The Bombay High Court on Monday said the Maharashtra government must seriously consider withdrawing its SOPs which prohibited the entry of non-vaccinated citizens from travelling in the suburban local trains. The HC has accordingly ordered the state chief secretary to inform it by Tuesday afternoon if it would withdraw SOPs.
A bench of Chief Justice Dipankar Datta and Justice Makarand Karnik observed that the Maharashtra government has handled the Covid19 situation "beautifully" and that it should now withdraw these orders (prohibiting unjabbed citizens in trains) to avoid inviting a bad name for the state.
The bench was hearing a clutch of petitions challenging the decision of the state government not to allow non-vaccinated citizens in local trains. The petitions filed through advocate Nilesh Ojha argued that the fundamental rights of citizens to "free movement" have been violated by the state.
"Let bygones be bygones. Let there be a new beginning," Chief Justice Dipankar Datta told senior counsel Anil Anturkar representing the state.
The Chief Justice further said that the state's Chief Secretary Debashish Chakraborty should by Tuesday afternoon inform the court if the state government will withdraw its decision to permit only fully vaccinated people to travel in the suburban trains.
"The Chief Secretary has to withdraw order (banning unjabbed citizens from trains) whatever has been done by his predecessor (Sitaram Kunte) is not in accordance with the law," CJ Datta said, adding, "Withdraw this and allow people."
The bench noted that the Covid19 situation has improved in the state. "Now, the COVID-19 situation has improved. You have handled it beautifully so why are you inviting a bad name nosy?" CJ said.
The Chief Justice further said that the state must be sensible and not treat the issue as adversarial litigation. The bench, accordingly, adjourned the matter for further hearing on Tuesday noon.
