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"Issue Show Cause Notice To Centre, States On Non-Compliance Of Court's Earlier Directions On Migrant Issues": Petitioner Moves SC

Sanya Talwar
26 May 2020 4:47 PM GMT
"Issue Show Cause Notice To Centre, States On Non-Compliance Of Court
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A fresh PIL has been filed before the Supreme Court seeking issuance of directions to the Central Government for complying with the March 31 order.

The plea has been filed by Alakh Alok Srivastava, highlighting the order passed in his original plea which directed authorities and police across State lines to take necessary steps ensuring welfare activities for migrant workers.

Further, the plea contends that the Apex Court had passed another order on April 27 wherein the submission of Solicitor General for taking necessary action was taken on record.

The Petitioner mainly seeks the following Prayers;

Issue Show Cause Notice to the Respondent Union of India and also to every State Government of India as to why the directions issued by this Hon'ble Court in the Orders dated 31.03.2020 and 27.04.2020 in the captioned PIL bearing WP (C) No.468/2020, were not complied in its letter and spirit, which resulted into deaths, injuries, starvation and miseries of the stranded migrant labourers;

Issue appropriate Writ, Order or Direction to the Respondent Union of India and every State Government of India to comply with the Orders dated 31.03.2020 and 27.04.2020 passed by this Hon'ble Court, in the captioned PIL bearing WP (C) No.468/2020, in its letter and spirit;

In light of the above, petitioner contends that his "critical suggestions" of issuing directions to District Magistrates to "identify stranded/walking migrant labourers in their respective area was not properly examined".

Moreover, neither was appropriate action taken by the Union of India to take them to relief camps which ultimately led to many deaths due to injury and starvation, states Srivastava.

It is stated that the instant plea has been preferred due to various instances of non-compliance of the aforementioned orders by the Respondent(s), i.e. Government of India and State Government.

"....the humble Petitioner has preferred the instant Application seeking a direction from this Hon'ble Court to the Respondent Union of India and to the every State Government to ensure strict compliance of the aforesaid Orders dated 31.03.2020 and 27.04.2020 in the captioned WP (C) No.468/2020, in its letter and spirit, as there are multiple instances of non-compliance of the said Orders.." - Excerpt of Plea

The petitioner also emphasises on the pro-activeness of the High Courts across the country in allaying the miseries of migrant workers. In doing so, orders passed by High Courts of Gujarat, Madras, Andhra Pradesh have been averred.

The petitioner has also averred the suo motu cognisance taken by the Supreme Court on Tuesday wherein the Court took note of the crisis of migrants "continuing even today", thereby observing that basic necessities and transport must be provided to them.

Further to this, plea contends that even though the Central Government had submitted two detailed status reports before the top court earlier, detailing various measures already taken to combat COVID-19 and to be taken in the future, it is pertinent for the Top Court to monitor these steps.

Additionally, the petitioner seeks issuance of show cause notice to all State Governments and Central Government as to why directions issued by the Top Court in its earlier order were not complied in its letter and spirit, "which resulted into deaths, injuries, starvation and miseries of the stranded migrant labourers".

Click Here To Download Petition

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