KERALA HC DIRECTS STATE GOVERNMENT TO ALLOW ENTRY OF PEOPLE STRANDED AT WALAYAR CHECK POST AMID LOCKDOWN

The Kerala HC in a special sitting on 10th May 2020 (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 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 travelling 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 Court observed that each and every citizen has the Fundamental Right to travel throughout the territory of India under Article 19(1)(d) and (e) of Constitution of India.

The bench also noted that the Additional Advocate General has submitted that if the restrictions issued by the State Government and advisory issued by the Central Government are not adhered to strictly, the containment of the pandemic would be impossible.

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.

The bench also said that,” these directions are issued taking in to account the special circumstances and cannot be treated as precedent for any future purposes”.

Now, the matter will be heard On May 12.

By Shubhi Singhal of Law College Dehradun