Delhi High Court
Kushagra Kumar vs Union Of India And Ors on 4 June, 2020
$~5.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 4th June, 2020
+ W.P.(C) 3352/2020
KUSHAGRA KUMAR ..... Petitioner
Through: Mr. Harshvir Pratap Sharma,
Sr. Adv. with Ms. Damini Garg &
Mr.Kushagra Kumar, Advs.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Anil Soni, CGSC with
Mr.Ripu Daman Bhardwaj, Adv. for UOI
Mr. Sanjoy Ghosh, ASC with Ms. Urvi
Mohan, Adv. for R-2 & R-3
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
JUDGMENT
: D. N. PATEL, Chief Justice (Oral)
Proceedings of the matter have been conducted through video
conferencing.
CM APPL.11816/2020 (exemption)
Allowed, subject to just exceptions.
W.P.(C) 3352/2020
1. We have heard the petitioner in person, counsel for the petitioner as
well as counsel for the respondents.
2. The main grievance ventilated by this petitioner is regarding the entry
of non-Delhiites (particularly persons resident in other parts of the National
Capital Region) into Delhi for the purpose of medical
requirement/treatment.
3. Learned counsel appearing for respondent No.2 submitted that
without carrying out due and proper research work, this so-called public
interest litigation has been preferred. It is vehemently submitted by the
learned counsel for respondent No.2 that this is a publicity interest litigation.
4. Learned counsel for respondent No.2 further submits that they are
allowing everyone who are in need of medical services through
Government, private or Government aided hospitals/clinics in Delhi
irrespective of the status as to whether the person is a Delhiite or non-
Delhiite. The only requirement for entering Delhi is to furnish e-pass issued
by the concerned Nodal Officers/District Magistrates, which is easily
available on providing the requisite details pertaining to medical exigencies.
It is also submitted by the learned counsel for respondent No.2 that in
pursuance of the Central Government declaration, popularly known as
Unlock-1, consequential order has also been issued by the Government of
1st
NCT of Delhi and as per para 6(ii) of the said consequential order dated
June, 2020, e-pass are being given to those who are in search of medical
facility available within Delhi irrespective of the fact that the person who
comes to Delhi is a non-Delhiite. Moreover, the District Magistrates of
Noida and Gurugram are issuing passes to their residents to enter Delhi for
medical treatment. Thus, the grievances of the petitioner are factually
incorrect.
5. In view of the above submissions, the grievances of the petitioner
ventilated in the writ petition about the entry of the persons who are not
ordinarily residing at Delhi but want to enter into Delhi for medical
treatment/requirement, is already addressed by the respondent No.2, that too
in black and white through a consequential order - Unlock-1 dated
01.06.2020.
6. We appreciate the stand taken by the respondent No.2 that the
aforesaid circular dated 01.06.2020 issued by Government of NCT of Delhi,
if not uploaded so far, will be uploaded on a Government website as early as
possible so that public at large can take benefit of the mechanism of e-pass
to enter Delhi for getting medical treatment. We also direct the respondent
No.2 to highlight the same on their website by keeping it blinking in red or
in any other colour.
7. With these observations, this writ petition is disposed of.
CHIEF JUSTICE
PRATEEK JALAN, J
JUNE 04, 2020
ns
