Delhi HC disposes plea challenging sealing of borders but directs GNCTD to highlight order allowing access in medical emergency

NEW DELHI: The high court on Thursday disposed of a plea challenging the sealing of the borders of national capital for a week while directing government to highlight the order whereby citizens can avail of e-pass in case of medical emergency to enter Delhi.
A division bench of chief justice DN Patel and Justice Prateek Jalan disposed of the petition filed by advocate Kushagra Kumar.
The court also took note of the consequential order dated June 1, wherein it has been clearly stated in para 6 that in case of a medical emergency, any person can apply for an e-pass and avail of the same to enter Delhi. The court has also directed the Government of National Capital Territory of Delhi (GNCTD) to upload this order of June 1 on the government websites in a prominent manner and have it highlighted and blinking for easy access to citizens by today itself.
HP Sharma, Senior Advocate who appeared on behalf of the petitioner Kumar, argued that non-residents of Delhi are not allowed to avail medical facilities in centrally-funded hospitals in Delhi because of the unpublished order passed by the Delhi Government sealing the borders of Delhi.
Appearing for Delhi government, advocate Sanjoy Ghose and lawyer Urvi Mohan, submitted that the present petition was in the nature of a publicity interest litigation and had been filed without any homework or fact-checking by the petitioner.
The petition filed by Kushagra Kumar against the sealing of the borders of Delhi said that the order of Delhi government is an illogical, irrational, unreasonable and unconstitutional order. Advocate Kumar said that this order is violative of Article 14, 19 and 21 of the Constitution.
"Delhi, being the national capital of the country, the centrally funded hospitals like AIIMS etc are in Delhi. By sealing the borders, the Delhi government is taking away the rights of those working in Delhi and staying in the National Capital Region (NCR) like Noida and Gurugram to avail the health facilities of Delhi. In addition, the citizens in other states like Uttar Pradesh and Haryana are also denied the basic right to access the central hospitals in Delhi," the petition said.
The petitioner said that "in India, we do not have dual citizenship. Everyone is a citizen of this country and everyone has the right to reside in any place and avail the medical facilities in any place(s) which she/he can afford. It is unconstitutional to deny the citizens of this country working in Delhi and staying in NCR and citizens residing in any other states the right to treatment," the petitioner added.
According to the petitioner, the order of the Delhi government is inhuman and illegal.
"Instead of creating medical infrastructure and working to ensure medical facilities, it is sealing the borders and thereby stopping people to avail medical facilities in Central hospitals in Delhi," the petitioner said.