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Supreme Court stays Orissa HC order on migrant entry
On April 29, the central government issued a circular permitting stranded migrant workers, students and pilgrims to travel to their homes states. The government shared a list of necessary precautions to be taken during the exercise.
The Supreme Court on Friday stayed an interim order of the Orissa high court which ordered that all migrant workers returning to the state test negative for the coronavirus disease (Covid-19) before being allowed to board special trains, and added that the exercise be governed by guidelines put in place by the central government.
The guidelines put in place by the Centre for the movement of migrants provide ample protection, the Supreme Court bench headed by justice Ashok Bhushan observed, after the Union government approached the apex court saying that the HC order effectively put in place precautions over and above the protocols set by the Union government.
“We stay the interim order dated 07.05.2020. We further clarify that the stranded migrants shall be dealt with as per the order/guidelines of the Government of India dated 29.04.2020,” the Supreme Court ordered.
Solicitor general Tushar Mehta told the bench, also comprising justices SK Kaul and BR Gavai, that all stranded migrants boarding the special trains were being screened and only those found asymptomatic were allowed to proceed. Assisted by advocate Kanu Agrawal, he further said that the migrants were being allowed only on the condition that they will be quarantined for the requisite time period in their home states.
On April 29, the central government issued a circular permitting stranded migrant workers, students and pilgrims to travel to their homes states. The government shared a list of necessary precautions to be taken during the exercise. On May 1, the government issued an order permitting the travel of such migrants by special trains.
The Centre contended that the order passed by the high court effectively mandated additional safeguards over those prescribed by the Union government and that the move can’t be allowed without hearing the central government. The bench accepted this argument.
“We are of the view that the order of the Government of India dated 29.04.2020 provides ample protection. It appears that before the High Court the order of the Government of India dated 29.04.2020 and the guidelines were neither brought into the notice nor were under challenge (before the high court),” the top court said.
