"Avoid 'bad name' to state, consider withdrawing SOP which excludes unvaccinated from local trains": Bombay High Court

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"The Maharashtra government must seriously consider withdrawing its SOPs which prohibited the entry of non-vaccinated citizens from travelling in the suburban local trains",  observed the Bombay High Court on Monday.

A bench of Chief Justice Dipankar Datta and Justice Makarand Karnik observed that the Maharashtra government has handled the Covid-19 situation "beautifully" and that it should now withdraw these orders (prohibiting unvaccinated citizens in trains) to avoid inviting a bad name for the state.

The bench accordingly ordered the state chief secretary to inform it by Tuesday afternoon if it would withdraw SOPs.

The bench was hearing a batch of petitions challenging the SOPs issued by the State government prohibiting unjabbed/non-vaccinated citizens from travelling in suburban local trains.

The petitions filed through advocate Nilesh Ojha argued that the fundamental rights of citizens to "free movement" have been violated by the state.

"Let bygones be bygones. Let there be a new beginning," Chief Justice Dipankar Datta told senior counsel Anil Anturkar representing the state.

The bench further said that the state's Chief Secretary Debashish Chakraborty should by Tuesday afternoon inform the court if the state government will withdraw its decision to permit only fully vaccinated people to travel in the suburban trains.

"The Chief Secretary has to withdraw order (banning unjabbed citizens from trains) whatever has been done by his predecessor (Sitaram Kunte) is not in accordance with the law, withdraw this and allow people, " said bench.

The bench noting that the Covid19 situation has improved in the state observed that, "Now, the COVID-19 situation has improved. You have handled it beautifully so why are you inviting a bad name nosy?"

The Chief Justice further said that the state must be sensible and not treat the issue as adversarial litigation.

[Cause Title: Yohan Tengra vs State of Maharashtra & Ors.]

 

 

Also Read - Prohibiting non-vaccinated citizens to travel in local train is due to 'immense urgency', Maha govt tells Bombay High Court

(With inputs from FPJ)