Kerala High Court
Shahul A.M vs Union Of India on 22 February, 2022
Author: S. Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 22ND DAY OF FEBRUARY 2022 / 3RD PHALGUNA, 1943
WP(C) NO. 1590 OF 2022
PETITIONER/S:
SHAHUL A.M
AGED 46 YEARS
SON OF MOHIYUDEEN, AMBALATHUVEETIL, A.P. RAMAN ROAD,
VALAPPAD P.O.,
THRISSUR.
BY ADV C.R.REKHESH SHARMA
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS,
NORTH BLOCK, NEW DELHI, PIN - 110 001
2 THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS
NORTH BLOCK, NEW DELHI, PIN - 110 001.
3 THE SECRETARY, MINISTRY OF CIVIL AVIATION
RAJIV GANDHI BHAWAN, BLOCK B, SAFDARJUNG AIR PORT AREA,
NEW DELHI, PIN - 110 003
4 THE SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE
MAULANA AZAD ROAD, NEW DELHI, PIN - 110 001.
5 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
6 THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE,
SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
BY ADV ASG OF INDIA
R1 to R4 BY SMT.MINIGOPINATH CGC,
R6 BY SRI.K.P.HARISH, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 1590/2022 :2:
Dated this the 22nd day of February, 2022.
JUDGMENT
S. MANIKUMAR,CJ.
Challenging Ext. P7 guidelines issued by the Ministry of Health and Family Welfare, New Delhi, respondent No.4, this writ petition is filed.
2. On 31st January, 2022, when the matter came up for admission, we ordered thus:
"Instant public interest litigation is filed seeking the following reliefs:
"(I) To call for the records leading up to Ext.P7 and quash the same to the extent of the provisions for compulsory quarantine for 7 days of the NRIs by the issuance of a Writ of Certiorari or any other appropriate writ, order or direction.
(II) To issue a Writ of Mandamus commanding the respondents to remove the compulsory quarantine provision for the NRIs from the International Travel Guidelines. "
2. Posed with a question as to when the petitioner returned to Kerala from abroad and the completion of the quarantine period, Mr.C.R.Rekhesh Sharma, learned counsel for the petitioner submitted that the quarantine period is over. He further submitted that a writ petition on similar issues is pending on the files of the Delhi High Court and it is posted to 15.02.2022.
3. Ms.Mini Gopinath, learned Central Government Counsel, takes notice for respondents 1 to 4.
4. Representing respondents 5 and 6, Mr.K.P.Harish, learned Senior Government Pleader submitted that the guidelines (Exhibit P7), subject matter of the instant writ petition, has been modified by the Central Government on 20.01.2022, without there being any change in the quarantine conditions.
Post on 22.02.2022 for filing a statement/affidavit, as the case may be, W.P.(C) No. 1590/2022 :3: with documents."
3. Today, when the matter is taken up for consideration in the forenoon, there is no appearance for the writ petitioner. Mr. K.P. Harish, learned Senior Government Pleader, submitted that the guidelines directing compulsory home quarantine for 7 days is no longer in vogue and that the Government of India, Ministry of Health and Family Welfare, have issued revised guidelines dated 10 th February, 2022 for international arrivals in supersession of all the guidelines issued on the subject and on and after 20th January, 2022.
4. The case is adjourned for being called in the afternoon for the learned Senior Government Pleader to produce the said guidelines. In the afternoon also, none entered appearance on behalf of the writ petitioner. In view of the fact that the guidelines have been revised, we proceed to pass final orders.
5. That apart, learned Senior Government Pleader submitted that the State Government has also issued guidelines for the travellers coming to Kerala in the context of SARS-CoV-2 VARIANT OMICRON.
6. Guidelines issued by the Government of Kerala, Health and Family Welfare Department and the Government of India, Ministry of Health and Family Welfare dated 4 th February, 2022 and 10 th February, 2022, read thus:
W.P.(C) No. 1590/2022 :4: W.P.(C) No. 1590/2022 :5: W.P.(C) No. 1590/2022 :6:Dated the 10 th February 2022 Government of India Ministry of Health and Family Welfare Guidelines for International Arrivals (in supersession of all guidelines issued on the subject on and after 20 January 2022) Introduction The global and Indian growth trajectory of COVID-19 pandemic continues with regional variations. The need to monitor the continuously changing nature of virus and evolution of SARS-CoV-2 variants of concern (VOCs) thus, must still remain in focus. The extant guidelines for international arrivals in India continue being formulated taking a risk-based approach. While monitoring the nature and spread of infection in the country and across the globe, cognizance is also given to the fact that economic activities need to be taken up in an unhindered manner.
Scope This document provides protocols to be complied by international travellers as well as those to be followed by airlines and all points of entry (airports, seaports and land border). This Standard Operating Procedure shall be valid w.e.f. 14th February 2022 (00.01 Hrs IST) till further orders. Based on the risk assessment, this document shall be reviewed from time to time.
A.1. Planning for Travel
i. All travellers should
a) Submit complete and factual information in self-declaration
form on the online Air Suvidha portal
(https://www.newdelhiairport.in/airsuvidha/apho-registration) before the scheduled travel, including last 14 days travel details.
b) Upload a negative COVID-19 RT-PCR report* (The test should have been conducted within 72 hrs prior to undertaking the journey) or Certificate of completing full primary vaccination schedule of COVID-19 vaccination**.
c) Each passenger shall also submit a declaration with respect to W.P.(C) No. 1590/2022 :7: authenticity of the report and will be liable for criminal prosecution, if found otherwise.
ii. They should also give an undertaking on the portal or otherwise to Ministry of Civil Aviation, Government of India, through concerned airlines before they are allowed to undertake the journey that they would abide by the decision of the appropriate government authority any post arrival requirement to undergo home/institutional quarantine/ self-health monitoring, as warranted. A.2. Before Boarding iii. Do's and Don'ts shall be provided along with ticket to the travellers by the airlines/agencies concerned.
iv. Airlines to allow boarding by only those passengers who have filled in all the information in the Self Declaration Form on the Air Suvidha portal and uploaded the negative RT-PCR test report or Covid -19 vaccination certificate of having completed the primary vaccination schedule**.
v. At the time of boarding the flight, only asymptomatic travellers will be allowed to board after thermal screening. vi. All passengers shall be advised to download Aarogya Setu app on their mobile devices.
A.3. During Travel vii. In-flight announcement about COVID-19 including precautionary measures to be followed shall be made at airports and in flights and during transit.
viii. During in-flight crew shall ensure that COVID appropriate behaviour is followed at all times.
ix. If any passenger reports symptoms of COVID-19 during flight, he/she shall be isolated as per protocol.
x. Proper in-flight announcements should be made by the airlines regarding the testing requirements and people who need to undergo such testing to avoid any congestion at the arrival airports. A.4. On arrival xi.. De-boarding should be done ensuring physical distancing. xii. Thermal screening would be carried out in respect of all the passengers by the health officials present at the airport. The self- declaration form filled online shall be shown to the airport health staff. xiii. The passengers found to be symptomatic during screening shall be immediately isolated and taken to medical facility as per health protocol. If tested positive, their contacts shall be identified and managed as per laid down protocol # .
W.P.(C) No. 1590/2022 :8:xiv. The following protocol post arrival shall also be followed a. A sub-section (2% of the total passengers in the flight) shall undergo random post- arrival testing at the airport on arrival. b. Such travellers in each flight shall be identified by the concerned airlines (preferably from different countries). They will submit the samples and shall be allowed to leave the airport. c. If such travellers are tested positive, their samples should be further sent for genomic testing at INSACOG laboratory network. d. They shall be treated/isolated as per laid down standard protocol. xv. All travellers will self-monitor their health for next 14 days of arrival.
xvi. If travellers under self-health monitoring, develop signs and symptoms suggestive of COVID- 19, they will immediately self- isolate and report to their nearest health facility or call National helpline number (1075)/ State Helpline Number. International travellers arriving at seaports/land ports xvii. International travellers arriving through seaports/land ports will also have to undergo the same protocol as above, except that facility for online registration is not available for such passengers currently. xviii. Such travellers shall submit the self-declaration form to the concerned authorities of Government of India at seaports/land ports on arrival.
* Children under 5 years of age are exempted from both pre- and post- arrival testing. However, if found symptomatic for COVID-19 on arrival or during the period of self-monitoring period, they shall undergo testing and treated as per laid down protocol. ** There are Countries which have agreement with India on mutual recognition of vaccination certificates of Nationally recognised or WHO recognised vaccines. Similarly, there are Countries which presently do not have such an agreement with India, but they exempt Indian citizens fully vaccinated with Nationally recognised or WHO recognised vaccines. On the basis of reciprocity, the travellers from only such Countries which provide quarantine-free entry to Indians will be allowed for relaxation under Certificate of completing full primary vaccination schedule of COVID-19 vaccination. The listing of such Countries is available on website of Ministry of Health & Family Welfare (mohfw.gov.in) and the link of the same will be available at website of Ministry of External Affairs and Air Suvidha Portal. This is also a dynamic list and will be updated from time to time. The travellers from such countries only are considered for allowing entry based on vaccination certificate & shall upload their fully vaccinate W.P.(C) No. 1590/2022 :9: certificate on the Air Suvidha portal.
# Contacts of the suspect case are the co-passengers seated in the same row, 3 rows in front and 3 rows behind along with identified Cabin Crew."
7. Learned counsel appearing for the State and the Central Government submitted that in view of the subsequent developments, Ext. P7 no longer survives.
8. On a reading of the above,we find that there is no compulsory quarantine for 7 days and in view of the subsequent developments, Ext. P7 does not survive. Therefore, no further orders are required to be passed in this writ petition.
Accordingly, this writ petition is closed.
sd/-
S. MANIKUMAR, CHIEF JUSTICE.
sd/-
SHAJI P. CHALY, JUDGE.
Rv W.P.(C) No. 1590/2022 : 10 : APPENDIX OF WP(C) 1590/2022 PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE VACCINATION CERTIFICATE ISSUED TO THE PETITIONER BY DUBAI HEALTH AUTHORITY AND UAE DEPARTMENT OF HEALTH. Exhibit P2 THE TRUE COPY OF THE FLIGHT TICKET RESERVATION DETAILS.
Exhibit P3 THE TRUE COPY OF THE RT - PCR TEST RESULT OF THE PETITIONER.
Exhibit P4 THE TRUE COPY OF EXCERPTS OF THE UPDATED DETAILS BY THE PETITIONER IN THE COVID JAGRATHA PORTAL. Exhibit P5 THE TRUE COPY OF THE ACKNOWLEDGEMENTS OF THE AIRPORT AUTHORITIES FOR COLLECTING THE SAMPLE FROM THE PETITIONER AND HIS WIFE, STAMPED ON THEIR BOARDING PASSES.
Exhibit P6 THE TRUE COPY OF THE SCREEN SHOT OF THE RT -PCR TEST RESULT MESSAGE RECEIVED Exhibit P7 THE TRUE COPY OF THE ABOVE SAID GUIDELINES ISSUED BY THE 4TH RESPONDENT.
Exhibit P8 THE TRUE COPY OF THE NEWS PUBLISHED IN THIS REGARD IN THE HINDU NEWS PORTAL ON 10.01.2022. Exhibit P9 THE TRUE COPIES OF THE REPORTS OF MATHRUBHUMI DAILY NEWS PAPER DATED 13.01.2022. Exhibit P10 THE TRUE COPIES OF THE REPORTS OF MALAYALA MANORAMA DAILY NEWS PAPER.
RESPONDENTS' EXHIBITS: NIL /True Copy/ P. S to Judge.
rv