Coronavirus Lockdown: Migrant workers are victims, not criminals, says Gujarat HC

Citing the observation made by the Supreme Court that cases against migrant workers during the lockdown should be withdrawn by respective state governments and the workers are "more the victims and certainly not the criminals," the Gujarat High Court granted bail to construction workers who were arrested following the violent clash with police in and outside Indian Institute of Management, Ahmedabad (IIMA).

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Although the orders were pronounced on Tuesday the workers couldn't be released on Wednesday as procedures couldn't be followed. On May 18, the Vastrapur police had arrested 35 workers following a violent clash with police inside the IIMA new campus where they were engaged by a private firm PSP Project Limited in the construction of a new building. A group of over 250 workers had lost their patience after their repeated requests for allowing them to go back to their native states were not heeded.

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Out of 35 arrested, two were tested positive for coronavirus. The duo and the remaining 33 workers had moved lower court for bail in separate applications. Most of these workers are from Jharkhand and are aged under 30s. The state government had opposed the bail on the ground that they were migrants and if granted bail they wouldn't come back for trial. The court upheld the argument and refused release them on bail. The workers approached high court through two separate petitions.

One of the petitions was heard by justice Paresh Upadhyay noted, "in the lockdown, when the applicants were without any work, without any money and even without any food and under such circumstances, instead of arranging their going back home, they are sent to jail. The applicants are more the victims, certainly not the criminals. They need not be continued in custody any further. They need to be set free immediately, on furnishing their personal bond, without any further condition."

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Similarly, justice Gita Gopi decided petitions of two workers who were infected with the virus. She has observed in her order that in view of the facts and circumstances of the case along with observations made by the apex court that respective governments should withdraw such cases, "this court finds this to be a fit case where discretion could be exercised in favour of the applicants."

Advocate Nirav Mishra, who represented the workers on behalf of the private firm, said that "The workers were not released from jail as the procedures are yet to be completed." He also added that the family members of the workers are getting "anxious and are under constant fear due to rising coronavirus cases in Ahmedabad."