"Not fair to populace of Goa:" Bombay High Court directs Goa govt to stop entry of persons without COVID negative report into the State

The Goa Bench of Bombay High Court on Thursday ordered the Goa government to ensure that no person is allowed entry into the State without a COVID negative certificate obtained within 72 hours before entering the State..The Court declared that the direction shall be effective from May 10, 2021 since the State administration would need some time to publicise the requirement of the negative report. Having said so, the State was directed to immediately notify and publicise this direction through the usual channels so that travellers and tourists are put to notice. ."By way of an interim order, we direct the State Administration to ensure that no persons are permitted entry into the State unless they possess a negativity certificate obtained within 72 hours from the time they seek entry into the State," the order said. The Court, however, clarified that its direction will not prevent the State government from formulating a protocol to deal with the issues of essential supplies and the procedure for entry of the persons involved in essential supplies. This Protocol should however provide necessary safeguards to ensure that such persons are not COVID positive at the time of entry into the State, the Court added. .The Court further opined that while free passage of essential services was important, there was no justification to not insist on a negativity certificate from a person entering the state at a time when the positivity rate in Goa was 52 percent.."Some suitable mechanisms can always be formulated by the State to ensure that some testing facilities are available at the borders or entry points so the supplies of essentialities or in the ingress of essential personnel are not affected. But to permit virtually unrestricted entry in such critical times is not justified," the order stated. .The Bench further clarified that this is not a case of sealing the borders of the State. "This is not a case of sealing the borders. This is only a case where steps are taken to ensure that the persons who are entering into Goa are not already tested as COVID positive so that they do not contribute to the spread of the epidemic and at the same time are cared for better in their own State.".The order was passed by a Bench of Justices MS Sonak and MS Jawalkar in a public interest litigation (PIL) petition filed by South Goa Advocates' Association (SGAA) seeking various prayers connected with COVID-19 management in the State..One of the issues raised in the petition pertained to the measures adopted by the State for preventing of spread of the epidemic. .The Court noted that unlike several other states including Maharashtra, there was no protocol in Goa requiring a person to produce a negativity certificate at the time of entry into the State. .The Court said that the State Government should have imposed such minimum restrictions on its own in public interest. If the pandemic is to be contained, such minimum restrictions are required to be adopted, as done by other states, the Bench noted..The Court further opined that while this unrestricted entry made Goa a favourable tourist destination, it was neither fair to the Goan citizens suffering an over burdened medical infrastructure nor to the unsuspecting tourists who are often compelled to avail the overstretched facilities at a higher price..Some difficulties are bound to arise when it comes to essential supplies, the Court said, suggesting the State administration to come out with some adequate protocol to ensure that the essential supplies are not disturbed."But citing such instances to justify wholesale waiver of restrictions in such critical times is not justifiable," the Court made it clear. .State could have and still can come out with a suitable protocol to mitigate the issue of supplies of essential goods and services, the order said. .Apart from the above issue, the PILs raised the following issues on which the Court sought appropriate compliance responses from the State government..Security and well-being of health care professionalsPosition of medical infrastructure, oxygen supply, essential medicines and testing facilities in the StatePosition of the vaccination drive in the State, more particularly for the marginalised disabled and senior citizens who are not able to access hospitals. .The State government was also directed to place their protocol regards entry of person into Goa by May 11, 2021 with a detailed affidavit for the Court to consider whether the interim direction would be required to be varied or modified accordingly.[Read Order]