The Maharashtra government on Wednesday issued revised guidelines mandating full vaccination of citizens to travel in any public transport including the suburban local trains. The state in its fresh orders has said that only fully vaccinated users would be permitted to travel in public transport and those with partial vaccination or no vaccination at all, won't be permitted to use any mode of public transport.
This, despite the Bombay High Court held its earlier guidelines to be in violation of the fundamental rights of the citizens (right to move freely). The HC while allowing the state to withdraw its earlier guidelines had asked it to consider the declining trend in the daily Covid19 cases in Mumbai.
On Monday, the bench of Chief Justice Dipankar Datta and Justice Makarand Karnik said it was "unhappy" with the state government for deciding to continue the restriction on unjabbed citizens from travelling in local trains. It said that the state didn't "respects its sentiments."
The bench has been hearing a bunch of petitions from December 2021 challenging the decision of the state government to prohibit non-vaccinated citizens from travelling in local trains.
In its almost day-long hearings, the bench had time and again voiced its opinion against the state decision and had even pointed out various flaws in the decision making procedure. But the state played smart. It initially withdrew its earlier SOPs and then rectified its flaws and came up with the same decision, which obviously didn't go down well with the judges.
“It is a very unfortunate situation that despite whatever transpired in our hearings you continue to insist everyone should get vaccinated. There is no question of personal choice available?" a visibly disappointed Chief Justice Datta said, adding, "You create a situation where the public have to take vaccines, or otherwise they will be deprived of various facilities."
Senior counsel Anil Anturkar for the state justified its fresh SOPs citing the opinion of the state Covid task force which is against allowing non-vaccinated citizens in public transport.
At this, the judges said, "They are doctors and have given their expert advice, but what about the fundamental rights of citizens?"
Chief Justice Datta further expressed regret for not taking suo motu cognizance of the state's earlier decisions and passing orders striking down the same.
"In view of our suo motu powers, we could have struck down these revised orders too," CJ Datta remarked.
"We had reposed faith and trust in the state executive committee that it would take a fair decision and not pass any orders grossly violating the fundamental rights of citizens (right to move freely)," the bench said, adding, "Instead, the SEC has taken a decision without respecting our sentiments as expressed in earlier hearings."
"The SEC should have had borne in mind the fact that currently in Mumbai and other nearby cities, almost every activity is being performed as done during the pre-pandemic era, which notifies that normalcy has been restored," the judges added.
"However, we have learnt a lesson from the government in this matter and also in the petitions dealing with the appointment of the DGP," CJ Datta pointed out, adding, "We won't forget this lesson and would remember it next time."
Accordingly, the bench disposed of the petitions and granted liberty to the petitioners to file petitions afresh and challenge the new orders of the state.
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