Gauhati HC stays Arunachal notification on non-issuance of permits to unvaccinated persons
The Itanagar bench of the Gauhati high court has stayed a notification issued by the Arunachal Pradesh government allowing the issuance of temporary permits to only those persons who are vaccinated against Covid-19 to enter the state for work.
Acting on a public interest litigation (PIL) filed by Madan Mili, a resident of Dibang Valley, justice Nani Tagia, in an order issued on Monday, stated that the notification discriminated between vaccinated and unvaccinated persons.
Clause 11 of the notification issued by Arunachal Pradesh chief secretary on June 30 stated that issuance of inner line permits (ILPs) needed to enter the state will remain suspended (till August 1), but temporary permits may be issued for developmental works in private and public sectors “provided such persons are vaccinated for Covid-19.”
The court held the particular clause of the notification violated articles 14, 19 (1) (d) and 21 of the Constitution that dealt with right to equality before law, freedom to move freely throughout India and right to life and livelihood respectively.
“There is no evidence either on record or in public domain that Covid-19 vaccinated persons cannot be infected with Covid-19 virus or he/she cannot be carriers of Covid-19 virus and consequently, a spreader of Covid-19 virus,” the court order read.
“In so far as the spread of Covid-19 virus to others is concerned, a Covid-19 vaccinated or unvaccinated person or persons are the same. Both can equally be a potential spreader if they are infected with Covid-19 virus in them,” it added.