COVID-19: Bombay HC seeks material on which state decided to bar non-vaccinated citizens in local trains

The Bombay High Court on Friday ordered the Maharashtra government to spell out on what basis it issued the SOP disallowing non-vaccinated citizens from travelling in the suburban local trains. The Union government, meanwhile, told the HC that as per its policy, vaccination is not mandatory for citizens.

A bench of Chief Justice Dipankar Datta and Justice Makarand Karnik was hearing a bunch of petitions challenging the SOP issued by the state government disallowing non-vaccinated citizens from travelling in local trains.

Senior counsel Anil Anturkar, representing the state, argued that the National Disaster Management Act allows the state to impose such restrictions for the betterment of the public at large.

"Our state's limited stock of medical oxygen shouldn't be put to such a situation that people die for want of it," Anturkar said, adding, "We aren't disallowing these people to travel from any other mode of transport but only in trains. They are free to travel in private modes of transport."

Anturkar further pointed out how local trains are the most vulnerable modes of transport in which there are higher chances for the spreading of the infection.

"In local trains, people are more vulnerable to touch each other and stand very close to each other. More people would get infected due to this proximity. I do not want my people to gust for oxygen," he added.

Further reading from the reports of the World Health Organisation, the senior counsel highlighted that "vaccines provide at least some protection from the virus and its transmission."

Anturkar while referring to the situation during the second wave of Covid19, said that there was "tremendous strain on the public health system."

"We might relax the condition in the next 15 days. There are periodical reviews being done. The situation has somewhat been in control now," Anturkar emphasised.

At this, the Chief Justice noted from the state's affidavit that it has taken a decision after a continuous review and discussions of the situation at present.

"You (state) claim to have taken a conscious decision. So we want to know what were the deliberations? There should be some minutes of the meeting?" CJ Datta said.

"Since this is a collective decision there must be some deliberations and minutes. If not then how could the SOP be issued then? We are only dealing with the decision-making process," the Chief Justice said, adding, "You have to show that there wasn't any hanky panky and that you took the decision as per the material on record."

To this, Anturkar said he would take instructions from the state officials on this aspect.

Meanwhile, the bench sought to know from additional solicitor general (ASG) Anil Singh, who represented the Union government, about its stand on the issue.

Singh submitted that the Union government has not formulated any new disaster management plan and has been acting even during the pandemic as per the old plan of 2019.

"Our reactions to the pandemic has been dynamic based on changes in the situation," Singh submitted.

"As per our policy, vaccination isn't mandatory for citizens and we haven't allowed any sort of discrimination between vaccinated and non-vaccinated citizens," the ASG added.

The judges then sought to know from the Union government about its stand on the issue and adjourned the matter for further hearing till Monday.