Manipur High Court
Mr. Osbert Khaling vs The State Of Manipur Represented By ... on 2 March, 2022
Bench: Sanjay Kumar, Mv Muralidaran
KABORA Digitally signed
by
MBAM KABORAMBAM
Item No. 44
(Through Video Conferencing)
SANDEEP SANDEEP SINGH
Date: 2022.03.02
SINGH
IN THE HIGH COURT OF MANIPUR
15:31:29 +05'30'
AT IMPHAL
PIL No. 34 of 2021
Mr. Osbert Khaling, aged about 28 years, s/o. K. Thomas Maring,
resident of Khangshim Village, Sub-Division Machi, PO Pallel,
Tengnoupal District, Manipur - 795135
Petitioner
Vs.
1. The State of Manipur represented by Chief Secretary, Government
of Manipur, Manipur Secretariat, P.O. & P.S. Imphal, Imphal West
District, Manipur - 795001.
2. The Special Secretary, Home Department, Government of
Manipur, Manipur Secretariat, P.O. & P.S. Imphal, Imphal West
District, Manipur - 795001.
3. The Director of Health Services, Government of Manipur,
Lamphelpat, P.O. & P.S. Lamphel, Imphal West District, Manipur -
795004.
4. The Deputy Commissioner, Tamenglong, Manipur- 795141
Respondents......
BEFORE
HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR
HON'BLE MR JUSTICE MV MURALIDARAN
For the Petitioner : Ms. Carolin Kasar, Advocate
For the Respondents : Mr. S. Rupachandra, Addl. A.G.
Date of Order : 02.03.2022
PIL No. 34 of 2021 Page 1
ORDER (ORAL)
Sanjay Kumar (C.J.):
[1] By way of this writ petition filed in public interest, the petitioner assailed the Notification dated 30.06.2021 issued by the Home Department, Government of Manipur. By the said notification, the Government stated that it would be relaxing curfew/containment zone orders in future in a calibrated manner by assessing the Covid infection scenario and while opening up, it was considered prudent to prioritize opening of institutions, organizations, factories, shops, markets, private offices, etc., wherein employees and workers were Covid vaccinated. It was further stated that this would apply to NREGA Job Card Holders and workers in Government and private projects. The grievance of the petitioner was that the State could not compel the citizens to take the vaccination by resorting to such intimidatory measures.
[2] By order dated 13.07.2021, this Court observed that the State could not seek to impose conditions upon citizens so as to compel them to get vaccinated, be it by holding out a threat or by putting them at a disadvantage for failing to get vaccinated. It was further observed that restraining people who are yet to get vaccinated from opening institutions, organizations, factories, shops, etc., or denying them their livelihood, would be illegal on the part of the State, if not unconstitutional, as such a measure would trample upon the freedom of the individual to get vaccinated or choose not to do so. [3] However, as the stand put forth by the learned Additional Advocate General, Manipur, was that the notification merely expressed the intention of the Government as to what it proposed to do once relaxation of curfew/containment PIL No. 34 of 2021 Page 2 zone orders was resorted to, and that it would not be acted upon till such event, the said stand was taken on record and by way of abundant caution, it was made clear that the impugned notification would not be given effect to even if the State resorted to any further relaxation. This interim order was augmented by another interim order passed on 23.08.2021 in relation to the measure of the State to compel vaccination of Fair Price Shop (FPS) agents. [4] While so, it may be noted that day-time curfew has been lifted altogether and containment zones are also not being maintained in the light of the decrease in Covid cases across the State. The impugned notification is therefore of no import at present and the challenge thereto is rendered purely academic. This Court is not inclined to adjudicate in a vacuum. In consequence, the issues raised in this writ petition as to the extent to which the State can go to 'persuade' citizens to get vaccinated is left open for consideration in an appropriate case, if and when it arises.
Subject to this observation, PIL No. 34 of 2021 is closed. In the circumstances, we make no order as to costs.
A copy of this order shall be supplied online or through whatsapp to the learned counsel for the parties.
JUDGE CHIEF JUSTICE Sandeep PIL No. 34 of 2021 Page 3