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Movement of persons offering essential services allowed at Delhi-Haryana border on e-pass: Haryana Govt undertakes before Delhi HC

Aditi Singh

Haryana Government has undertaken before the Delhi High Court that movement of persons offering essential services shall be allowed at Delhi-Haryana border, on the production of e-passes. (OP Gupta vs UOI)

The Delhi - Haryana border shall be kept open and e-passes shall be issued to all persons offering essential services within thirty minutes of receipt of the applications, Haryana Government has assured.

The undertaking was given by Haryana Government before a Division Bench of Justices Manmohan and Sanjeev Narula in a petition concerning cross border transit restrictions between Delhi and Sonipat.

The Petitioner, OP Gupta, was aggrieved by an order passed by the District Magistrate, Sonipat on April 25, imposing blanket cross border transit restrictions between Delhi and Sonipat.

The Petitioner had contended that even the movement of people involved in essential services like doctors, nurses, paramedics, sanitation workers, staff of Delhi Police, Delhi Transport Corporation, Delhi Jal Board, Municipal Corporations etc. between Delhi and Haryana, as well as movement of trucks to and fro between Delhi and Haryana, was restricted.

Notice was issued in the petition last week, after the Court observed that prima facie, the order constituted an infringement of Articles 19(1)(d) and 301 of the Constitution of India.

After the matter was taken up by the Court, the issue was brought to notice of Chief Secretary, Haryana by the Central Government.

Pursuant to a series of communication and clarifications between Central Government and Haryana Government on smooth and unhindered inter-State movement of personnel engaged in critical health and essential services, Additional Advocate General of Haryana, undertook the following before the Court:

- Free movement of trucks carrying essential, as well as non-essential goods, between Delhi and Haryana (except to and fro between Containment Zones), as well as transiting through Haryana, shall be allowed.

- Delhi - Haryana border is open and the roads near the border have not been dug up.

- The border shall be kept open and be manned by security personnel.

- Movement of people who man essential services as notified by the Central Government, but not limited to doctors, nurses, paramedics, sanitation workers, staff of Delhi Police, Delhi Transport Corporation, Delhi Jal Board, Municipal Corporations, High Courts, trial courts etc, shall be allowed between Delhi and Haryana on production of e-passes.

- The aforesaid individuals shall not be quarantined unless and until they test positive for COVID-19 or have been found in contact with COVID-19 patient.

- E-passes shall be issued to all the aforesaid individuals within thirty minutes of receipt of the applications. Each e-pass shall be valid for the entire duration of the lockdown and could be used for multiple visits.

The Court stated that in the event of breach of any of these undertakings, the Petitioner shall be at liberty to file appropriate legal proceedings against the officials of Government of Haryana in accordance with law.

In view of the above, the Petitioner decided to not wish to press the petition any further.

Advocate Nitin Garg appeared the Petitioner.

ASG Maninder Acharya appeared for the Centre with Standing Counsel Ripu Daman Bhardwaj and Advocate Viplav Acharya.

Additional Advocate General Anil Grover appeared for Haryana with Advocate Rahul Khurana.

Read the Order:

OP Gupta vs UOI - Final order.pdf
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