Delhi HC Directs Haryana Govt To Allow Inter-State Movement of Essential Goods As Well Professionals Engaged In Essential Services [Read Judgment]

The Division Bench of Justice Manmohan and Justice Sanjeev Narula has also noted that in case the Haryana Government fails to comply with the assurances given by it before the court, legal proceedings can be initiated against it in accordance with law.

The order has come in a PIL seeking a direction to Union Government to take action against the Haryana Government for adopting a restrictive policy and not allowing 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.

The petition had also sought for the free movement of trucks carrying essential goods.

The Petitioner had argued that the Haryana Government has created various hurdles and restrictions in the movement of people who are permanent residents of Faridabad, Gurugram,

Bahadurgarh, Sonipat etc. but are employed in different organisations which are running essential services in Delhi like Delhi Police, Delhi Transport Corporation, Delhi Jal Board, Municipal Corporations, Hospitals and private Doctors.

The Haryana Government submitted that as per the MHA order dated May 01, the States/UTs based on their assessment of the situation, and with the primary objective of keeping the spread of COVID-19 in check, could allow only select activities from out of the permitted activities, with such restrictions as felt necessary.

Therefore, it was stated by the Haryana Government, that as per its letter dated May 13 that inter-state movement of medical professionals and their staff was being facilitated in line with the directions of the Ministry of Home Affairs, Government of India. Moreover, in pursuance of the same, all District Magistrates of Haryana shall issue e-passes to allow smooth inter-state movement of all medical professionals, nurses, para-medical and sanitation personnel, on priority for the entire duration of the lockdown.

Mr Anil Grover, Advocate General of Haryana, informed the court that the Haryana Government has now started issuing e-passes even to private health workers within thirty minutes of an application being filed.

He further stated that an e-pass holder can during its validity make multiple trips to and fro between Delhi and Haryana.

Therefore, on behalf of the Haryana Government, the Advocate General undertook to implement the following:

1. Free movement of trucks carrying both the 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.
2. The Delhi - Haryana border is open and the roads near the border have not been dug up. The said border shall be kept open and shall be manned by security personnel.
3. Movement of people who man essential services as mentioned in notifications/orders/letters issued by Union of India including but not limited to government as well as private 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 and they shall not be quarantined unless and until they test positive for COVID-19 or have been found in contact with COVID-19 patient.
4. 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

Therefore, while disposing of the petition the court noted that the Haryana Government has undertaken to strictly comply with these submissions.

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