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Karnataka HC: Travelers Entering from Other States to Register on Seva Sindhu Portal for Obtaining E-Pass; State being Questioned to Justify the Mandatory Registration
The Karnataka High Court by division bench of Justice Abhay Oka and Justice Ashok S Kinagi has directed the State Government to justify its decision of making it mandatory for travellers coming in Karnataka State from other States to self register themselves on the Seva Sindhu Portal for obtaining E-pass.
The Bench asked for the justification from state for its action of making it mandatory for travellers to register themselves on Seva Sindhu Portal. Also asked for the justification of the clause in its protocol dated June 8, making it mandatory for daily travellers to upload letters from the employers, on the portal issuance of e-pass.
The writ petition is filed by Advocate M Indira Priyadharshini. It is pointed out by the Petitioner (appearing as party in person) that clause 1 in SOP issued by Department of Health and Family Welfare of the State Government on June 8, making it mandatory for travellers to self register on Seva Sindhu Portal.
The Petitioner argued that the impugned clause is contrary to guidelines issued for unlock 3 by the Ministry of Home Affairs on July 29, which has allowed free intra state transport of people and goods. The petitioner argued that the mandatory registration on the Seva Sindhu Portal for e pass in violation of Fundamental Rights entrusted under Article 19(1)(d) and 19(1)(g) and Article 21 of the Constitution of India.
On the other side Advocate Vikram Huilgol, Counsel for State Government argued that the registration on Seva Sindhu is just to ensure that the State Government has a check and knows who is coming into the State as it is important to enforce the quarantine requirements.
The Court observed that the impugned restrictions are illegal. "Until it is not law, how can you make it mandatory? Even the Arogya Seyu App cannot be made mandatory”, Court said.
Court further asked, "under what provisions of law can you say that you need to register yourself on Seva Sindhu Portal?"
The Petitioner through this Petition seeks to grant an interim order to respondent to permit the free movement of the people living in Hosur and Anekal Taluk across the border inter-state border. The petitioner further seeks to quash clause 1 in the SOP dated June 8 issued by the State Government.
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