PIL was filed by Surgeon and Peace Party member before high court Allahabad to exempt EID-UL-ADHA from lockdown restriction norms. The bench of justice Yogendra Kumar Srivastava and justice Pankaj Mittal were H.C has refused to exempt any restriction norms. Here the court said restriction imposed because of COVID 19 is neither arbitrary nor unreasonable . as this is imposed because of public welfare and health, which should be a topmost thing. The court mentions that “the fundamental right to religious freedom given in the constitution is not uninterrupted and the state has the right to impose appropriate restrictions on it.”
Here petitioner said that Bakrid is on August 1 that is on Saturday; therefore, guidelines should be relaxed. He also said that Article 25 of COI is the Fundamental Right which means promote freedom of religion. The directions given by state government violates the fundamental right of the petitioner under Articles 21 and 25.
Here the court said that fundamental rights are not uninterrupted. It is subject to public welfare, public health and other provisions provided in the third part of the Constitution. The lockdown order has been given because of public health, and there is no reason why the guideline should be relaxed. The court has dismissed the petition in need of public health emergency. So the court says it is an obligation upon the state to take measures to secure the health and lives of its citizens
