Kerala High Court Refuses Interim Relief To Petitioner Challenging Restrictions On Unvaccinated Persons

The Kerala High Court on Tuesday refused to provide interim relief to the petitioner who alleged that the recent Government Order virtually puts unvaccinated persons under house arrest. 

Justice P.B. Suresh Kumar while hearing the matter remarked as such - "I have my doubts in the bonafides behind filing this petition as well. I had heard about certain news about this petition even before it was filed before the Court."

A petition was filed before the Court challenging the recent Government Order issued by the State which imposed restrictions on unvaccinated persons. 

The State government had on 4th August issued an order under the Disaster Management Act, 2005, relaxing the Covid1-9 restrictions imposed in the State. Clause IV of the said order reads as such:

"Only a person who has taken at least one dose of Covid-19 vaccine before two weeks, or who are in possession of RT-PCR negative certificate taken 72 hours before or who is in possession of Covid-19 positive result more than a month old will be allowed inside (workers/visitors) in shops, markets, banks, public and private offices, financial institutions, factories, industrial establishment, open tourist spaces, and other establishments."

The petitioner contended that the clause discriminates between a vaccinated and unvaccinated person and thereby violating the fundamental right to life and livelihood of the petitioner guaranteed under Article 14 of the Constitution.

Senior Government Pleader V Manu representing the State in the matter submitted made reference to Clause V of the said Order, which reads as follows:

"All persons (whether belonging to the categories mentioned in point (iv) or not) can move out of home for essential activities like vaccination, COVID19 testing, medical emergency, purchase of medicine, death of relatives, marriage of close relatives, local travel to catch long route bus/train/flight/ship, examinations etc." 

He submitted that this Clause would imply that all persons are free to go out for their essential services whether vaccinated or not. It was added that this was not an exhaustive list, and that the State had provided sufficient leeway in the Order.

However, when the Court proposed to record such submission, the Government Pleader sought two days' time to take instructions as to how exactly this clause is to be applied and to file a statement to that effect expeditiously. He submitted that this was merely an implication observed by him and that an official clarification is required before conforming the same since it was a State policy. 

The Single Bench proposed to provide interim relief to the petitioner to the effect that he may go out for essential services. The State objected to this proposal citing that this could have multifarious ramifications and that the media was already blowing the matter out of proportion. 

Without commenting on the merits of the case, the respondent also suggested that for the time being, arrangements may be made for the petitioner to meet his daily needs. The State guaranteed that it shall make sure that nothing untoward happens to the petitioner.

The Government Pleader also suggested instructing the concerned Station House Officer to meet the urgent requirements of the petitioner. However, the Court refused to record the same saying such instructions cannot be given by the Court. 

Considering that there are suspicions behind the bonafides of filing the petition, the Court posted the matter tomorrow for further consideration. 

Case Title: Pauly Vadakan v. State of Kerala & Ors