Notice from Delhi High Court to Haryana, Center on Border Restrictions

Vehicles queued to enter Gurgaon, on NH-8. (Express photo of Abhinav Saha)

The Delhi High Court on Friday expressed dissatisfaction with the Haryana government’s decision to restrict the movement of trucks from Delhi to Sonepat, as well as the movement of doctors, nurses and judicial officials, noting that the order “constitutes a violation” of The residents’ rights.

Judge Manmohan and Judge Sanjeev Narula also issued a notice to the Central and Haryana governments and requested their response to O P Gupta’s statement, before the next hearing date on May 11.

Gupta, who was discussing his case in person, argued in court that in the event that the Haryana government “does not obey the orders and directions issued on April 15, 2020 by the Union of India,” then it must direct the Authorities interested in deploying Para Central forces at border points to prevent them from carrying out ‘illegal’ activities that restrict the movement of the essential supply of vegetables, fruits, milk, medicines and people who work permanently in Delhi. ”

The petitioner expressed his concern about the border points of Singhu, Tikri, Gurgaon, Aya Nagar and Badarpur.

He also stated in court, during the hearing of the petition via video conference, that “as Sonepat is not only contiguous to Delhi but is also part of the National Capital Region, several Delhi residents have to travel to Sonepat to perform essential work and Similarly, several Sonepat residents have to travel to Delhi. ”

He argued that the District Magistrate, Sonepat, imposed general restrictions on cross-border traffic between Delhi and Sonepat and granted exemptions to only a few categories of government officials and for the movement of goods not destined for Sonepat.

He also emphasized that even doctors, nurses, and court officials who reside in Sonepat or work in Sonepat are prevented from entering / leaving Sonepat.

Taking note of which, the bank observed: “Prima facie, this court is of the opinion that the order of April 30, 2020, from the District Magistrate, Sonepat, prevents and obstructs the movement of trucks from Delhi to Sonepat, as well as the movement of doctors, nurses, judicial officials, etc. to and from Delhi to Sonepat.

Consequently, this court is of the prima facie opinion that the order of April 30, 2020, by the District Magistrate, Sonepat, constitutes a violation of articles 19 (1) (d) and 301 of the Constitution of India, especially when the entire national capital and Sonepat are not buffer zones. “

Article 19 (1) (d) of the Indian Constitution guarantees all citizens of India the right to “move freely throughout the entire territory of India”. Article 301 establishes that trade, trade in the country must be free throughout the country.

The bank further stated that “this court also agrees at first sight with the petitioner’s presentation (Gupta) that the action of the District Magistrate, Sonepat, is contrary to the orders / letters dated April 15, 2020 and the April 30, 2020 and May 1, 2020, issued by the Union Minister of the Interior. “

The central government attorney said they issued revised guidelines on April 30, which allowed all freight traffic to be handled.

The Haryana government’s attorney disputed and denied the claims and submissions made by the petitioner.

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