The Delhi High Court on Thursday directed the Haryana Government that it is bound to abide by its undertaking where it stated that it will allow unhindered movement of essential service providers such as private doctors, nurses, paramedics, sanitation workers, the staff of Delhi Police, Delhi Transport Corporation, Delhi Jal Board, Municipal Corporations, High Courts, trial courts, etc. in between Delhi and Haryana with ‘e-passes’ and they shall not be quarantined unless and until they test positive for COVID-19 or have been found in contact with COVID-19 patient.
A division bench of Justice Manmohan and Justice Sanjeev Narula was informed by Haryana Government that the concerned District Magistrates of Haryana, in addition to medical professionals, nurses, paramedical and sanitation personnel shall promptly issue e-passes to all the employees engaged in providing essential services outside the State of Haryana on receipt of a request of the concerned employer for such duration as will be requested. It was stated that this will ensure smooth and unhindered inter-State movement of personnel engaged in critical health and essential services. The State of Haryana also clarified that inter-State movement of essential/non-essential goods has already been allowed as per the instructions issued by the Ministry of Home Affairs, Government of India.
The Court taken on record list of documents submitted by Mr Anil Grover, Additional Advocate General of Government of Haryana in which he refers to a sample of ‘Acknowledgement of application for e-pass’ and sample of an ‘e-pass’ issued to contend that the State of Haryana has now started issuing e-passes even to private health workers within thirty minutes of an application being filed. He states that an e-pass holder can during its validity make multiple trips to and fro between Delhi and Haryana.
Earlier, Additional Solicitor General Ms. Maninder Acharya had submitted that Union of India has issued a letter on May 11, addressed to all the Chief Secretaries of the States, and sought time to resolve the issues with the Haryana Government.
The Additional Advocate General appearing for the Haryana Government undertook that,
- Free Movement of trucks carrying both the essential as well as nonessential goods between Delhi and Haryana (except to and fro between Containment Zones) as well as transiting through Haryana shall be allowed.
- The Delhi – Haryana border is open and the roads near the border have not been dug up. The said border shall be kept open and shall be manned by security personnel.
- Movement of people who man essential services as mentioned in notifications/ orders/ letters issued by Union of India including but not limited to government as well as private doctors, nurses, paramedics, sanitation workers, staff of Delhi Police, Delhi Transport Corporation, Delhi Jal Board, Municipal Corporations, High Courts, trial courts, etc. shall be allowed between Delhi and Haryana on the production of e-passes and they shall not be quarantined unless and until they test positive for COVID-19 or have been found in contact with COVID-19 patient.
- E-passes shall be issued to all the aforesaid individuals within thirty minutes of receipt of the applications. Each e-pass shall be valid for the entire duration of the lockdown and could be used for multiple visits.
However, Mr. O.P. Gupta submitted that he didn’t wish to press more on the petition hence, the Court disposed of the same.
Whereas the Court before summing up its judgment, “…recorded its appreciation for the services rendered by the petitioner as well as all the counsel in the present case and the officials who assisted them as without their assistance it would not have been possible to dispose of the present contentious matter within a short period during the lockdown.“
The Delhi High Courts direction came on a public interest litigation that has sought direction to Union of India to take action against the State of Haryana for adopting a restrictive policy and not allowing the movement of people involved in essential services like doctors, nurses, paramedics, sanitation workers, staff of Delhi Police, Delhi Transport Corporation, Delhi Jal Board, Municipal Corporations etc. between Delhi and Haryana and to direct the State of Haryana not to restrict the movement of trucks to and fro between Delhi and Haryana.
Read the full order here;
MMH14052020CW30682020_192819-India Legal Bureau