Karnataka HC Directs State Govt To Justify Mandatory Requirement Imposed On Travelers Entering From Other States To Register On Seva Sindhu Portal For Obtaining E-Pass [Read Petition]

A division bench of Chief Justice Abhay Oka and Justice Ashok S Kinagi said "The state government will have to justify this action of taking self declaration from travelers making it mandatory for them to register on the Seva Sindhu portal." The government is also directed to justify the clause in its protocol dated June 8, making it mandatory for daily travellers to upload letters from employers, on the portal for issuance of e-pass.

The bench gave the direction while hearing a petition filed by Advocate M Indira Priyadharshini. Arguing in person the petitioner pointed that clause 1 in the SOP issued on June 8, issued by the Department of Health and Family Welfare of the State government making it mandatory for travelers to self register on the Seva Sindhu portal. The court has directed the state to file its statement of objection by August 24 and it will hear the petition on August 25.

The petitioner argued that the clause is contrary to the Unlock 3 guidelines issued by the Ministry of Home Affairs on July 29, which allows free, inter and intra-state transport of people and goods.

Advocate Vikram Huilgol, appearing for the state government argued that the "Registration on Seva Sindhu is to ensure that the state government knows who is coming into the state. There is no other way we can enforce the quarantine requirements."

However, the bench observed that this restriction was completely illegal. "How can you make it mandatory. If it is a law you can make it mandatory. Even Aarogya Setu cannot be made mandatory. Self registration on seva Sindhu Portal is completely illegal. Under what provision of law can you say that you need to register yourself on the Seva Sindhu Portal."

The plea states that people working in the unorganised sectors and living across the border in nearby taluks cannot furnish an identity card for registering on the Seva Sindhu portal for obtaining e-pass, thereby restraining their movement on a daily basis across border for livelihood.

It is argued that mandatorily registering on the Seva Sindhu portal for e-pass is in violation of Fundamental rights entrusted under Articles 19 (1) (d) and 19 (1) (g) and Article 21 of the Constitution of India.

The petition seeks to quash Clause 1 in the SOP dated June 8 issued by the State Government. Direct the authorities to allow free movement of the people living in Hosur and Anekal Taluk, across the border inter-state border.

Click Here To Download Petition

[Read Petition]