Dheeraj Kumar And Ors vs Union Of India And Ors

Dr. Ravi Ranjan, CJ

These applications have been heard through video conferencing with the consent of the parties. No complaint has been made by counsels for the parties regarding the visual/audio connectivity. Both the writ petitions are being disposed of by this common order.

In WP(PIL) No.1324 of 2020 relief has been sought for issuance of a direction upon the respondents especially respondent no.2 i.e. the Home Secretary, Ministry of Home Affairs, Government of India, new Delhi, to take immediate decision upon the request of the State of Jharkhand for getting back the children who are studying/preparing for different competitive examinations at Kota within the State of Rajasthan whereas in WP(PIL) No.1326 of 2020 relief has been sought for issuance of a direction upon the respondents to take cognizance of the plight of migrant workers/labourers of the State of Jharkhand staying in various States across the country and to take initiative to bring back the desirous labourers to their native places in the State of Jharkhand as they are in acute financial/psychological/ social stress because of the present pandemic.

In course of argument, Mr. Rajiv Sinha learned A.S.G.I. appearing for the Union of India has submitted that the request made by the State of Jharkhand to bring back the migrant workers staying in different States of the country and the students studying in different areas across the country, including Kota within the State of Rajasthan, has already been acceded to and by a policy decision of the Ministry of Home Affairs, due permission has been granted to bring such migrant labourers who are desirous to come back to their native places in the State of Jharkhand as also the students of the State of Jharkhand who are in different places across the country, including Kota in the State of Rajasthan have been decided to be sent back for which due arrangements have also been made for their travelling through train.

Mr. Rajiv Ranjan learned Advocate General for the State of Jharkhand has submitted that in pursuance of such policy decision of the Ministry of Home Affairs, Government of India, as has been referred by learned A.S.G.I. appearing for the Union of India, the migrant labourers working in different parts of the country as also the children studying at Kota and other places across the country are now returning. According to him, several migrant workers as also the children have already returned through train. He has further submitted that special measures have been taken and necessary arrangements have been made for their return adhering to standard protocol. Submission has been made on behalf of the State of Jharkhand that In that view of the matter, both the writ petitions have now become infructuous.

Mr. Dheeraj Kumar petitioner in person in WP(PIL) No. 1324 of 2020 has submitted that the writ petition may be disposed of in terms of the aforesaid submission made by learned counsel appearing for the State of Jharkhand and the Union of India.

Mr. Prashant Pallav petitioner in person in WP(PIL) No. 1326 of 2020 has submitted that the writ petition may be disposed of rendering it infructuous but the standard operating protocol may be directed to be uploaded in the Website.

Learned Advocate General has submitted with all fairness that such protocol shall be uploaded forthwith in the Website.

Thus, on the basis of the submissions made on behalf of the parties, both the writ petitions stand disposed of.