SC refuses to pass orders on plea to evacuate Indians stranded in US due to coronavirus outbreak

To court asks petitioner to make representation to MEA

Amid announcement by US President Donald Trump to suspend immigration, the Supreme Court on Tuesday declined to issue any orders on a plea to evacuate the Indian citizens stranded over there after outbreak of COVID-19 pandemic.

A bench of Justices N V Ramana Sanjay Kishan Kaul and B R Gavai told petitioner senior advocate Vibha Datta Makhija to wait for sometime. She wanted the Centre to bring back distressed Indian citizens from the United States.

"They cannot be brought in, no matter how much we want. Assistance is being given to them. They are spread across the US. The government over there is extending Visas," the bench said.

The court took into consideration a status report filed by the Centre, stating that it was not possible at this stage to evacuate people from the US.

The court, however, allowed petitioner Makhija to make a representation before the officers of the Ministry of External Affairs within two weeks. "The concerned authorities are directed to consider it on its own merits and take appropriate steps to ameliorate the conditions of those in USA," the bench said.

During the hearing, Makhija contended the people over there need help because application for extension of Visas cost was fixed as 500 USD. There was also no guarantee of Visa getting extended.

To this, the court said it was a different government and there could not be any control on their decisions.

"Indian government can request the US government to not create problems in the Visa extension," the bench said.

Makhija then said she has got a list of 110 people, who were in dire need of help, including cancer patients and disabled persons.

"There are helplines. The government has said they will consider evacuation on case by case basis. There needs to be fairness. Evacuations have been organised by Indian government in the past to bring back indian citizens," she said.

Solicitor General Tushar Mehta said that it was done earlier. Now internationally, it has been stopped.

"On this situation, orders can't be passed. There can't be an Article 14 plea that you brought some persons, now bring others back as well," the bench said.

Makhija, however, said she was not talking about students right now. There werw workers also. They were facing discrimination. They bring in lakhs of rupees in remittances every year.

The bench, however, said, "We cannnot do anything at this time. Don't pitch it at a level which does not exist."

Makhija again said there was international commitment to meet, along with WHO guidelines and rights of citizens.

The bench said: "The court will not tell government to do anything in a particular manner. It is a worldwide problem. Each country is doing their best. These are not matters for court intervention. The government will lay down a roadmap". Makhija, for her part, pointed out she was not challenging the roadmap.

"We will not entertain this challenge. These are not subjects that can be entertained in these time. Whatever you're asking for, we will not entertain," the bench said.

Mehta said the petitioners can convey the issues to the designated nodal officer for the particular country.

Makhija then said the travel ban is invalid.

"We are not entering into these areas. What the government wants to do, what the WHO said at what time we are not going into this issue," the bench said, refusing to pass any order.