Chattisgarh High Court
Sanjay Gupta vs Union Of India on 9 June, 2020
Bench: P. R. Ramachandra Menon, Parth Prateem Sahu
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPPIL No. 42 of 2020
Sanjay Gupta S/o Deshraj Gupta Aged About 50 Years R/o Hig- 15,
Bajpai Castle, Minocha Colony, Bilaspur, District Bilaspur, Chhattisgarh
---- Petitioner
Versus
1. Union of India Through- Secretary, Ministry of Home Affairs, North Block,
New Delhi-01
2. Secretary Ministry of Railways, Rail Bhawan, New Delhi
3. Chief Secretary Government of Chhattisgarh, Mantralaya, Naya Raipur,
Chhattisgarh
4. Collector, Bilaspur District- Bilaspur, Chhattisgarh
5. Chief Executive Officer Bilaspur Municipal Corporation, District Bilaspur,
Chhattisgarh
---- Respondents
For Petitioner : Ms. Rajni Soren, Advocate.
For Respondents No.1&2 : Shri Himanshu Pandey, Advocate on behalf of Shri B.Gopa Kumar, Assistant Solicitor General.
For Respondents No. : Shri S.C. Verma, Advocate General with Shri 3&4/State Chandresh Shrivastava, Deputy Advocate General. For Respondent No.5 : Shri Pankaj Agrawal, Advocate Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu, Judge Judgment on Board Per P. R. Ramachandra Menon, Chief Justice 09.06.2020
1. The Petitioner, who claims to be a public spirited citizen and a social/political activist, has moved this Court by filing the present writ petition, styled as a Public Interest Litigation, with the following prayers:
"10.1 Issue a writ of mandamus directing the respondents to ensure running and stoppage of 'shramik trains' from/in Chhattisgarh as per requirements to carry migrant workers and others in transit, to various Destination States in terms of Order and SOP dated 19.5.2020 issued by the Ministry of Home Affairs, Government of India;2
10.2 Issue a writ of mandamus directing the respondents to make available sufficient number of buses in every district to ensure safe travel in terms of orders dated 19.4.2020, 29.4.2020 issued by the Ministry of Home Affairs, Government of India;
10.3 Issue a writ of mandamus directing the respondents to disseminate information to people on foot or those using unsafe transport regarding availability of 'sharamik trains' and buses through police stations, police personnel, police check posts, check posts of other departments, traffic police etc.;
10.4 Issue a writ of mandamus directing the respondents to ensure that proper arrangements for three meals, drinking water, shelter, separate shelter for different genders, common family shelter, toilets and sanitation, proper and sufficient dustbins, arrangement of security personnel 24 hours, is made for people in transit waiting for travel arrangements in all districts especially at Tifra New Bus Stand, Bilaspur;
10.5 Pass any other order the Hon'ble Court may deem fit in the interest of justice."
2. When the matter came up for consideration before this Court on 01.06.2020, we made certain observations and sought for clarification from the part of the Respondent/State. The said order reads as follows:
"..... The Petitioner in this writ petition styled as a 'Public Interest Litigation' projects the sad plight of the migrant labourers and the inadequacy allegedly prevailing, as on date for their conveyance, food, accommodation and such other aspects.
Ms. Rajni Soren, the learned counsel appearing for the Petitioner submits that after filing the writ petition, some developments have been taken place, particularly, with regard to the inter- state transportation and also as to the transportation within the State, but further clarifications are necessary from the part of the Respondents in this regard. It is also pointed out that many migrant labourers with children are coming late in night and they are not getting any food in the morning. The task for arranging food for such migrant labourers is stated as assigned to the Local Authority, who in fact, arranges it only by afternoon.
Shri Satish Chandra Verma, the learned Advocate General submits that the information 3 gathered by the Petitioner is not correct and that as many as 900 buses have been arranged by the State for conveyance of the migrant labourers. It is also pointed out that, from the District Bilaspur itself, more than 200 buses have been arranged for taking the migrant labourers to different destinations. In the case of people who want to go to such other States they are being taken in buses to the border of the State and that follow-up steps are being taken in consultation with the authorities of the neighbouring States, for arranging their further outwards journey. The learned Advocate General submits that, all through the journey within the State, proper measures have been taken with regard to food and water and that a detailed statement will be filed in this regard.
Shri H.B. Agrawal, the learned Senior Counsel appearing for the 5 th Respondent submits that there is no basis for the allegation levelled against the 5th Respondent as sufficient food and water are being provided and will continue the arrangement. A week's time is sought for to place all the facts and figures in black and white terms.
Incidentally, we require some clarifications from the learned Advocate General and also from the learned Assistant Solicitor General with regard to the inter-state and intra-state travel. This is with reference to the guidelines issued by the Central Government on 30.05.2020, whereby it is sated that the inter- state and intra-state will be free and no passes are required by anybody. However, yesterday, a new set of guidelines have been issued by the State, wherein it is stated that passes will be insisted for undertaking the inter-state travel, as it was being done earlier. It may be for appropriate reasons and the particular fact situation prevailing in the State, to curb the spread of COVID-19. But, in view of these two orders, since it is stated that trains have already been sanctioned for undertaking inter-state travel (for which it is stated that the consent of the State is not required), once the migrant labourers and such others who commence their journey from other States without taking any pass (based on the guidelines issued by the Central Government) and once they reach this State, what will be their fate and how they are going to be taking care of, is a matter to be ascertained. The State Government may have to make appropriate arrangements, once the travellers / migrant labourers from other States are reaching the State; to conduct the Corona test, to arrange the quarantine, wherever necessary and to arrange further conveyance. Instructions are necessary in view of the prima facie conflicting stands.4
The learned Advocate General and the learned Assistant Solicitor General are required to get appropriate clarification / instruction in this regard from the Government / authorities concerned and to place it as part of the record.
List the matter for further consideration on 08.06.2020.
The Petitioner is required to cure the defects, if any, in the meanwhile."
3. A reply has been filed on behalf of the Respondents No. 3 and 4/State, to the effect that the State Government has taken all steps for assisting the migrant labourers for reaching their home State, facilitating transportation, in view of the present COVID-19/lock-down situation. It is pointed out that specific guidelines (Annexure-R/1) have been issued on 29.04.2020 with reference to the migrant labourers from other States and the Collectors of all the Districts have been given necessary instructions for co-ordinating the activities. Provisions are also stated as made for quarantining such persons and for their food and shelter. The migrant labourers coming to the State are being medically examined at the border itself and then transported to their native places in the vehicles arranged by the Department. Particulars of the various arrangements made by the State in different spheres to the requisite extent, including the setting up of seven helpline numbers and online registration have been explained with reference to Annexure-R/2 reply/affidavit dated 04.06.2020 filed in suo motu Writ Petition (Civil) No.6 of 2020, where also the hardship of the migrant labourers is projected as an issue.
4. With regard to the query raised by this Court as to the clearance given by the Central Government as per the guidelines dated 30.05.2020 that no 'pass' is required for inter-State travel, while the guidelines issued by the State Government on the next day insists for such 'pass', it has been explained in paragraph 7 that necessary steps have been taken to facilitate the travel 5 and transportation without much hurdles, even though the people are coming to the State without taking necessary pass. For convenience of reference, we find it appropriate to extract paragraph 7 of the reply, as given below:
"7. It is respectfully submitted that so far as inter state movement of persons is concerned as the same was earlier prohibited and was being regulated as per the guidelines of the union of India requiring interstate passes the same is being continued even till date. Since as per the new guidelines of Union of India issued on 30.05.2020 it has been directed that State government are at liberty to regulate the intra state and inter-state movement as such looking to the Covid-19 situation it is the need of hour that such movement be controlled and monitored as such the requirement of pass is mandatory for the persons travelling from one district to other or from one state to another. That however with respect to the migrant labourers it is to be pointed out that they are not being faced any problem because of such requirement of pass as neither the same was strictly implemented for them earlier nor at present. Such migrant labourers are being dealt at the borders itself where proper enquiry and entries of their particulars are being made and are being transported to their native places or upto the State boundaries as per the requirement after complying with the necessary protocol. It is worthy to mention that even if labourers belonging to other state reach to the State boundaries without any pass or permission they are being properly enquired and their details are being recorded and in coordination with prior information to the concerned state which they belong or intends to travel, are being transported to the adjoining boundaries of the state. It is worthy to mention that the present issue is being handled with coordination of other states and nodal officers have been appointed to look after the inter-state movement as well assistance of the migrant labourers in reaching to their destination. The department of transport is specifically providing for the buses/means of transportation to send labourers to their native place/home districts/quarantine center/boundaries of Chhattisgarh state. Copy of the guidelines dated 01.05.2020 and 03.05.2020 for persons travelling through their own vehicle to the state of Chhattisgarh are collectively filed here as Annexure R-4."
5. The 5th Respondent (Local Authority) has also filed their return pointing out that there is no post of Chief Executive Officer in the Bilaspur Municipal Corporation (as shown in the party array). However, the relevant facts and 6 figures, insofar as the 5th Respondent/Local Authority is involved have been given, asserting that they are providing food, shelter and sanitation to all the migrant labourers who are coming to Tifra Bus Stand joining hands the team of CSIDC and the State Government. The 5 th Respondent has pointed out that the said Respondent is providing breakfast, lunch and dinner to the migrant labourers; that they have purchased all necessary items for proper cleaning and sanitization of the Bus Stand and to ensure the supply of food and maintenance of health and hygiene of the labourers who are coming from different States. Particulars of the 'help desk' established and the setting up of a kitchen; besides the help being provided by some NGOs to facilitate distribution of food, water etc. to the migrant labourers are also brought out with copies of the relevant documents/reports.
6. The learned counsel for the Petitioner points out that there is still some grievance in respect of the availability/frequency of buses; besides other shortcomings as pointed out in I.A. No. 07 of 2020.
7. Shri S.C. Verma, the learned Advocate General submits that there is absolutely no basis for the insinuation levelled against and that all earnest efforts have been taken and will be taken by the State to protect the rights and interest of the migrant labourers ensuring proper conveyance, food, water and shelter. The learned Advocate General points out that the main grievance appears to be with reference to the situation in the District 'Bilaspur', having chosen to implead only the authorities of the said District as Respondents No. 4 and 5. The various measures taken, with reference to the migrant labourers in relation to the said District have been given in a tabulated form for perusal of this Court, which is extracted below: 7
8. It is stated that similar arrangements have been made in respect of all the other Districts in the State as well. It is also pointed out that the alleged grievance projected by the Petitioner is not specific, but vague, and if there is any subsisting grievance for anybody, appropriate action will be taken to redress the grievance, once the factual particulars are furnished in specific terms to the competent authority of each District.
9. In the above facts and circumstances, the present writ petition stands closed;
leaving it open for the Petitioner or such other persons/bodies aggrieved in this regard, to pursue appropriate steps, if there is any subsisting grievance.
Sd/- Sd/-
(P. R. Ramachandra Menon) (Parth Prateem Sahu)
Chief Justice Judge
Hem