SC stays Orissa HC order banning entry of people without being COVID-19 negative

The Supreme Court on Friday stayed an order by the Orissa High Court that restricted entry of people from other states until they were tested negative of COVID-19, as the Centre contended it would set a dangerous precedent having far-reaching repercussions.

A bench of Justices Ashok Bhushan, Sanjay Kishan Kaul, and B R Gavai suspended operation of the interim order of the HC passed on May 7 on the petition filed by the Union government.

Solicitor General Tushar Mehta submitted that people should be allowed to enter the state as it has been more than 40 days since the lockdown has been imposed.

He also said that various sections of people like workers, students, and others have been facing problems as they were stranded due to lockdown.

"States need to make necessary arrangements if they wish to check the people but they cannot completely ban their entry," he said.

Mehta further contended that such orders would lead to a cascading effect of such restrictions being imposed by other states.

The petition filed by the Centre claimed that the HC's order clearly impinged upon the executive domain and created an unreasonable and impossible to perform pre-condition on part of the governments and the migrant workers who wished to travel back to their native places.

It further pointed out the central government, in conjunction with state governments, was taking all possible precautions at the stage of boarding, during travel, after de-boarding in every state and the subsequent quarantine.

Maintaining that the HC's order was erroneous in law and in fact, the Union government said the COVID-19 pandemic and the migration of stranded persons were national problems and no orders can be passed in absence of the central government being a party.

"Migration of workers, pilgrims, tourists, students and other persons, stranded at different places, is in such pandemic has taken place at their behest after receiving numerous representations from various quarters," it said.