BackHC dismisses plea seeking closure of PSUs dealing with non-essential services during lockdown
The court says the issues such as extent to which the lockdown be relaxed, whether socialisation should be limited only to enterprises rendering ‘essential’ services or to all enterprises are within the realm of executive discretion
PremiumNEW DELHI : The Delhi High Court has dismissed a plea seeking closing down the offices of public sector undertakings (PSU) which are dealing with non-essential services during the entire lockdown period. The order was passed on 1 May.
The order comes on a plea seeking directions for compliance to Ministry of Home affairs order dates 15 April 2020 and to take necessary steps to immediately close the offices and operations of the non-exempted Central Public Enterprises/Government Companies dealing in non-essential goods and services, and keep the same closed during the entire lockdown period.
The court said that issues such as extent to which the lockdown be relaxed, whether socialisation should be limited only to enterprises rendering “essential" goods or services, or should extend to all enterprises, and, in the former case, the categories of goods or services which may be regarded as “essential", are all within the realm of executive discretion.
“It is not for us to pronounce thereupon. We do not formulate governmental policy," the court order said.
The petitioner had submitted that the orders and circular, issued by the SAIL, NBCC and the Railway Board, directly infracted the Order dated 15th April, 2020, issued by the MHA, and breached the lockdown imposed thereby.
“The continued lockdown, though unavoidable, has, inevitably, resulted in a certain degree of upheaval, in the industrial and economic demographics of the country...We cannot ignore the fact that the PSUs, specifically named in the present petition, as well as other such industrial undertakings, are engaged in production of goods and services which impact, seriously and substantially, the lives of the citizens. It is not for this court to pronounce on the services which may be treated as “essential" and those which may be regarded as “non-essential", the court said.
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