FRIDAY, APRIL 19, 2024
Team Herald
PANJIM: The High Court of Bombay at Goa on Tuesday dismissed the Goa government’s application seeking waiver of restrictions imposed on a section of people entering Goa.
The Division Bench, comprising Justice M S Sonak and Justice M S Jawalkar, asked Advocate General Devidas Pangam to move a fresh application in future, if the need arises. In the present circumstances, the court observed, restrictions ought to continue.
During the hearing, the AG pointed out to a report of the Indian Council of Medical Research, New Delhi (ICMR) to support his argument on lifting of restrictions for residents and those travelling to Goa for work purpose.
The Bench then asked the AG on why government did not adhere to ICMR report that also speaks about imposing a lockdown on high positivity rate. The AG had no answer.
“Goa is reporting high positivity rate. In such a situation can ICMR report be looked into isolation? You come with proper protocol… but your case is that everyone who is a citizen (of Goa) and all those travelling to Goa for work be allowed,” the Bench said.
Advocate Akash Rebello, representing one of the petitioners, argued that ICMR also indicates that all non-essential travel is prohibited. “Workers are separate category and should be considered separately. They cannot be included in ambulances and essential goods,” he added.
Advocate Nigel Costa Frias, representing another petitioner, endorsed Rebello’s argument and added that no blanket waiver, as prayed for by the government, may be granted by the court.
Rebello also countered a submission wherein the government stated that only a small number of travellers tested positive. “The classification of people coming in Goa is not clear. There are people who come in for less than 14 days but then go back to their State and they test positive. Or, there are travellers who stay for a lengthier time so they may not be considered as travellers,” he said.
The Court asked AG Pangam if he wants to make any rejoinders but he declined. The Bench said it will dismiss the application with liberty to the government to submit a proper protocol for labour workforce into Goa by providing appropriate safeguards.
A separate petition that seeks to know the State’s preparedness on the third wave is likely to be heard on Monday.
