The High Court of Kerala in a special sitting on Sunday, directed the State Government to allow entry of people stranded at Walayar Check post by issuing entry passes while also stating that immediate attention and preference should be given to the pregnant women, aged senior citizens and children.
The bench comprising of Justice Shaji P Chaly and Justice MR Anitha was hearing a petition filed by Harish Vasudevan seeking directions to the government to facilitate the journey of the persons who were stranded at Walayar Check-post since May 9 and to permit interstate entry to people outside the State due to the lockdown restrictions imposed by the Government of India as well as the State of Kerala.
The petitioner submitted that despite these people having secured traveling passes from the State of Karnataka and the State of Tamil Nadu, they could not secure passes from the State Government online since the platform offered by the State Government was not properly functional. The petitioner further pointed out that the group of people stranded include pregnant women, children, students, senior citizens and people with medical illnesses.
The bench however observed that though every citizen has the fundamental right to travel throughout the territory of India and settle in any part of the territory of India by virtue of Article 19(1) (d) and (e) of the Constitution of India, however the State is at liberty to impose reasonable restrictions under clause (5) of Article 19.
The bench further observed “In our considered view the restrictions are imposed by the Central and the State Governments by virtue of the powers vested on them under the provisions of the Epidemics Act 1897, the Disaster Management Act 2005 and the Kerala Epidemics Diseases Ordinance 2020. Therefore, what we intend to convey is that the attempts of the Governments are to contain the pandemic from being spread in an unprecedented and uncontrollable level to protect the interest of the general public and the nation as such. Hence it cannot be said that the restrictive orders and advisories issued are in any manner unreasonable so as to interfere with the fundamental rights enjoyed by the citizens.”
The bench also noted that the Additional Advocate General has submitted that if the restrictions issued by the State government and the advisory issued by the Central Government are not adhered to strictly, the containment of the pandemic would be impossible. The bench was of the view that the directions were issued in the best interest of the larger general public and the nation.
The bench however keeping in view the special circumstances directed the State government to take urgent immediate steps to allow the entry of the persons stranded at the State border by issuing necessary passes. While doing so, the bench directed that immediate attention and preference shall be given to the pregnant women, aged senior citizens and children.
The bench said, “these directions are issued taking into account the special circumstances and cannot be treated as precedent for any future purposes. We further make it clear that the directions made are not intended to water down the advisories, orders and guidelines issued by the appropriate Governments, since we are conscious of the fact that the Governments and their officials are better equipped to deal with the situations taking into account the factual circumstances occurring from time to time during the lockdown period.”
The matter would now be heard on May 12.
-India Legal Bureau