ORDER :

1. We have heard Sri S.V. Raju, learned Additional Solicitor General of India assisted by Sri Abhishek Sharma, learned Standing Counsel, Sri Manish Goyal, learned Additional Advocate General assisted by Sri A.K. Goyal, learned Additional Chief Standing Counsel, both representing the State of U.P., Sri S.P. Singh, learned Additional Solicitor General of India assisted by Sri Purnendu Kumar, learned Advocate, Sri Tarun Agrawal, learned counsel appearing for the State Election Commission, Sri Amrendra Nath Singh, learned Senior Counsel and President of Allahabad High Court Bar Association, Sri Anuj Singh, Sri Rajat Rajan Singh and Sri A.P. Paul, learned Advocates. All the learned Advocates appeared through video conferencing.

2. Sri Abhishek Prakash, District Magistrate, Lucknow and Sri K. Balaji, District Magistrate, Meerut, also appeared in person through video conferencing in compliance of our last order.

3. The compliance affidavit filed on behalf of the State of U.P. as well as State Election Commission are taken on record. The intervention application filed by Sri A.P. Paul and Sri Rajat Rajan Singh, learned Advocates respectively are also taken on record. Office is directed to allot regular number to both the intervention applications.

4. Upon going through the affidavit filed today by Sri Manish Goyal, learned Additional Advocate General, we do find that things which were actually out of control have been demonstrated to have now been somehow managed. We have also been informed that number of active cases in State of U.P. were day by day declining and procurement/production and supply management of oxygen had also of late been managed and was being streamlined.

5. We have no reason to doubt that the gradual decline in active Covid cases had been due to restrictions imposed by the State Government on public movement and public activities in the State of U.P. and constructive efforts that are put in by the District Administration in various districts and the Police Administration of all these districts in ensuring that the restrictions as imposed by the State Government are honoured by the people. The regular electricity supply by the Electricity Department in the entire State of U.P. was also a task undertaken by and large to the satisfaction of the people. Although all efforts taken till now are quite appreciable but we hasten to add that this is no time to relax as a lot of action is still needed to be taken more especially in the field of public health care, facility and overall public health infrastructure in view of the impending threat of a third waive of Covid-19 pandemic.

6. Learned Additional Advocate General has also informed us that conditions of referral letter of the Chief Medical Officer/District Magistrate for Covid patients in the hospital has been done away with.

7. The District Magistrate, Lucknow who has appeared in person online informed the Court that he had already submitted report in respect of two private hospitals, namely, Sun Hospital and Samarth Hospital. He, however, further explained that he had already conducted preliminary investigation through SDM (Sadar) Sri Prafulla Kumar and it had surfaced out during investigation that Sun Hospital was already having sufficient oxygen cylinders as six jumbo oxygen cylinders were reported to be available on the day when notice was published by the hospital and thus according to him, it was quite apparent that the hospital had with a mala fide intention to create panic amongst the people, posted the notice notoriously showing scarcity of the oxygen in the hospital. He has further submitted that as far as the other hospital is concerned that was a non-Covid hospital and had wholly illegally admitted the Covid patients and in respect of which the proceedings had already been drawn against that hospital by issuing show cause notice. He further added that Sun Hospital had also been issued with show cause notice and proper actions would be taken after consider