Thread by @barandbench

Justice Gopinath P of Kerala HC to begin hearing of another plea challenging the mandatory imposition of #AarogyaSetu app.

Petitioner counsel informs that he has appraised the Division Bench hearing two PILs on the issue that this plea has been listed before the single judge. The DB had adjourned the matter to May 18 after asking the Govt to file a statement on privacy concerns raised.

Adv Santhosh Mathew appearing for petitioners submits that there is a mandatory requirement for all employees to download the app. If there is any failure of the same, the employer will be prosecuted.

@SetuAarogya
#AarogyaSetuApp #KeralaHighCourt

Adv Jaishankar appearing for centre - Number of people who download the @SetuAarogya app should increase. In this way, govt will know the number of persons who are not keeping well as well as to find out if there are any hotspots.

#AarogyaSetuApp #KeralaHighCourt

Justice Gopinath orally observes: I do not intend to stay this.

@SetuAarogya

#AarogyaSetuApp #KeralaHighCourt

Adv Mathew: This (downloading the #AarogyaSetuApp ) should be made voluntary and not obligatory. Not all of my employees have smartphones. Now there is a requirement for all my employees to have smartphones.

@SetuAarogya

#KeralaHighCourt

Adv Mathew - This means that I should buy smartphones for all my employees. That is not practical.

@SetuAarogya
#AarogyaSetuApp #KeralaHighCourt

Adv Mathew - I cannot insist that my employees download the app when they are not even coming to the factory. I am currently working with 50% workforce.

@SetuAarogya
#AarogyaSetu #KeralaHighCourt

This issue is "having a coercive action for the failure of an employee which I (employer) cannot monitor", Adv Santhosh Mathew says.

@SetuAarogya
#AarogyaSetuApp #KeralaHighCourt

Kerala HC observes that the petitioner has raised a valid concern. How do you practically implement this? Justice Gopinath asks Govt counsel.

Central Govt Counsel says: We intend it for the working community. They are under the risk...

#AarogyaSetuApp #keralahighcourt

Justice Gopinath orally observes: How do we implement this? As it was pointed out, we are country of 130 crores

Adv Santhosh points out that in Delhi, people are being forced to download the app.

@SetuAarogya
#AarogyaSetuApp #KeralaHighCourt

Justice Gopinath directs the Central Government to positively obtain instructions and place it on record on May 18.

Central Govt Counsel has told the Court that he will get instructions from the MHA as well.

@SetuAarogya
#AarogyaSetuApp #KeralaHighCourt

How will you practically ensure that all employees download Aarogya Setu App? Kerala HC asks Central Government
#AarogyaSetu @SetuAarogya
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