JUDGMENT : Manoj K. Tiwari, J. Registry has raised the following two objections in this writ petition:- (i) Copy not served upon the respondents. (ii) Court Fees required. 2. There are only two respondents in this writ petition. Learned Assistant Solicitor General appearing for respondent no. 1 submits that copy of the writ petition alongwith its annexures has been served upon him. Similar statement has been made by learned Additional C.S.C. appearing for respondent no. 2. Since both the respondents are duly served through their respective counsels, therefore, the first objection raised by the Registry is overlooked. Regarding court fee, petitioner has made an application seeking exemption from immediate remittance of court fee and it has been stated that petitioner undertakes to supply necessary court fee within three days of lifting of nationwide lockdown. 3. Ms. Snigdha Tiwari, learned counsel appearing for the petitioner also gives an undertaking on behalf of her client that she will positively supply the requisite court fee within three days of lifting of the lockdown, even if the writ petition is finally disposed of today. 4. For the reasons stated in the exemption application, the same is allowed. Accordingly, the writ petition is heard on merit. 5. Heard Ms. Snigdha Tiwari, learned counsel for the petitioner, Mr. Rakesh Thapliyal, learned Assistant Solicitor General for Union of India and Mr. C.S. Rawat, Additional C.S.C. for State of Uttarakhand. 6. Prayer no. (i) made in the writ petition cannot be granted as no direction can be issued to the Central Government to expedite repatriation of the Nepali citizens through diplomatic channels, as issuance of such a direction would amount to encroachment in the field reserved for the Union Government. Even otherwise also, petitioner himself admits that, in view of the pandemic caused by Covid-19 virus, Nepal Government has also declared a nationwide lockdown and no-one is permitted to cross Nepal border. 7. Prayer no. (ii) sought in the writ petition also cannot be granted for the following reasons: (a) There is no factual foundation in the writ petition to suggest that any foreign national has slipped into the territory of State of Uttarakhand. (b) The agencies responsible for securing Indo-Nepal border cannot be asked to perform their duty, which they are expected to perform at all times. Issuance of such direction will be an exercise in futility. 8. Prayer no.
(b) The agencies responsible for securing Indo-Nepal border cannot be asked to perform their duty, which they are expected to perform at all times. Issuance of such direction will be an exercise in futility. 8. Prayer no. (iii) sought in the writ petition is misconceived. It is common knowledge that large number of Nepali citizens have permanently settled in various parts of India, including State of Uttarakhand, many of whom have no intention to go back to Nepal. Only such Nepali citizens, who are desperate to go back to their home country and are stuck in the shelter homes established by Government of Uttarakhand in the bordering districts, can be said to be stranded. Therefore, no useful purpose would be served in gathering information regarding all Nepali citizens residing in various parts of State of Uttarakhand. Even otherwise also, it would not be feasible in these difficult times to locate each and every Nepali citizen living in State of Uttarakhand and to gather information about him. 9. This Court is not oblivious of the fact that Article 21 of Indian Constitution, which guarantees right to life and personal liberty, is available to non-citizens also. Therefore, the respondents are under a constitutional obligation to provide the minimum requirements to the Nepali citizens stranded in State of Uttarakhand in relation to shelter, food, drinking water, essential provisions and healthcare etc. 10. The Disaster Management Act, 2005 in Section 12 (i) provides for guidelines to be issued by the National Authority for the minimum standard of relief to be provided to persons affected by disaster. Section 12 (i) of the said Act is extracted below: “12. Guidelines for minimum standards of relief.— The National Authority shall recommend guidelines for the minimum standards of relief to be provided to persons affected by disaster, which shall include,— (i) the minimum requirements to be provided in the relief camps in relation to shelter, food, drinking water, medical cover and sanitation;” 11. Chapter III of the Disaster Management Act, 2005 deals with State Disaster Management Authority. Powers and functions of State Executive Committee, in the event of threatening disaster situation, have been enumerated in Section 24 of the said Act. Section 24 (d) of the said Act is reproduced below: “24.
Chapter III of the Disaster Management Act, 2005 deals with State Disaster Management Authority. Powers and functions of State Executive Committee, in the event of threatening disaster situation, have been enumerated in Section 24 of the said Act. Section 24 (d) of the said Act is reproduced below: “24. Powers and functions of State Executive Committee in the event of threatening disaster situation.— For the purpose of, assisting and protecting the community affected by disaster or providing relief to such community or, preventing or combating disruption or dealing with the effects of any threatening disaster situation, the State Executive Committee may— (a) ….. (b) ….. (c) ….. (d) provide shelter, food, drinking water, essential provisions, healthcare and services in accordance with the standards laid down by the National Authority and State Authority;” 12. In the backdrop of the aforesaid legal position, we enquired learned Additional C.S.C. regarding the steps taken by the State Government to protect the life and liberty of the Nepali citizens stranded in State of Uttarakhand due to lockdown declared by India as well as Nepal Government. 13. In response, learned Additional C.S.C. made a statement that Uttarakhand Government has established makeshift shelter homes for housing the Nepali citizens in District Pithoragarh and District Champawat. He informed us that, at present, as many as 1473 Nepali citizens have been housed in shelter homes established in District Pithoragarh. He further informed us that as many as 237 Nepali citizens are housed in shelter homes in District Champawat. He further informed us that Nepali citizens residing in these shelter homes are being given breakfast, lunch, dinner, tea and they are also provided with other items of daily need viz. toothpaste, toothbrush, hair oil etc. He further submitted that these Nepali citizens are also being provided with newspaper, magazines besides television facility for their entertainment. He further submits that services of Yoga Instructors have also been provided in these shelter homes to take care of physical and mental health well being of the persons staying there. He further submits that literacy camp is also being organized in the shelter homes in District Champawat to help the illiterate Nepali citizens getting literate. 14. We express our satisfaction with the steps taken by Government of Uttarakhand to honour the basic human rights of the Nepali citizens staying in shelter homes established by Government of Uttarakhand. 15.
He further submits that literacy camp is also being organized in the shelter homes in District Champawat to help the illiterate Nepali citizens getting literate. 14. We express our satisfaction with the steps taken by Government of Uttarakhand to honour the basic human rights of the Nepali citizens staying in shelter homes established by Government of Uttarakhand. 15. We have been informed that National Authority has issued guidelines under Section 12 of the Disaster Management Act, 2005, which takes care of all the needs of the persons stranded in shelter homes due to nationwide lockdown. The State Authority and the State Executive Committee are required to implement the guidelines issued by the National Authority. The State Authority and the State Executive Committee are directed to ensure that the guidelines issued by the National Authority are implemented in its letter and spirit in respect of Nepali citizens staying in the shelter homes within State of Uttarakhand. 16. With the aforesaid direction, the writ petition is disposed of.