The main legal point established in the judgment is that the clauses in the SOP mandating vaccination for leaving houses and earning livelihood were arbitrary and violative of fundamental rights.

ORDER :

1. The proceeding is conducted via remote Video Conference.

2. Heard Mr. Zochhuana, the learned Amicus Curiae and Mr. C. Zoramchhana, learned Additional Advocate General for the State of Mizoram.

3. The case has been listed today as opportunity had been given to the learned Additional Advocate General to obtain instructions with regard to Clause 5(2), 6(1) and 6(5) of the Standard Operating Procedure (SOP) dated 29.06.2021.The above clauses requires all persons in the State of Mizoram to be vaccinated or else they would not be allowed to leave their houses to procure/obtain essential items/goods or earn their livelihood by working in shops/stores, driving public/commercial transport vehicles etc. The other issue to be taken up today is with regard to the requirement of obtaining a pass or permit from the Deputy Commissioner, Aizawl for travelling outside Mizoram in terms of the notice No. C.16011/298/2020-DC(A)/PT-II dated 26.06.2021.

4. With regard to the requirement of obtaining a pass or permit from the Deputy Commissioner, Aizawl for travelling outside Mizoram in terms of the notice No. C.16011/298/2020-DC(A)/PT-II dated 26.06.2021, the learned Additional Advocate General has submitted Notice No. C.16011/298/2020-DC(A)/Misc dated 01.07.2021 issued by the Deputy Commissioner, Aizawl, the content of which is as follows:—

“NOTICE

Movement of vehicles have been restricted in some parts of Assam due to the area being declared as a containment zone/area. And it is learnt that due to this restriction some people used to have difficulties moving around. Therefore, in an effort to facilitate easy movement of travelers passing through Assam from Mizoram (by road) to Exit Permit may be issued on being applied as stated below.

This will supersede the earlier Notification issued vide No. C.16011/298/2020-DC(A)/Pt-II Dt. 26.06.2021.

1. The application may be submitted to the Deputy Commissioner, Aizawl through mcovid19.mizoram.gov.in (mPASS Exit Permit)

2. The applicant shall specify his/her name, address, phone number, final destination and the date and time of his/her proposed journey along with the reason for his/her journey and vehicle Registration number as prescribed in the Permit application form.”

5. On perusal of the above Notice dated 01.07.2021 issued by the Deputy Commissioner, Aizawl, which has been made in supercession of the earlier notification dated 26.06.2021, we are of the view that the Notice dated 01.07.2021 has clarified the earlier notification dated 26.06.2021, besides showing that Exit Permit is not a mandatory requirement for people wanting to leave the State. Accordingly, the said issue is closed. However, the State respondents will ensure that if similar notifications, like the earlier notification dated 26.06.2021, has been issued by other Deputy Commissioners from other Districts, the Deputy Commissioners in the other Districts should also issue a similar Notice dated 01.07.2021, which is reproduced above.

6. For a better understanding of the other issue involved, i.e. the legality of Clause 5(2), 6(1) and 6(5) of the Standard Operating Procedure (SOP) dated 29.06.2021, the Order dated 01.07.2021 passed by this Court is reproduced below:—

“The proceeding is conducted via remote Video Conference.

2. Heard Mr. Zochhuana, the learned Amicus Curiae as well as Mr. C. Zoramchhana, learned Additional Advocate General.

3. The learned Additional Advocate General submits that though he has received some instructions from the Deputy Commissioner, Aizawl with regard to the Notice dated 26.06.2021, he needs further instruction on the matter and in this regard, he will be communicating with the concerned Deputy Commissioner today.

4. In view of the partial opening up of the current restrictions in place in the State, the Chief Secretary, Mizoram has issued Order dated 29.06.2021 along with the Standard Operating Procedure (SOP) to be implemented w.e.f. 4 : 00 AM of 30.06.2021 till midnight of 15.07.2021. The specific restric