Gujarat High Court Grants Bail to 33 Migrant Workers, Instates Them as ‘Victims’ and Not ‘Criminals’

Must Read

SC: Under-21 Convicts Can Be Given Less Than Minimum Sentence, Resorts To Probation of Offenders Act

The Supreme Court resorted to the Probation of Offenders Act to sidestep the mandate under Section 397 of the Indian Penal Code that mentions a sentence of not less than 7 years to those convicted of armed robbery, to give a chance to two young convicts to reform their lives.

Environment Protection Act Passed at the Instance of Foreign Powers: NHAI in Karnataka HC

The National Highways Authority of India (NHAI) claimed in a submission that the Environment Protection Act 1986 was passed not only for the protection of the environment by the parliament but also at the instance of foreign powers. This statement was made while referring to a UN conference and got the NHAI into great trouble in the Karnataka High Court.

Delhi High Court To Implement a Hybrid System Through Virtual and Physical Hearing

On Friday the Delhi High Court said that they have initiated steps to implement a mode wherein hearing can be done by virtual as well as physical mode. The Delhi High Court is aiming to implement the Hybrid mode. It stated that when the particular bench is conducting a virtual hearing the lawyer may opt for this mode after giving prior intimation about the same.

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition...

Follow us

The Gujarat HC granted bail to the 33 migrant workers arrested on 18.05.2020. The decision comes in the light of several atrocities taking place against migrant workers during the COVID- 19 pandemic.

Brief Facts of the Case 

The applicants were migrant labourers at a construction site in Ahmedabad, Gujarat. Out of 33, 32 belonged to the state of Jharkhand and 1 to West Bengal.

The Central Government announced nationwide lockdown from March 2020. However, this left the applicants without any livelihood. 

On 18.05.2020, the workers gathered at the construction site. This was near the New IIM Building at Vastrapur, Ahmedabad. They started demanding food and wages. They also wanted to be sent back to their respective native places.

Soon, a scuffle erupted as the policemen dispersed the crowd. Thereafter, the police detained several migrant workers.

The police charged the migrants under various sections of the Indian Penal Code. They also applied Section 135(1) of the Gujarat Police Act, Section 3 of the Epidemic Act, Section 51(b) of the Disaster Management Act and Section 3(1) and 3(2)(e) of the Prevention of Damage to Public Property Act.

Advocate Nirav Mishra represented the applicants in the present matter. 

Procedural History

The pandemic comes as a surprise to the entire world. The sudden imposition of lockdown has created challenging circumstances for all. 

However, the situation has made a more gruesome impact on the daily wage earners. Moreover, the daily wage workers who have migrated from the native places have to face the wrath of the pandemic. With no food and money, the victims may have resorted to unlawful activities.

The Supreme Court has time and again passed directives during the lockdown period. On 26.05.2020, the Apex Court took suo moto cognizance of the pathetic condition of migrant labourers. 

On 09.06.2020, the Supreme Court directed all State Governments and Union Territories to identify and transport stranded migrants to their natives within 15 days.

The Apex Court also ordered retraction of criminal cases against the migrants. They are currently booked for lockdown violations under the Disaster Management Act. This was as they attempted to walk to their villages and formed crowds in public places.

Further, on 19.06.2020, the Supreme Court mandated the directions earlier passed on 09.06.2020. This was for the transportation of the workers to their hometowns within 15 days.

On 12.05.2020, the Gujarat High Court took notice of the stranded migrants. It reminded the State authorities of its paramount duties, which was to ensure dignified living of its citizens. This treatment that the migrants are facing is against Article 21 of the Constitution of India.

The High Court also noted the sufferings and desperation of the migrants. They are the most downtrodden, underprivileged and weaker section of the society. It asserted that they are not afraid of COVID-19 but definitely afraid of death due to starvation.

In light of the above directions and orders, the Court has decided on the present matter.

Court’s Observation

The Court has observed the circumstances of the applicants. They had no means of livelihood. As a result, this had rendered them without any food for days. 

The court asserted

“In the lockdown, when the applicants were without any work, without any money and even without any food and under such circumstances, instead of arranging of their going back home, they are sent to jail. The Applicants are more the victims, certainly not the criminals.”

Court’s Decisions

Justice Paresh Upadhyay pronounced the judgement.

The Court has granted bail to all the 33 migrant workers under Section 439 of IPC. As a result, the applicants are to furnish personal bonds of Rs. 500 each. 


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

SC: Under-21 Convicts Can Be Given Less Than Minimum Sentence, Resorts To Probation of Offenders Act

The Supreme Court resorted to the Probation of Offenders Act to sidestep the mandate under Section 397 of the Indian Penal Code that mentions a sentence of not less than 7 years to those convicted of armed robbery, to give a chance to two young convicts to reform their lives.

Environment Protection Act Passed at the Instance of Foreign Powers: NHAI in Karnataka HC

The National Highways Authority of India (NHAI) claimed in a submission that the Environment Protection Act 1986 was passed not only for the protection of the environment by the parliament but also at the instance of foreign powers. This statement was made while referring to a UN conference and got the NHAI into great trouble in the Karnataka High Court.

Delhi High Court To Implement a Hybrid System Through Virtual and Physical Hearing

On Friday the Delhi High Court said that they have initiated steps to implement a mode wherein hearing can be done by virtual as well as physical mode. The Delhi High Court is aiming to implement the Hybrid mode. It stated that when the particular bench is conducting a virtual hearing the lawyer may opt for this mode after giving prior intimation about the same.

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition sought a speedy decision in...

[Delhi Riots] When the IT Ministry Calls Us, We Will Go Says Harish Salve To Delhi High Court

The Vice President and Managing Director of Facebook, Ajit Mohan told the Supreme Court that when the representatives of the company are called by the Information Technology Ministry they will come and record their statements.

Allahabad High Court Seeks Response on Compensation of Cutting Trees From National Highways Authority of India (Nhai) 

The Order had come in the form of a Public Interest Litigation (PIL) filed by a bunch of law students in Uttar Pradesh. The...

Doctrine of Proportionality Must Adhere to Reasonableness Principal Test: Madras High Court

Young Men's Christian Association built a commercial complex and leased it without having due permission. The District Collector & Tahsildar issued a show-cause notice...

Delhi High Court Refuses To Stay Release of ‘The White Tiger’ on the OTT Platform Netflix

A plea requesting a stay on the release of the film ‘The White Tiger’ by the American producer, John Hart Jr. alleging copyright violation was rejected by the Delhi High Court on Thursday.

More Articles Like This

- Advertisement -