A Division Bench of the Kerala High Court on Sunday approved of various guidelines and restrictions, including the passes for travels issued by the State and Centre governments, holding that the attempts of the governments were to contain the spread of pandemic in an unprecedented and uncontrollable level and to protect the interest of the general public and the nation as a whole.
The Bench comprising Justice Shaji P. Chali and Justice M.R. Anitha, while passing directives on the pleas of persons stranded at Walayar, observed that “it cannot be said that the restrictive orders and advisories issued are in any manner unreasonable so as to interfere with the fundamental rights enjoyed by the citizens. Looking at that angle it cannot be said that the action of the State officials not permitting the inter-State movement of the people in question is illegal.”
The court further observed that the State was at liberty to impose reasonable restrictions under clause (5) of Article 19 of the Constitution and every citizen had the freedom to travel which is a right protected under Article 21 of the Constitution irrespective of the territory of India and the State boundaries. But, “the present meticulous and stringent restrictions imposed on crossing the borders of State have occurred due to the outbreak of COVID-19,” the court said.
When the petition came up for hearing, Additional Advocate General Ranjith Thampan submitted that if the restrictions and the guidelines of the State government and any periodical advisory issued by the Central government were not adhered to strictly, the containment of the pandemic would be impossible.
The regulation of persons at check-posts through entry passes was not aimed at denying entry to any person. But it was to safeguard those who were already inside State as well as those coming to the State. The success in the COVID-19 containment and cure achieved by the State so far could not be allowed to be downgraded, he said.
The court noted that there were clear parameters provided in the guidelines that a person securing a pass from the host government could start his/her travel only after receiving the travel permit from the Kerala government and the local authority of the person’s location to avoid any problem during travel.