The Maharashtra government on Friday told the Bombay High Court that there was an immense urgency due to which the then chief secretary Sitaram Kunte issued the SOP disallowing non-vaccinated citizens from travelling in local trains. It further justified its decision stating that people were dying in huge numbers and thus the ban was imposed since trains are not only a major mode of transport but is also a potential virus spreader.
This comes after a division bench of Chief Justice Dipankar Datta and Justice Makarand Karnik enquired about the urgency under which the decision was taken.
The bench was hearing a bunch of petitions challenging the SOPs issued by the state government prohibiting unjabbed citizens from travelling in suburban local trains.
"Tell us what was the emergency under which the fundamental rights of the citizens were curtailed and did the chief secretary have powers to take such a decision on his own," Chief Justice Datta questioned senior counsel Anil Anturkar, who represents the state government.
"We have filed an affidavit which sheds light on the data that clearly indicated how much emergency was there when these orders were passed," the senior counsel responded.
CJ Datta further in a lighter vein said, that the state seems to have been put to the wall and thus no impressive answers were being given.
"This decision was taken by Mr Sitaram Kunte, who retired recently. The present chief secretary is a new officer. He wasn't also the member of the state executive committee...but took note of the data showing how many people died.." Anturkar highlighted.
However, the judges pointed out that apart from the new chief secretary there were officials from other departments too in the state executive committee.
"All (officials)sit in one building why couldn't the chief secretary call at least one or two of them and conduct a meeting before taking this decision?" CJ Datta questioned.
To this, Anturkar responded that it was Kunte who issued the impugned SOPs and that there weren't any malafide allegations against him, made in the bunch of the petitions before the bench.
"There are allegations Mr Anturkar..." advocate Nilesh Ojha for one of the petitioners, intervened.
Accordingly, Anturkar told the judges that in such a case, it should make Kunte a party to the case and seek a reply from him to justify his decision.
However, the bench adjourned the matter till next week with a directive to the state government to submit on record all materials considered while issuing the SOPs.
"Let us first go through the material and then we will decide whether or not to call affidavit from Kunte," CJ Datta said while adjourning the matter.
