On Thursday, the Orissa High Court, in a brief but significant order , directed the Odisha state government to ensure that “all the migrant...
On Thursday, the Orissa High Court, in a brief but significant order, directed the Odisha state government to ensure that “all the migrants in queue to come to Odisha should be tested negative of Covid-19 before boarding the conveyance.” On Friday, the Supreme Court stayed this order, holding that the High Court did not take into account relevant guidelines notified by the government of India. The high court order raises critical questions on the role of judiciary in fighting the unprecedented crisis.
What the order said
A couple of things to note about the order. The court did not spell out any specific reasons that form the basis of the order. The order did not fix any responsibility on who has to test the migrants. It did not direct the Odisha government to test the migrants once they enter the state. It simply directed the government not to let a person board any conveyance to Odisha unless they have tested negative.
It is obvious that the court could not have imposed an obligation to test on the host states. It is also obvious that it is beyond the direct control of the Odisha government to ensure that all migrants from the state are tested in the host states where they...
