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SC Asks UP Govt For Affidavit On Inter State Movement, Says Noida Can’t Have Separate Rules

The Supreme Court on Wednesday has directed the UP Government to file a detailed affidavit and Solicitor General Tushar Mehta to intervene in the petition regarding unhindered movement of people across the States of Haryana, Uttar Pradesh, and Delhi. 

A three-judge Bench of Justices Ashok Bhushan, Justice SK Kaul and Justice MR Shah heard the plea challenging constitutionality of decision of Uttar Pradesh, Haryana and Delhi Administrations to restrict the movement of individuals for permissible activities and the necessity of applying for passes for each of these states.

The Counsel on behalf of the state of UP informed the Court that an affidavit as earlier directed by the bench has come on record regarding the movement of people between Delhi and Noida.

Justice Kaul asking about the current status of movement between Delhi and Noida questioned if the unrestricted movement has begun. 

Garima Prasad, on behalf of the State of UP informed the Court that though unrestricted movement hasn’t begun, and the State is still under regulation, they have kept it open for essential services. The national highways have been kept open now.

Justice Kaul also told the counsel for UP Mr. Prasad that there is a problem as asymptomatic people are also being put in quarantine.

The Bench, also taking a grim view of the incident about a pregnant woman dying reportedly for want of a hospital bed issued the following directions: 

• Asked SG Tushar Mehta to intervene,

• Asked Noida Administration to ensure that Noida doesn’t have separate quarantine guidelines, and

• Directed UP Government to file a detailed affidavit in two weeks.

The matter has been adjourned till after the Court opens post vacation 

In its previous hearings, recommendations were made before the Supreme Court regarding issuance of single pass that would be recognised throughout NCR. Solicitor General Mehta was asked to take instructions regarding the same and a meeting was to be convened to decide a common portal for interstate movement in NCR region.

The PIL was instituted earlier last month challenging the unconstitutionality of the decisions of Haryana, Uttar Pradesh, and Delhi Administrations to restrict the movement of individuals for permissible activities and the necessity of applying for passes for each of these states on various state government portals.

The Supreme Court has identified the hardships beings caused to the common man across NCR, specially in the cities adjoining to the NCT of Delhi, as a result of the contradictory policies of these various states and the constant changes being made to them, which is why the Court had asked these states try and find a common programme and portal for interstate movement within the NCR.

-India Legal Bureau

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