The high court will hear the PIL on March 21. (File) The Bombay High Court on Monday issued a notice to the Maharashtra government in a PIL challenging the March 1 Standard Operating Procedures (SOPs) announced by the state continuing the earlier decisions which permitted only “fully vaccinated” people to board local trains and visit malls and workplaces. The SOP also made the wearing of masks mandatory.
After the court disposed of the two PILs challenging the SOPs and circulars issued last year by former state chief secretary Sitaram Kunte, an activist filed a fresh PIL challenging the new guidelines issued in January this year.
On March 2, the high court had expressed displeasure over the state government’s decision to maintain the restrictions on the use of public transport to only those who are fully vaccinated against Covid. It said that in an earlier order it had expected the State Executive Committee (SEC) to consider the fundamental rights of citizens and take a decision accordingly.
The fresh PIL filed by activist Feroze Mithiborwala, through advocate Abhishek Mishra, was mentioned before a division bench of Chief Justice Dipankar Datta and Justice Makarand S Karnik on Monday.
The PIL reiterated the alleged discrimination between vaccinated and non-vaccinated persons and sought penal action against officials who passed orders for collecting fine from persons failing to wear masks. The plea claimed that imposing fines was not part of the Disaster Management Act or any rule framed under it and therefore the fine amount of around Rs 120 had been collected illegally.
The petition said that since vaccination is voluntary, the “forceful vaccination” mandated by the state is against the central government’s position. It added that the directions to wear masks are unscientific and unnecessary.
The PIL also claimed that the SOPs are illegal, arbitrary and unconstitutional as per Article 14, 19 and 21 of the Constitution. It sought to prosecute the Chief Minister for issuing such orders and also sought direction to the state to pay an interim compensation of Rs 5 crore to the petitioner for alleged violation of fundamental rights and recover the amount from alleged guilty officials. Besides, it also sought return of the fine amount collected from the citizens.
The high court will hear the PIL on March 21.
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