Karnataka HC asks Airports Authority, State to clarify whether air passengers are required to use Aarogya Setu App

The Karnataka High Court today directed the Airports Authority of India (AAI) and the state government to clarify whether passengers who wish to travel by air are required to download the Aarogya Setu tracking app. .The Court was dealing with a plea seeking to make the use of the Aarogya Setu COVID-19 tracking app voluntary, and not mandatory..While passing this direction, the Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice Ashok S Kinagi opined,."If the respondents make a statement that no person who has not downloaded Aarogya Setu App will not be denied access to any of the services or facilities, then the prayers made in the plea can be worked out. The authorities must take a clear stand..."Karnataka High Court.In its order, the Bench further highlighted,."The issue is whether the State or agencies or instrumentalities of the State can make downloading of Aarogya Setu App as mandatory for accessing any facility or services provided by the State...".During the hearing, the Bench was informed by Senior Advocate Colin Gonsalves that on July 30, AAI had issued a statement mandating that all air passengers download the Aarogya Setu app. .On this issue, Additional Solicitor General Nargund MB clarified that if the said document is perused carefully, it is only a compendium of regulations of various states. .Use or downloading of Aarogya Setu COVID-19 tracking App not mandatory for Flight/ Train Travel: Centre tells Karnataka High Court.This apart, Gonsalves argued that as per clause b (7) mentioned in the Standard Operating Procedure (SOP) dated June 4 issued by the Ministry of Health and Family Welfare, the installation and use of Aarogya Setu App for employees in government offices is made mandatory. .In response, Nargund submitted that a memo had been issued by Government of India on August 2 clearly stating that the downloading and use of the tracking app is only voluntary. .Noting this, the Court observed, ."Hence, the Government of India has clearly stated that clause b (7) of the SOP dated June 4, 2020 does not make downloading and use of Aarogya Setu App as mandatory. Therefore, as far as SOP dated June 4 is concerned, no direction is required to be issued."Karnataka High Court.The matter has been adjourned to August 13. .No instrumentality of State can say that use of Aarogya Setu app is compulsory: Karnataka HC seeks response of Centre, Bangalore Metro Rail.Earlier, the Court had orally reiterated that no instrumentality of the Central or state governments can make the downloading and use of the Aarogya Setu app compulsory.