The Supreme Court on Friday stayed an interim order of the Orissa High Court asking the State government to ensure that migrants in queue to enter the State have tested negative for COVID-19 before boarding the vehicles to take them home.
A Bench headed by Justice Ashok Bhushan stayed the order, which was challenged by the Centre, and issued notice to the parties in the appeal.
Solicitor General Tushar Mehta told the Bench that stranded migrants were screened before they boarded trains and only those who were found asymptomatic were allowed to proceed.
“We are of the view that the order of the Government of India dated April 29, 2020 provides ample protection. It appears that before the High Court, the order of the Government of India dated April 29, 2020 and the guidelines were neither brought to the notice nor were under challenge,” the apex court observed in the order.
“In view of the aforesaid, we stay the interim order dated May 7, 2020. We further clarify that the stranded migrants shall be dealt with as per the order/guidelines of the Government of India dated April 29 read with the guidelines dated May 1 issued thereunder by the Government of India, Ministry of Home Affairs,” it said.
In its appeal, the Centre said the High Court “has without hearing the Union of India passed an interim order mandating the COVID-19 testing of every migrant before boarding the conveyance.” The Centre feared that the order may have a “cascading effect” on migrants of other States as well.
