Explain Why Pakistani Minority Migrants With No Identity Cards Not Being Vaccinated Despite Court's Order?: Rajasthan High Court To State Govt.

The Rajasthan High Court on Thursday asked the Rajasthan State Government to explain as to why it is not treating the Pakistani Minority Migrants, who are not having prescribed identity cards, eligible for COVID-19 vaccination.

The Bench of Justice Vijay Bishnoi and Justice Rameshwar Vyas observed that despite its order dated May 28, the Pakistani Minority Migrants were not being vaccinated.

The Court noted that after its order dated May 28, a letter had been written by the National Health Mission, Medical, Health and Family Welfare Department, Government of Rajasthan to the Health and Family Welfare Ministry, Government of India requesting them to include the Pakistani Minority Migrants in the SOP which deals with 'COVID-19 Vaccination of Persons without prescribed Identity Cards through CoWIN'.

To this, the Court observed:

"It is noticed that once this Court in its order dated 28.05.2021 has already opined that SOP dated 06.05.2021 is not excluding the Pakistani Minority Migrants, who are eligible for COVID-19 vaccination, then it is difficult to understand that why the State Government is seeking further clarification from the Central Government and requesting it to include the Pakistani Minority Migrants in the SOP dated 06.05.2021."

The Amicus Curiae appearing on behalf of the Pakistani Minority Migrants further submitted that even the Pakistani Minority Migrants, who are declared as citizens of this country, are also not being vaccinated on the ground that they are not having Aadhar Cards.

So far as the ration/food packets are concerned, it was informed that the same are being made available to the Pakistani Minority Migrants residing in Jodhpur City but in other districts such as Jaisalmer, Barmer, and Jaipur.

In such circumstances, the Court directed the Chief Secretary, Government of Rajasthan, Jaipur:

• To submit a detailed affidavit regarding the steps taken by the State Government in every District as per the procedure given in Clause-5 of the SOP dated 06.05.2021
• To explain that why the State Government is not treating the Pakistani Minority Migrants, who are not having prescribed identity cards, eligible for COVID-19 vaccination though this Court vide order dated 28.05.2021 has already clarified that such Pakistani Minority Migrants are eligible for COVID-19 vaccination as per the SOP dated 06.05.2021.

The Court has also asked for the status regarding the availability of ration/food packets to the needy Pakistani Minority Migrants in the State of Rajasthan be also submitted.

The matter has now been list for further hearing on June 10, 2021.

During the course of the last hearing, stressing that it is the duty of the State to provide ration to every person residing in the State, the Rajasthan High Court had directed the State Government to make sure that ration is made available to the Pakistani Minority Migrants residing in Jodhpur by tomorrow.

The Bench had further directed the State Government to specify regarding vaccination of those persons who are not having the prescribed identity cards (including Pakistani Minority Migrants).

Case title - Suo Moto v. Union Of India And Anr. [D.B. Civil Writ Petition No. 10075/2017]

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