The Bombay High Court on Friday directed the Maharashtra government to produce original files and relevant records pertaining to the issuance of SOPs that permitted only “fully vaccinated” people in state to board local trains and visit malls and workplaces. (PTI Photo) The Bombay High Court on Friday directed the Maharashtra government to produce original files and relevant records pertaining to the issuance of SOPs that permitted only “fully vaccinated” people in state to board local trains and visit malls and workplaces.
After the court perused the state government’s affidavit, it questioned why the then Chief Secretary (CS) Sitaram Kunte took the decision without consulting the members of State Executive Committee (SEC).
“What was an emergency for which fundamental rights of citizens were curtailed and that you (CS) could not wait for the SEC to meet and discuss (the issue). We need to look into records,” the bench orally remarked.
The state government, in its affidavit, stated that the CS was also SEC chairman and purpose of the Standard Operating Procedure (SOP) was to provide relaxation of existing restrictions to the vaccinated persons, rather than imposition of new curbs.
While the state government conceded that “post-facto” (after CS decision) sanction of SEC was required as per rules, the procedural lapse should not be called upon to “vitiate bonafide” orders by CS issued in view of emergency situation pertaining to Covid-19.
A division bench of Chief Justice Dipankar Datta and Justice Makarand S Karnikwas was hearing pleas filed by activists Feroze Mithiborwala and Yohan Tengra through advocates Tanveer Nizam and Nilesh Ojha, respectively, which challenged the state’s SOPs, by seeking that all people in Mumbai Metropolitan Region be allowed to travel by local trains, irrespective of their vaccination status.
Seeking records from state government, the HC posted further hearing to February 21.
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