COVID19: SC Issues Notice To Centre In Plea Seeking Evacuation Of 850 Indian Pilgrims Stranded In Iran [Read Order]

A Bench comprising Justices DY Chandrachud & Surya Kant issued notice to the Centre & the Solicitor General in an urgent listing for the aforesaid case, wherein hearing was conducted via Video Conferencing on the "Vidyo" app.

"The contents of the petition under Article 32 do indicate that there is an urgent need for humanitarian assistance to be provided to the pilgrims who are stranded in Qom. In order to facilitate their welfare, we are of the view that notice is required to be issued to the Union of India. We make the notice returnable on Monday", said the Bench.

Senior Advocate Sanjay Hegde, appearing for the Petitioner(s) had averred that as many as 250 the people who had visited Iran as pilgrims were "mostly from a poor financial background" and were required to return home in the beginning of this month. However, the pandemic completely changed the course of their journey.

"The said persons started their journey on different dates starting from December 2019. The trip was scheduled to be for a period of three months and the pilgrims were scheduled to return on several dates starting from 26th of February. The petitioner's relatives were scheduled to return on the 6th of March. However, during the interregnum there was an outbreak of the Corona Virus" – the Petition states.

Apropos this, an alternative prayer for "providing appropriate health/medical facilities and appropriate accommodation to such pilgrims till such time as the Respondents are in a position to evacuate them safely to India" was also sought in the petition.

Depicting the plight of the stranded citizens, it was stated that "most of the pilgrims are out of funds and are dependent upon the philanthropy of the locals".

In furtherance to this helplessness, the petitioners have been consistently sending SOS videos and messages via social media but have not been able to get any relief.

It was also contended that over 200 stranded pilgrims have been accommodated in hotel rooms in groups of 4-5 which "is a serious health hazard and could lead to disastrous consequences for such pilgrims". It is further contended that the said arrangement is in gross violation of the standards prescribes by the WHO as well as other health organisations.

Appreciating the efforts of the Central Government in relation to evacuation measures of the pilgrims in China, Italy & Iran, the Petitioner highlighted that the stranded citizens have however been unable to receive appropriate health care or evacuation measures.

From the Order

"We request Mr. Tushaar Mehta, the Ld. Solicitor General to assist the court and to apprise the court on a status report of the steps which have been and which the Union of India proposes to undertake to alleviate the hardship which is being faced by these persons. We hope and trust that in the meantime all necessary steps that are required to protect the welfare of these citizens will be adopted and there is suitable plan of action will be chalked out in consultation with all concerned including the Indian Embassy in Iran. List on Monday. The registrar (Judicial) shall forward in electronic mode a copy of the writ petition under art 32 together with this order to the Ld. Solicitor General".

Senior Advocate Sanjay Hegde was assisted by Advocates Ashish Virmani and Harsha Gollamudi.

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