Petition in the Bombay High Court against de-facto imposition of Aarogya Setu in Passport Seva Kendra

A petition has been filed in the Bombay High Court, challenging the de-facto imposition of Aarogya Setu by officials of Passport Seva Kendra, Mumbai. The petition has been filed an architect based in Mumbai, Ms. Tanya Mahajan who is currently engaged in non-profit sector. Ms. Majahan is represented by counsels from Software Freedom Law Centre, India (SFLC.IN) and Ms. Aditi Saxena, advocate Bombay High Court. 

The petitioner was denied entry by Passport Seva Kendra, Malad for refusing to install Aarogya Setu. The petitioner has contended that Aarogya Setu app is voluntary in nature per MHA guidelines dated 17.05.2020 and subsequent guidelines, and the while the Respondents maintain that Aarogya Setu is voluntary on their website, it has been made mandatory in practice by the respondents. This de-facto imposition of Aarogya Setu is an infringement of Petitioner’s right to privacy and goes against the principles laid down by the Supreme Court in Puttaswamy vs. Union of India.

The plea which was listed for hearing today i.e. 09.12.2020 seeks directions from the court to direct respondents not to deny any service to petitioner for not installing Aarogya Setu, and to allow entry of the Petitioner in the passport seva kendra, Malad without Aarogya Setu installed in her mobile device.

In today’s hearing, the bench issued notice asking respondents to file their reply before the next date i.e. 07.01.2020. No representatives on behalf of the Regional Passport Office appeared today.

You can read the petition and the order here: