Clarify If Use Of Aarogya Setu App Is Mandatory For Accessing Public Services: Karnataka HC To Centre, State

The Karnataka High Court on Monday asked the Central and State governments to make their stand clear on whether persons who have not downloaded Aarogya Setu Application will be allowed to access services or facilities provided by the government.

A division bench of Chief Justice Abhay Oka and Justice Ashok S Kinagi said:

"The respondents must make a clear statement if any person who has not downloaded Aarogya Setu app will be denied access to any of the services or facilities".

Additional Solicitor General M B Nargund, appearing for the centre, filed a memo in the court stating that the use of the contact-tracing app developed by the NIC is now voluntary in nature.

Senior advocate Colin Gonsalves appearing for the petitioner Anivar A Aravind informed the court about guidelines issued by the Airports Authority of India, on July 30. He said "Though a statement is made before the lordship and recorded that while travelling by Air, it is voluntary to download the Aarogya Setu application, three days ago a notification is Issued by AAI, stating that all passengers must download the Aarogya Setu app."

Counsel for the AAI sought time to take instructions and make submissions before the court. However, ASG Nargund stated that the said document perused carefully shows that it is only a compendium of regulations of various states and not the notification issued by the AAI.

To which the bench said "It is for the State government to clarify on this aspect and state before the court whether any direction has been issued by the State government making it mandatory for passengers travelling by Air to download the Aarogya Setu application."

The bench even directed the state government and Bengaluru Metro Rail Corporation to make clear their stand on whether passengers traveling by Metro railway will have to mandatorily download the application as condition before entering the metro railway station.

The court has now posted the matter for further hearing on August 13.  

On June 12, the Centre had told the Court that the use of the app was not mandatory.