Arbitrary, Illegal And Without Application Of Mind: MPs Move Kerala High Court Challenging Denial Of Entry Permit To Lakshadweep

The petitioners were pressed to file the petition after the Administrator and concerned authorities denied their entry to the islands citing the ongoing pandemic and the Covid protocol in place. They will be represented by Advocate P.K Varghese.

They contended that the new Lakshadweep Administration had initiated iniquitous Drafts, Rules, Regulations and Orders detrimental to the interest of the people on the island. It also listed a series of the Administrator's actions, calling them random and ruthless.

The petitioners urged that as members of the Indian Parliament, they have the constitutional duty to understand the issues on the Union Territory. They also put forth that people from Lakshadweep had requested the petitioners to appreciate their concerns and raise them in appropriate forums.

The physical presence of the petitioners was claimed to be necessary to understand their grievances, and to study the manner in which the administration resorted to undemocratic and tyrannous means to suppress the peaceful agitations of the people.

In such circumstances, denial of entry permit to the petitioners was alleged to be 'arbitrary, illegal, without application of mind and against the principles of natural justice', apart from being violative of Art. 19(1)(d) and 21. It was also alleged that such denial was violative of the Laccadive Minicoy and Amindivi Islands Rules.

On similar lines, it was argued that movement of citizens in the country can only be restricted n the interest of the pubic, and that the petitioners intended to visit the islands to protect the interests of the people of the island. Accordingly, the denial of their entry to the Union Territory was alleged to be a violation of Art. 19(5).

According to the petitioners, their entry was deliberately denied since the Administrator wanted to hide and turn the attention away from his suppressive and arbitrary exercise of administrative power in Lakshadweep.

It was also alleged that the Administrator himself had visited the island and returned without any compliance to the Covid protocol including the mandatory quarantine. They contend that he had even interacted with other officials on a meeting during his visit.

The Administrator has clearly acted in an unlawful manner in the said visit. On the other hand, the petitioners have undertaken to abide by the conditions of the Covid protocol during the visit and still were denied entry to the islands.

In addition, the petition cited that the Administration had also allowed a German national to enter the island by issuing an illegal permit, and that he continues to stay on the islands. The petitioner urged that the respondents were hence duty bound to apply the same entry permit rule on everyone.

On the aforementioned grounds, the petition alleged the denial of entry permit to be disrespectful to the democracy and an unjust, unfair, arbitrary and unconstitutional administrative action, and liable to be quashed.

It was prayed that the respondents be directed to issue Entry Permits to the petitioners such that they can visit the islands.

Title: Elamaram Kareem & Ors. v. The Administrator, Union Territory of Lakshadweep