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Gauhati High Court stays notification issued by Arunachal Pradesh, saying it ‘discriminates’ between people vaccinated against Covid-19, non-vaccinated ones

The clause allowing temporary permits to be issued for developmental works in both public and private sector to only those persons who are vaccinated against Covid-19, interferes with the rights of the citizens provided under Article 19 (1) (d) of the Constitution of India to move freely throughout the territory of India, said the petition.

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The Gauhati High Court has stayed a notification passed by the State of Arunachal Pradesh, stating that it “discriminated between Covid-19 vaccinated persons and Covid-19 unvaccinated persons’ for issuance of temporary permits for development works in both public and private sectors”.

“Clause 11 of the Order dated June 30, 2021 in so far it makes a classification of persons who are Covid-19 vaccinated and persons who are Covid-19 unvaccinated for the purpose of issuance of temporary permits for developmental works in both public and private sector in the State of Arunachal Pradesh violates Articles 14, 19 (1) (d) & 21 of the Constitution of India calling for an interim order in the case,” the Single-Judge Itanagar Bench of Justice Nani Tagia observed on Monday.

If the sole object of issuing the Order is for containment of the Covid-19 pandemic and its further spread in the State of Arunachal Pradesh, the classification sought to be made between vaccinated and unvaccinated persons for Covid-19 virus for the purpose of issuing temporary permits for developmental works in both public and private sector, vide Clause 11 thereof, prima facie, appears to be a classification not founded on intelligible differentia nor it is found to have a rational relation/nexus to the object sought to be achieved by such classification, namely, containment and further spread of COVID-19 pandemic, noted the Bench, while issuing notice in the PIL.

Also Read: Delhi HC to hear plea of 84-year-old woman on door-to-door Covid-19 vaccination drive

The plea said, “The clause allowing temporary permits to be issued for developmental works in both public and private sector to only those persons who are vaccinated against Covid-19, interferes with the rights of the citizens provided under Article 19 (1) (d) of the Constitution of India to move freely throughout the territory of India.”

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