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Supreme Court asks Centre to reply on plea seeking to lift border restrictions in NCR

Debayan Roy

The Supreme Court has asked the Government of India to respond to a petition challenging the restriction on movement for permissible activities in the NCR due to sealing of borders in the wake of COVID-19 pandemic.

The Court has asked the Government to respond within a week.

The plea, filed by Gurugram resident Rohit Bhalla and argued by Senior Advocate Mukul Talwar, has referred to the April 29 order of district administrations in Haryana, which is applicable to Gurugram and Sonepat, and May 3 public statement by the district administrations of Uttar Pardesh about Gautam Budh Nagar and Ghaziabad.

The Petition alleges that these measures are in violation of the MHA's May 1 guidelines which allow movement for permissible activities and has been adopted by these states.

The Petition has sought to declare as illegal such measures, which restricts movement in the NCR or National Capital Region.

Residents of NCR who have family members or loved ones residing on either side of the inter-state border within the NCR are facing harassment in crossing the said inter-state borders in cases of medical emergency, access to hospitals/healthcare professionals and essential needs. There is no manner of expediting a pass for medical emergencies.
Plea states

Advocate Garima Prashad appearing for the State of Uttar Pradesh submitted that a reply has been submitted to the Court on behalf of the state.

"Noida has 10 lakh people. Delhi has 2 crores. Noida has 209 positive. Delhi has over 11,000 COVID-19 positive cases. Hence we are being cautious, " states the counsel for UP.

The Bench of Justices Ashok Bhushan, SK Kaul and MR Shah was also informed that Haryana too had submitted a reply.

The Supreme Court has now directed that reports filed by both the states to be brought on record and has also asked the petitioner to serve a copy on Solicitor General Tushar Mehta for a response from the Centre and Govt of NCT.

Read Order

Supreme Court order - May 26.pdf
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