C.R.NEELAKANDAN Vs. UNION OF INDIA
LAWS(KER)-2020-5-68
HIGH COURT OF KERALA
Decided on May 20,2020

C.R.Neelakandan Appellant
VERSUS
UNION OF INDIA Respondents

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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