The Bombay High Court on Thursday ordered the Maharashtra government to place on record the material it considered to prohibit unjabbed citizens from travelling in suburban local trains. It said it would have to go through it before deciding the matter.
A bench of Chief Justice Dipankar Datta and Justice Makarand Karnik granted time till Friday morning for the state to place on record such material based on which it decided to disallow non-vaccinated citizens from travelling in local trains.
The bench even expressed displeasure over the state government not maintaining minutes of the state executive meeting in which it decided to prohibit unjabbed citizens from using local trains in the city.
Pursuant to earlier orders, senior counsel Anil Anturkar for the state government, cited some judgments passed by the Supreme Court, in which the top court has held that courts shouldn't interfere with decisions which are in the interest of the larger public, even if the decision making process has some defects.
However, the bench seemed unimpressed with the submissions noting that the facts of those matters were different than the present one.
"What should be done when there is a defect of such a nature? You (state) were given two days time to justify yourself on this point but you are here only with SC verdicts," Chief Justice Datta said.
At this, Anturkar responded, "But this aspect was raised only in the earlier hearing. Till now we are only arguing in respect of the contentions made in these bunch of petitions, which doesn't speak of minutes of the meeting."
"If your Lordships want to take a suo motu cognizance of this aspect please pass a formal order and let us file a proper reply furnishing the material that was considered to take the decision," the senior counsel added.
An unimpressed Chief Justice responded, "Do you want to say that we don't have powers to take into consideration other aspects of a case while hearing a PIL?"
"We only want to know how did the new chief secretary decided this when earlier meetings were chaired by old secretary (Sitaram Kunte)," CJ Datta said, adding, "Your executive committee feels it is above the law and hasn't maintained minutes of the meetings."
Responding to the observation, Anturkar told the bench that if it makes such observations then it would create a serious prejudice for the state.
"I accept the fact that we don't have the minutes of the meetings but we surely have the material on record based on which the decision is taken," Anturkar submitted.
Accordingly, the bench adjourned the hearing till Friday noon with a directive to the state government to furnish all the material it considered before it, by tomorrow morning.
