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High Court closes plea challenging travel pass system
Holding that e-passes neither restricted nor prohibited movement but rather regulated the movement of travelling public to control the spread of coronavirus, the Madras High Court closed a plea moved by a driver, who sought the insistence of the pass for inter-district and Inter-State travel declared as unconstitutional.
Chennai
The plea had placed reliance on Clause (5) of the guidelines issued by the Home Ministry that said there should be no restriction on the movement of people and goods within the State, country and even neighbouring counties. No separate approval would be required for such movement, it added. Recording the State’s submission that issuance of e-passes has been relaxed and that the allegation of restriction on movement was unfounded, the first bench comprising Chief Justice AP Sahi and Justice Senthilkumar Ramamoorthy said the court was satisfied that the words “no restriction” was not contravened by a regulatory method of issuing of e-passes.
Also, noting that it was not stated anywhere in the State government’s notification that e-pass would not be issued to any citizen for an appropriate movement, the first bench said, “We do not find any contradiction with the guidelines issued by the National Disaster Management Authority so as to strike down the continuance of the e-pass system at present on account of any violation of fundamental rights, leaving it open to the State government to reconsider it as and when the occasion arises.” The petitioner, S Aravind, had contended that drivers like him faced problems due to e-pass system, which breached their fundamental right of movement and in contravention of the guidelines issued by the Centre.
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