CASE BRIEF
PETITIONER-
SHAMEER.P.S, AGED 30 YEARS
Respondents-
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, and NORTH BLOCK, NEW DELHI-110001.
2. THE SECRETARY, MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY, ELECTRONICS NIKETAN, 6, CGO COMPLEX, LODHI ROAD, NEW DELHI-110003.
3. NATIONAL INFORMATICS CENTRE REPRESENTED BY ITS DIRECTOR GENERAL, A-BLOCK, LODHI ROAD, CGO COMPLEX, PRAGATI VIHAR, NEW DELHI-110003.
4. STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL CHIEF
SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
5. THE STATE POLICE CHIEF, POLICE HEAD QUARTERS,
VAZHUTHACAUD P O, THIRUVANANTHAPURAM-695010.
R1-3 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF IN SRI.JAYASANKAR V. NAIR SR GP SRI.SURIN GEORGE IPE FOR R4 AND R5
DECIDED ON- 25th June, 2020
Statues Referred-
- Indian constitution – Article 19(1)(a), Article 19(1)(g) Article 14, Article 21
Facts:-
1. To pronounce that condition 15 of Annexure I Guidelines gave alongside Ext.P1 as Order No.40-3/2020-DM-I(A) of the 1 st respondent dated 01/05/2020 to utilize Arogya Setu Application mandatorily by workers of public and private associations is illegal and violative of central right to security revered under Article 19(1)(a) and Article 21 of the Constitution of India;
2. To announce that statement 15 of Annexure – I Guidelines gave alongside Ext.P1 as Order No.40-3/2020-DM-I(A) of the 1 st respondent dated 01/05/2020 to utilize Arogya Setu Application obligatorily by representatives of public and private associations is illegal and violative of principal right to balance revered under Article 14 and option to continue any exchange or calling under Article 19(1)(g) of the Constitution of India;
3. To give a request suppress condition 15 of Annexure I Guidelines gave alongside Ext.P1 as request No.40-3/2020-DM-I(A) of the 1 st respondent dated 01/05/2020 to the degree of utilizing Arogya Setu Application necessarily by workers;
4. To give a request or course as broad rules to check the infringement of right to security and to fix the boundaries inside which the 1 st respondent uses individual information for contact following;
5. To give a writ of mandamus or request or bearing to 1 st respondent to not command utilization of Arogya Setu Application necessarily for workers of public and private associations;
6. To give a writ of mandamus or request or heading to order the 1 st respondent to go ahead with information assortment through Arogya Setu Application simply subsequent to guaranteeing information classification of a person;
7. To announce that the ‘working environment’ as expressed in statement 15 of Annexure I in Ext.P1 incorporates just places with mechanical, assembling or exchange measure and where there is routineness of work and laborers;
8. To direct the fifth respondent that any indictment steps taken as per Ext.P1 rules for infringement of condition 15 of Annexure – I be dropped.”
Judgment:
On this day, when the issue came okay with hearing, learned Central Government Counsel showing up for the main respondent/Union of India presented that according to the reconsidered Standard Operating Procedures (SOPs), establishment of the application isn’t required for the workers of public and private associations.
Coming up next are the rules given by the Government of India vide request No.40-3/2020-DM-I (A) dated 30th May, 2020 identifying with the utilization of Aarogya Setu
1.Aarogya Setu empowers early distinguishing proof of expected danger of contamination, and along these lines goes about as a shield for people and the network.
2. With a view to guaranteeing wellbeing in workplaces and work places, businesses on best exertion premise ought to guarantee that Aarogya Setu is introduced by all representatives having viable cell phones.
3. District specialists may encourage people to introduce the Aarogya Setu application on viable cell phones and consistently update their wellbeing status on the application. This will encourage convenient arrangement of clinical consideration regarding those people who are in danger
Conclusion:- As closing this case in the perspective on the above decisions supplications looked for in the writ request don’t endure. Setting on record the equivalent, writ appeal is excused as infructuous.