JUDGEMENT
ANU SIVARAMAN,J. -
(1.)This writ petition has been filed seeking directions to the 1 st respondent to take effective steps to conduct mandatory RTPCR
tests on passengers not more than 4 days before embarkation
process to India at the cost of the first respondent. There is a
further prayer to respondents 1 & 7 to take all precautionary
measures to ensure proper quarantine of NRIs who arrive in
Kerala to prevent the spread of Covid 19.
(2.)Heard the learned counsel for the petitioner, the learned Additional Advocate General appearing for the seventh
respondent as well as the learned Central Government Counsel
appearing for respondents 1 to 6.
(3.)It is contended by the learned counsel for the petitioner that the Standard Operating Protocols for movement of Indian nationals
in the Vandhe Bharat Mission does not require proper screening
through RTPCR tests of those who are permitted to travel under
the said scheme. It is contended that several countries are
resorting to testing of inbound passengers to ensure that carriers
of the virus are not permitted to enter the country. It is further
contended that the lack of testing before boarding is a serious
danger, since if there are asymptomatic passengers who are
permitted to board after the inconclusive temperature test alone,
there is every chance of the virus being transmitted to other
passengers during travel and that this is a further issue which
has to be addressed by the Central Government by making
necessary amendments in Exhibit P1 Standard Operating
Protocol. It is submitted by the learned counsel for the petitioner
that the State of Kerala has already addressed the issue by
Ext.P8 letter dated 5.5.2020 sent by the Chief Minister to the
Prime Minister and it has been requested that the Standard
Operating Protocols may be properly modified by including
provisions for testing all those who board the flights from the
source countries so as to prevent further spread of the contagion
in India.
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