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SC asks Indians stuck abroad to stay safe, await airspace opening
Dhananjay Mahapatra | TNN | Apr 13, 2020, 23:16 IST
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NEW DELHI: The
Supreme Court on Monday declined to direct the Union government to evacuate Indians –
students, pilgrims. fisherman and other professionals – stuck in UK, US, France, Iran and other
countries and advised them to “stay put safely wherever they are”.
The
SC‘s remark came after solicitor general Tushar Mehta explained that at this point of time, it would not be possible for the government to open airspace for landing of aircraft from foreign countries. He said some of the countries, where Indian nationals and students and other professionals have been stuck, have reported high incidences of Covid-19. “Travel back of such passengers to different regions of India poses grave risk to the country with a population of 1.3 billion,” he said.
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Mehta said, “A very large Indian community stays abroad (13 million), including NRIs and Indian students. In the UK alone there are about four lakh Indian nationals, including about 50,000 students. It is true that the government initially undertook some evacuation operations of Indian nationals from China, Japan, Iran and Italy when the situation of Covid-19 in India was not so grim.
“Many of the persons evacuated from these countries were then brought and subjected to quarantine in India. However, given the present situation of the pandemic outbreak in India and the available limited resources, it is not feasible to selectively evacuate Indian citizens from abroad when a large number of them from a number of countries want to return back due to various reasons, He said.
The government has decided to minimise the severe risk posed by arrivals from countries affected by COVID-19. The decision to advise Indian nationals to stay put where they are is in line with government’s approach to contain the further spread of the virus within India and when health machinery is focusing on effective domestic containment.
A bench headed by
CJI S A Bobde through videoconferencing heard a large number of petitions with counsel requesting for opening up of airspace to allow Indians stuck abroad to come back on payment of the cost of the flight ticket. But the bench refused saying that it would breach the government’s complete lockdown policy, including closing of airspace for civilian traffic.
Indian businessman Kamal Vijayvargia, who in 2008 played guardian to ‘Baby Manjhi’ who had landed in a row after being born to an Indian surrogate mother, requested the SC for permission to come to India in a chartered aircraft from Tokyo. He said he was stuck on Tokyo since March 21. He said that he was staying with a local, one of whose family members have tested positive an that he feared that forced extension of his stay could endanger his life with Covid-19 disease.
Appearing for a petitioner who wanted her son and similarly placed students In UK to be brought back, advocate Sunil Fernandes said that India is the only country which was refusing to allow its citizens stuck abroad to get back home. The bench asked, “there is a huge expatriate Indian population all over the world. How could all be brought back home when there is a lockdown and travel ban in force.”
SG said the Indian High commission in UK is working with organisations, community support groups and individuals across UK so that stranded Indian citizens could be reached and assisted as far as possible. It has activated two helplines for Indian students, most of whom are staying in their institution provided accommodations.
Fernandes asked even if there is a national emergency, can the fundamental right to be in one’s own country be suspended? He said there is more chance of the Indian students contracting Covid-19 disease in UK than in India. “All those who are to be brought back could be kept in quarantine homes and should be allowed to go home after proper screening,” he said. But, the SC was not ready to give any relief to the petitioners at this stage and adjourned hearing by four weeks.
