Delhi HC terms Sonepat DM’S orders violation of constitution

CHANDIGARH: The Delhi high court on Friday said that orders of Sonepat district magistrate (DM) Anshaj Singh obstructing the movement of doctors, nurses, court officials and trucks from Delhi to Sonepat constituted an infringement of the constitutional provisions.

The district magistrate had on April 30 restricted movement on grounds that there have been cases of Covid-19 in Sonepat with contact history traced to crossborder sources.

Hearing public interest litigation (PIL), a division bench of the Delhi high court comprising Justice Manmohan and Justice Sanjeev Narula said: “This court is of the prima facie view that April 30 order issued by the Sonepat DM constituted an infringement of Articles 19(1)(d) and 301 of the Constitution, especially when the entire national capital and Sonepat are not containment zones.”

Article 19 (1)(d) allows every citizen to move freely throughout the territory of India and Article 310 provides for freedom of trade, commerce and intercourse throughout the territory of India.

The Delhi HC said it was also in prima facie agreement with the submission of the petitioner that the action of the Sonepat DM is contrary to the orders of April 15 and 30 issued by the Union home secretary.

The bench also quoted an April 1 order of a division bench of Kerala high court which said that no doubt, restrictions may be imposed in times of a national emergency such as the present, but when the guidelines issued by the central government under the Disaster Management Act itself permits to travel for urgent medical treatment, then the said guidelines have necessarily to be enforced by the central government through the removal of the blockades that prevent such travel.”

The petitioner, OP Gupta, had contended before the court that as Sonepat is not only contiguous to Delhi but also a part of the national capital region, a number of Delhi residents have to travel to Sonepat for essential work and vice versa.

He submitted that the Sonepat district magistrate has imposed blanket cross-border transit restrictions between Delhi and Sonepat and granted exemptions to only a few categories of government officials and for movement of goods not destined for Sonepat.

The petitioner said that even doctors, nurses, and court officials who either resided or worked in Sonepat were being prevented from entering and leaving the city.

The petitioner said these actions were contrary to and violative of the orders of Union home secretary.

Issuing notice to the Union and Haryana governments to file responses, the high court has listed the case for May 12.

SONEPAT DISTRICT MAGISTRATE HAD ON APRIL 30 RESTRICTED MOVEMENT ON GROUNDS THAT THERE WERE COVID CASES IN SONEPAT WITH CONTACT HISTORY TRACED TO CROSS-BORDER SOURCES