Maharashtra to Bombay HC: Will review decision allowing only vaccinated people to board local trains on Feb 25

The court noted that as per state’s counsel, the current Chief Secretary (CS) Debashish Chakrabarty is “firmly of the belief” that the fresh decision to be taken by SEC will be in tune with the letter and spirit of the observations of the High Court.

The court observed in its order that “illegal” decisions challenged by the petitioners, which were signed by former CS Sitaram Kunte, were taken without consulting other SEC members and were in “violation of law and fundamental rights of citizens were brazenly affected”. The court granted the state time to review its decisions.

This came after the court on Monday asked Chakrabarty to inform it if the government would withdraw its decision takeb last year to permit only fully vaccinated people aboard local trains.

The court had orally observed that while such a decision taken by then CS Sitaram Kunte was “not in accordance with law”, the Covid-19 situation has improved and as “Maharashtra had handled it beautifully” it should “not invite bad name” to itself by continuing with the decision.

A division bench of Chief Justice Dipankar Datta and Justice Makarand S Karnik was hearing two PILs seeking that all people in Mumbai Metropolitan Region be allowed to travel by local trains and visit malls and workplaces, irrespective of their vaccination status.

Senior advocate Anil Anturkar for the state government said in view of the previous observations of court, factual status of Covid-19 pandemic and various directions recieved from Central government and Task force the SEC will meet on February 25 to review all orders and promulgate new comprehensive with directives if needed, superseding all previous ones.

The state government said that the orders in challenge from July and August last year were superseded by subsequent orders of October 8 and 26, while other orders dated January 8, January 9 and January 31 this year are currently in force. The state said new orders were ratified by SEC.

The state clarified that even if the orders of July and August are withdrawn, the subsequent orders consist of restrictions, including those on travel in local trains or other modes of public transport by unvaccinated persons.

The court perused orders passed by former CS and noticed that State Disaster Management Rules framed under the DM Act were in “total breach”.

The bench noted, “We hope and trust that in keeping with the present situation and the observations made, the SEC will take an appropriate decision for lifting of restrictions considering all aspects of the matter including the particular circumstance that Fundamental Rights of a section of the citizens were abrogated because of certain illegal orders passed by the Chairperson of the SEC earlier.

It added, “Although it is not the function of the Court to direct the SEC to take a decision in any particular direction, it would be eminently desirable if the SEC takes a decision on February 25, which effectively puts a quietus to the issues raised in these PILs.”

The High Court will hear the PILs next on February 28.