must be addressed as per Constitutional provisions through unified command between central and state governments.
"This will be required not only to defeat the war against coronavirus but also in the recovery of the Indian economy after lockdown is over," it contended.
The petition further contended that after the PM announced a country-wise lockdown for 21 days for which orders were issued on March 24 by the Ministry of Home Affairs under the Disaster Management Act 2005. However, different states and police authorities were continuing to take their own action under Section 144 of the Code of Criminal Procedure, 1973, which amounted to "constitutional fraud".
It further claimed divergence of steps taken by different authorities were causing "confusion and lawlessness," which, in no way, could be a solution to a problem as grave as COVID-19.
"Due to the lockdown, the economic activities have come to a standstill, though a financial package of Rs 1.7 lakh crore has been announced by the Finance Minister," the petitioner claimed.
It also sought a direction to the state police and local authorities to strictly comply with home ministry instructions so that essential services were not disrupted.