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A division bench of justices Shaji P Chaly and M R Anitha gave the direction while considering a PIL by a lawyer seeking direction to facilitate the journey of people stranded at Walayar check-post on May 9, which is an entry point provided by the state government for those outside the state during the lockdown.
“Immediate attention and preference shall be given to pregnant women, aged senior citizens and children. It is also made clear that others shall also be issued with the passes at the earliest avoiding unnecessary delay since they are stranded from May 09, 2020, onwards,” it said in an interim order.
The case put forth by the petitioner was that even though the people traveling have secured passes from Karnataka and Tamil Nadu, they could not obtain it from the Kerala government online since the platform offered by it was not properly functional.
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In its order, the bench, however, made it clear that the directions were issued taking into account the special circumstances, and “this order cannot be treated as a precedent for any future purposes.”
The court also said the directions were not intended to water down the orders and guidelines issued by the appropriate governments.
It admitted the contentions made by the Additional Advocate General representing the government that if restrictions and any periodical advisory issued by the Centre were not adhered to strictly, the containment of the pandemic would be impossible.
“We find much force in the contention so advanced since they are issued in the best interest of the larger general public and the nation as such,” the court said.