Thread by @utkarsh_aanand

#SupremeCourt hearing of the suo motu matter on #MigrantWorkers commences.

Sr adv Kapil Sibal, Indira Jaising, Sanjay Parikh, Anand Grover and Colin Gonsalves appear for Medha Patkar and as intervenes in the matter.

SG Tushar Mehta represents the Central Govt.

Indira Jaising and Colin Gonsalves press for certain directions today itself, citing 'urgency' of the matter.

#SupremeCourt asks them not to speak simultaneously. "If all of you speak at the same time, we won't understand anything."

#MigrantWorkers

SG: We are immensely grateful that this court has taken cognisance. Centre and states are willing to show all steps taken. Some isolated incidents have taken place but they are shown repeatedly. We have filed a preliminary report on steps taken.

#MigrantWorkers

Court: No doubt the governments have taken steps but those persons are not getting the benefits from the state governments.

SG Tushar Mehta explains how and why the movement of #MigrantWorkers was allowed after two phases of the #lockdown.

At an average of 3.36 lakh migrants per day, a total of 91 lakh #MigrantWorkers have been moved to their home states by trains and road between May 1 and May 27, SG submits in the court.

#SupremeCourt seeks a clarity on who is paying for the train journeys.

SG: Originating state or receiving state & in some cases, fares are reimbursed.

Tushar Mehta is now explaining how #MigrantWorkers travel through train, who provides meals etc.

Either the originating state or the receiving state just pay for the train fares but migrants won't be charges, SG Tushar Mehta tells #SupremeCourt.

He adds #Bihar and #UttarPradesh account for more than 80% of the migrants.

#MigrantWorkers
#MigrantLabourers

Tushar Mehta gives example of #UttarPradesh where #MigrantWorkers are given Rs 1000 after the quarantine period.

"This has worked well. People quarantine voluntarily and during this period their food, water, medics needs are taken care of by states," he adds.

Bench tells the SG the problem is about #MigrantWorkers made to wait for week even after their register and thus their food.

As SG submits they cannot compromise with the essential goods train, #SupremeCourt asks why can't everyone be given food at a time when FCI has surplus.

SC: "With food surpluses available with FCI, why should there be a food shortage? We accept it's not possible to transport everyone at the same time but food & shelter must be given till they can get transport."

#MigrantWorkers

Some concrete steps need to be taken, given the number of migrants, #SupremeCourt tells Centre

Food and shelter must be ensure for them: SC.

SG Tushar Mehta says a lot has been done but estimates will have to come from states. He adds anxiety & instigation compounded the issue.

SG: #MigrantWorkers are given 5kg grains and 1 Kg pulses.

#SupremeCourt: They have already started walking, they are on road, where is the food grain?

SG: They aren't on road. Whenever a state finds them, they are given shelter & transport.

#SupremeCourt seeks to know from Centre if there is a mechanism to let a #MigrantWorker know how long it will take for him to get a transport. "A week or 10 days, how does one know?"

SG Tushar Mehta replies this information will have to come from the states.

#MigrantLabourers

#SupremeCourt seeks clarity from SG on:

* A policy that a state can't reject migrants from entering

* Who pays the fare and its knowledge to a migrant that he or she doesn't have to pay for it nor can he be exploited by a middleman

* Mechanism to let a migrant know when he or she will get a transport instead of waiting indefinitely without any information

* Food and shelter till they go back

#SupremeCourt emphasises these aspects must be clarified.

#MigrantWorkers

#MigrantWorkers

SG Tushar Mehta says #SupremeCourt should wait for reports from states to get a clear picture.

He adds he has complaints too about 'prophets of doom' who only spread negativity & don't have either the courtesy to the nation or the patriotism to acknowledge what's being done.

SG: Those who come before your Lordships, let them establish their credentials. They earn in crore. Have they spent a penny? People are feeding people on the streets but has any one of these 'critiques' also come out of their air conditioned drawing rooms to help?

SG Tushar Mehta: For these people, Lordships are neutral only when you abuse the executive. If a handful of people want to control the institution, it will become another ADM, Jabalpir moment. Ask these people to file affidavits what they have done at the time of such crises.

SG Tushar Mehta: People are working tirelessly, from safai karamcharis to the PM. Hut what have these 'interveners' done apart from writing on social media, penning articles, giving interviews.

"Don't let this court become a political platform for a few people," Mehta tells SC.

States submit that the #SupremeCourt should give them some time to explain about rail fares, quarantine & other steps taken by them.

Kapil Sibal seeks to argue but SG Tushar Mehta objects. He submits let the court first get reports from states.

SG: Why he should be heard? What's his contribution?

Kapil Sibal: Rs 4 Crore, if you ask me what's my contribution. But that apart, this is a humanitarian issue. Please don't make it personal. I appear for two organisations. I am not here for any political purpose.

#SupremeCourt observes it can't let any organisation argue at this stage or it will become unending.

Sibal, however, points out about compliance with the Disaster Management Act that prescribes a national plan by the NDMA. There is no such plan here.

Sibal: Under the national plan, guidelines for minimum standards of relief for food, water, shelter etc are to be made. Where is the national plan? Why all responsibilities have been shifted to the states without prescribing a national plan? Why trains are ruining at 3% capacity?

Maharashtra govt lawyer appears on screen, #SupremeCourt asks him to explain the situation in his state.

"How many people are waiting to go home?Are you providing them food or not? The most affected state is Maharashtra."

#MigrantWorkers

Sr adv Indira Jaising seeks to be heard, rues everyone has been heard on this matter but for #MigrantWorkers. She complains trains are running at 3% capacity while there are almost 4 Cr #MigrantWorkers.

SG retorts #MigrantWorkers are instigated to leave even they don't want to.

Sr adv Colin Gonsalves appears for a #MigrantLabourers organisation. He says his suggestions are there in the intervention application.

Gonsalves claims at the present rate, it will take between 6-8 months before all #MigrantWorkers are home, asks for food & water immediately.

Abhishek Manu Singhvi appears for #Congress spokesperson @rssurjewala in the migrants case.

Centre opposes this, saying it is an attempt to politicise.

SC asks Singhvi isn't his party ruling in many states?

SC says it can only hear some suggestion but nothing beyond it.

#SupremeCourt starts dictating its order in the #MigrantWorkers case, records submissions made by SG Tushar Mehta and all other lawyers for the states about steps being taken.

It also takes note of submissions made by Kapil Sibal, Indira Jaising, AM Singhvi, Sanjay Parikh.

"We are at present concerned with the miseries and difficulty of migrants trying to get to their native place. There are several lapses that we have noticed in the process of registration, transportation and providing food water to the migrants": SC

SC in its order:

* Several lapses in process of registration, transportation, food & shelter

* Concerned with miseries & difficulties of migrants

* Even after registration, migrants have to wait for weeks

* Large number of migrants are hence forced to proceed on foot

#SupremeCourt orders:

* Migrants won't be charged for travel either by train or buses

* States must take the burden of travel fares

* Stranded migrant workers shall be given food and water by the states where they are

#MigrantWorkers

SC orders:

* Originating states shall give meal and water at the station/terminal while Railways will provide meal and water during the journey

* States shall oversee registration of #MigrantWorkers who should be sent home as early as possible

#MigrantWorkers

* All those found walking on foot must be given food & shelter immediately

* Railways will provide trains without delay after states ask for it

#SupremeCourt asks Centre, states to submit detailed reports by Friday next week -- next date of hearing.