After Congress, CPI(M) MPs move Kerala High Court seeking Entry Permits to visit Lakshadweep

Three law makers from the Communist Party of India (Marxist) have approached the Kerala High Court seeking directions to the Lakshadweep Administration to issue them Entry Permits to visit the Union Territory (Elamaram Kareem Vs. Administrator, Union Territory)..The petition was filed by MPs Elamaram Kareem, AM Ariff, and V Sivadasan alleging that the denial of entry permits violates principles of natural justice and their rights under Articles 14, 19(1)(d) and 21 of the Constitution of India..When the case came up for hearing on Tuesday, single-judge, Justice PB Suresh Kumar remarked on lighter vein that politicians from Kerala seemed to be more interested in the matters of Lakshadweep than their own constituencies. The Court eventually decided that the petition would be heard along with a similar case filed earlier by Congress MPs from the State..Advocate PK Varghese, representing the petitioners, submitted that as Members of the Indian Parliament, it is their duty to understand the issues playing out in the Lakshadweep Islands. Moreover, residents of the islands and political party leaders had requested the petitioners to visit the islands so that they could voice their concerns at the appropriate forums..Towards this end, the petitioners had approached the relevant authorities of Lakshadweep and applied for entry permits on May 30, 2021. However, they received a response asking them to plan their proposed visit on a later date since there is a mandatory quarantine requirement currently in place for anyone visiting the islands. Thereafter, the petitioners submitted further requests stating that they are willing to undergo all mandatory quarantine restrictions, through post and email, which were all met with the same response. Copies of these correspondences were submitted along with the petition..This denial of entry, according to the petitioners, is in violation of not just their Constitutional rights but also against the Laccadive Minicoy & Amindivi Islands (Laws) Regulation, 1965 and Laccadive Minicoy & Amindivi Islands (Restrictions on Entry and Residence) Rules, 1967..As per Section 9 of the Laccadive Minicoy & Amindivi Islands (Laws) Regulation, the Administrator can make any rule with the sanction of the Central government for imposing reasonable restriction to either visit or reside in the Islands. They argued that the this power vested with the Administrator cannot be stretched to the extent of completely refusing permission to enter. Therefore, they submitted that the present stance of the administration regarding their requests is unreasonable and unjust..As per Rule 7(1) of Laccadive Minicoy & Amindivi Islands (Restrictions on Entry and Residence) Rules, on receipt of an application under Rule 5 or Rule 6, the competent authority may call for such additional information or make such inquiry as it deems necessary for disposing of such application and may either issue the permit or renew or endorse the permit as required by the application or after giving the applicant a reasonable opportunity to represent his case reject by order in writing such application.The petitioners contended that no such opportunity was granted to them before their requests were rejected.The fact that the new Administrator, Praful Patel, had also visited the islands recently was also highlighted in the petition. It was alleged that Patel had not undergone any home quarantine over the course of his visit.The petitioners contended that the administration is duty bound to apply the Entry Permit rule to everyone. They asserted that the existing COVID-19 protocols are framed for the protection of the entire populace of the Islands and should not be violated by officials, even those higher up in the social hierarchy..Reiterating their grievance with the "arbitrary, illegal" denial of entry permits, they filed the petition before the High Court, requesting the Court to issue directions to the Administration to issue Entry Permits to the petitioners at an early date..Congress MPs move Kerala High Court after denial of Entry Permit to Lakshadweep.Earlier this month, two Congress MPs from Kerala elected to the Lok Sabha had approached the High Court with a similar petition. In their petition, MPs TN Prathapan and Hibi Eden had alleged that the Lakshadweep Administration was deliberately not issuing entry permits to them despite having agreed to adhere to all COVID SOP guidelines. .Both matters will be heard next on July 7, 2021 by when the Lakshadweep Administration is expected to pass final orders on their requests. .The islands have been in the news recently after the Central government through its current administrator introduced a slew of administrative changes and draft laws which met with stiff opposition from the population of the Union Territory. The Kerala government has also thrown its weight behind the people of the islands criticising the measures introduced by the Centre.