Lawyer Moves SC For Safe Transport Of Migrant Workers In Mumbai; Offers To Deposit ₹ 25 Lakhs As Travel Cost [Read Petition]

The Petitioner, in order to show his bona fide intention, has agreed to submit a sum of Rs. 25 lakhs in the Registry of the Supreme Court, towards the cost of travel of the migrants belonging to districts of Basti and Sant Kabir Nagar, irrespective of their caste, creed and religion.

The petition, filed by Advocate-on-Record Ejaz Maqbool on behalf of Advocate Sagheer Ahmed Khan, submits that the Petitioner was himself a migrant from Sant Kabir Nagar and is well-versed with the plight of the migrants who have been left to fend for themselves in the midst of the national lockdown imposed in wake of the COVID-19 pandemic.

It is contended that the Petitioner sought to discharge his social responsibility by approaching the Respondents first. However, due to failure of the Respondents to address the "plight of life and death", the Petitioner has been constrained to approach the Apex Court to save the lives of the migrants who are suffering due to the inaction of the Respondents.

The petition goes on to state that the lockdown has to led to the depletion of the migrants' source of livelihood and therefore, they are being forced to leave Mumbai and travel to their hometowns in inhuman conditions, with a few even dying due to exhaustion and starvation.

"While some migrant workers are undertaking the journey on foot, the others are resorting to truck journeys where at least 100-120 persons are traveling in one truck. It is submitted while some migrant workers are dying of exhaustion and starvation, others are suffocating while undertaking this tedious journey. Needless to say, that this is a clear violation of right to life of these workers who have suddenly found themselves helpless in the midst of the nationwide lockdown".

The petition submits that the Petitioner started getting telephonic calls from migrants from his district from May 7 onwards, seeking for his help. On enquiry from the local police station, the Petitioner was informed that the UP Government and the Railway Ministry were to take the call regarding the transportation of migrant workers via trains. It also came to the Petitioner's knowledge that trucks and minitrucks were plying on payment of Rs. 5000 per passenger, a sum that was too exorbitant for the migrants.

The Petitioner also tried to book trains or buses to transport the migrants, however the effort was futile due to non-responsiveness of the Nodal Officer of the UP Government. He also approached the local government to issue permit for transporting the migrants by buses, but was informed that the issuance of permits would require the migrants to fill forms and the formalities for the same would be impossible for the migrants to uphold.

It is further averred in the petition that multiple attempts to contact the Nodal Officer appointed by the State of Uttar Pradesh for ensuring safe return of migrants from Maharashtra bore no fruits as the telephone lines were constantly busy and the emails of the Petitioner were not answered. Therefore, the Petitioner was left with no other option, but to approach the Apex Court as a result of the blatant violation of the migrant workers' right to life and right to live with dignity under Article 21 of the Constitution of India.

In light of the above, the following prayers have been sought by the Petitioner:

a. Directions to Respondents to ensure immediate and safe evacuation of migrant workers to their hometowns free from any technicality and under the supervision of the Supreme Court;

b. Direct the Respondents to provide the migrants safe and secure means and mode of travel to their destination;

c. Direction to the Respondents to advertise and make all attempts to disseminate all relevant information concerning such evacuation facilities to the lowest strata of society;

d. Direct the Respondents to make suitable arrangements to transport the migrants belonging to Sant Kabir Nagar district by arranging a suitable train or any other mode of transportation from Mumbai to Sant Kabir Nagar;

e. Direct the Respondents to ensure that enough number of trains and/or buses are dedicated for the evacuation of migrants and that they are transported back to their hometowns in a safe and secure manner.

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