We can't go into govt's policy decisions: SC on plea to help borrowers tide over lockdown financial stress

The Supreme Court on Friday refused to pass any order in connection with the Public Interest Litigation (PIL) seeking a direction to the Union of India to take effective and remedial measures to redress and overcome the financial stress and hardship faced by the borrowers of the country during the second wave of COVID-19 and lockdown.

A Bench of Justice Ashok Bhushan and Justice MR Shah observed that the Court cannot go into the policy decisions of the government.

"Those are all the policy and financial decisions. We cannot go into their (government's) policy decisions," a bench headed by Justice Ashok Bhushan said and refused to pass any directions and or orders to the Central government.

Vishal Tiwari argued before the apex court that the Centre for Monitoring Indian Economy (CMIE) had said that around one crore people had lost their jobs and are in a difficult situation.

"A large number of populations depend upon many private jobs for their survival. A large number of people are relying on private jobs," Tiwari told the top court.

Tiwari further told the Supreme Court that the present situation is worst, as compared to the earlier one.

Justice Shah, said, "We can understand your points and your plea, but however, these are all purely the government's policy decisions. We cannot go into their policy matters."

The Top Court, however, asked the petitioner, Tiwari, to give his representation to the Central government in the matter, if he wants to do so, and disposed of his petition.

The PIL filed before the Apex Court by Tiwari, sought direction to the Government of India to permit all the lending (financial) institutions to grant interest-free moratorium period for term loan and defer the payment of loan installments for a period of six months or till the situation from COVID-19 normalizes.

Tiwari, in his PIL filed before the Apex Court, sought a direction to the Centre to direct that any bank or financial institution shall not take action for auction in respect of any property of any citizen, person, party, or any corporate body for a period of six months.

Tiwari also sought that the top court should direct the Central government that no account shall be declared as Non-performing Asset (NPA) for a period of six months, keeping in view the surge in the second wave in the COVID-19 pandemic.

"Their financial burden should be decreased and citizens shall not lose their dignity. Financial policies are made by the government but in the present time above financial policies, the question is of survival. And the population of our nation shall survive with dignity and without any stress," the petition filed by Tiwari said.

"Since the time of emergence of COVID-19 in India, the country has witnessed numerous havocs in the form of a medical emergency, economic distress due to the subsequent lockdown to reduce the transmission rate of COVID-19 in India," Tiwari said in his petition.

"In the present time, we are witnessing the second wave of COVID19, which has resulted in heavy human casualties. The second wave has pushed again the entire country towards lockdown. As corona has brought disaster, so the lockdown is also proving a disaster for the economy," the plea stated.

"There is a big part of our population in our country which daily earns and eat. Their survival depends upon the daily earning, like daily wages workers, labours, tea vendors, cart pullers, and even professional like lawyers depend upon the daily earning. Lockdown has paused everything," the petition stated.

( With inputs from ANI )