Kerala HC Seeks Centre's Response On Plea To Repatriate Indians Stranded In UAE Amid COVID-19 [Read Order]

The High Court of Kerala on Saturday sought the response of the Central Government on a Public Interest Litigation filed seeking directions for the repatriation of Indian citizens stranded in United Arab Emirates due to COVID-19 situation.

The Court also asked the Centre to inform it about any policy decision taken with respect to allowing return of Indians from abroad in the light of the pandemic.

The matter will be next heard on April 17.

A division bench comprising Justices A K Jayasankaran Nambiar and Shaji P Chaly passed the order in a PIL filed by Kerala Muslim Cultural Centre, Dubai and a UAE based travel service provider.

Appearing for the petitioners, Advocate Haris Beeran submitted that Emirates Airlines has indicated its willingness to charter the Indian citizens back home, and therefore only a direction to permit the landing of the flight was sought for.

He added that the petition was with respect to those classes of Indians who got stuck in UAE after following the expiry of their visas. Since they are out of money and resources, they are facing a lot of hardships there, submitted the counsel.

In response, the bench, pointing out to an advisory by the Government of India, observed that it is advisable for Indians in foreign countries to stay there at moment, and wait for better times to return.

The bench also observed that the state needs to be on guard, and be cautious about letting persons from abroad coming at this juncture.

The bench then asked the Central Government to apprise it about the welfare measures taken by the Indian Embassy at UAE for the well-being of citizens there.

"Lets not question the wisdom of the Central Govt at this stage. We will seek a status report from them", the bench observed.

The plea clarifies that the petitioners are not asking for a direction to the Union of India to operate a chartered flight to evacuate the stranded citizens, as Emirates Airlines, which is the official airline of the Dubai government has expressed its willingness to operate flights to India subject to getting permission from the Indian government.

"It had come out in news that Air India had operated flights from various situations in India including Cochin to evacuate the stranded German citizens back to Germany. It had also come in news that Government of Oman has charted a flight to take their citizens back to their country", reads a portion of the petition.

The petitioners assert that the directions prayed here are also on similar lines- for the citizens of India stranded in the UAE to be brought back. It is lamented that many Indian citizens are suffering in labour camps in the UAE because of non-employment and non-availability of basic amenities- "Article 21 of the Constitution of India demands that such citizens be brought back to their county to alleviate their sufferings"

It is submitted that "strict conditions may be imposed for eligibility of persons who could travel to India as also the quarantine conditions to be imposed on arrival in India".

Click here to download order

Read Order