Governments cannot impose restrictions on essential services that conflict with national emergency directives safeguarding public movement during crises.

JUDGMENT

Manmohan, J. (Oral)--The present petition has been heard by way of video conferencing.

2. It is pertinent to mention that the present public interest litigation has been filed under Article 226 of the Constitution of India seeking a direction to respondent No.1 (Union of India) to take action against respondent No.2 (State of Haryana) for adopting a restrictive policy and not allowing the movement of people involved in essential services like doctors, nurses, paramedics, sanitation workers, staff of Delhi Police, Delhi Transport Corporation, Delhi Jal Board, Municipal Corporations etc. between Delhi and Haryana and to direct the respondent No.2 not to restrict the movement of trucks to and fro between Delhi and Haryana.

3. In the present writ petition it has been averred that the petitioner had come to know through newspapers reports dated 29th April, 2020, 30th April, 2020 and 01st May, 2020 published in "Navbharat Times" and "Times of India" that respondent No.2 had sealed and dug up its border with Delhi and even stopped the movement of trucks carrying vegetables, fruits and milk, thereby, adversely impacting their supply in Delhi. It has also been averred that the respondent No.2 has created various hurdles and restrictions in the movement of people who are permanent residents of Faridabad, Gurugram, Bahadurgarh, Sonipat etc. but are employed in different organisations which are running essential services in Delhi like Delhi Police, Delhi Transport Corporation, Delhi Jal Board, Municipal Corporations, Hospitals and private Doctors.

4. On the first date of hearing i.e. 08th May, 2020, in the absence of any reply affidavit, arguments were confined to restrictions imposed in Sonipat as the petitioner had annexed only an order dated 25th April, 2020 issued by the District Magistrate, Sonipat. Since it was the case of the respondent No.2-Govt. of Haryana that the order dated 25th April, 2020 had been superseded by the subsequent order dated 30th April, 2020 issued by the District Magistrate, Sonipat, this Court after considering the same had issued notice in the entire writ petition. The order dated 08th May, 2020 is reproduced hereinbelow:

"1. The present public interest litigation under Article 226 of the Constitution of India has been listed before this Bench by the Registry in view of the urgency expressed therein.

2. The writ petition has been heard by way of video conferencing.

3. Present public interest litigation has been filed seeking a number of directions. The prayer clause is reproduced hereinbelow:

"a) the respondent no.1 (Union of India) be directed to stop respondent no.2 (Govt. of Haryana) from doing all these restriction activities in violation of their orders dated 15.04.2020;

b) respondent no.1 be further directed to direct respondent no.2 to allow all these activities as stated above i.e. the entry of trucks carrying green & fresh vegetables, milk, food grain, medicines & other essential & life-saving commodities coming Himachal Pradesh, Jammu & Kashmir, Punjab & even from Haryana and allow the entry of persons who are employed in Delhi Jal Board, Delhi Police, Hospitals, Municipal Corporations etc. and having pass and permissible under the orders passed by respondent no.1 dated 15.04.2020 on border points of Singhu, Tikri, Gurugram, Aya Nagar & Badarpur;

c) in case the respondent no.2 does not obey the orders & directions issued vide orders dated 15.04.2020 by respondent no.1 and further in pursuance of this writ petition, the respondent no.1 be directed to deploy Para-Central Forces on these five border points so as to stop the respondent no.2 from the above said illegal activ