Recently a Division bench of the Karnataka High Court observed that the Central or State government could not deny benefits to any person just because they have not installed the Aarogya Setu app on their phone.
Division Bench of Hon’ble Chief Justice Abhay Oka and Hon’ble Justice Ashok S Kinagi has passed the Order.
They sought two main reliefs.
Firstly, citizens should not be denied any service just because they don’t have the Aarogya Setu app.
Secondly, there should not be any data collection from the use of Aarogya Setu app.
Plea said: National Directives for Covid Management has made the use of Arogya Setu app mandatory. It is madatory for all private and public employees.
So it was alleged to be violative of Fundamental Rights guaranteed as per Article 14, Article 19, and Article 21 of the Constitution of India.
Aarogya Setu App Mandatory or Not
Counsel for the Central government requested the Court to grant him more time to file objections in the Court.
In view of the pandemic, the Court granted an extension to the Counsel.
Petitioner Counsel contended that as per the circular issued by the Department of Personnel Training has made the use of the Aarogya Setu app mandatory.
This contention was refuted by the opposite counsel who stated that as per the order of National Executive Committee use of Aarogya Setu app was not mandatory and all the other agencies in the country are bound by order of NEC.
Order of the Court
The Karnataka High Court allowed the respondents to file their objections by 03.11.2020. The next hearing will be on 10.11.2020