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On Friday, the Maharashtra government told the Bombay High Court that there was an “immense urgency” due to which the then Chief Secretary Sitaram Kunte had issued the SOP disallowing non-vaccinated citizens from travelling in local trains.

To further justify its decision, the State mentioned that as people were dying in huge numbers, the ban was imposed since trains were not only a major mode of transport but were also a potential virus spreader.

This came after a Division Bench of Chief Justice Dipankar Datta and Justice Makarand Karnik enquired about the urgency under which the decision was taken.

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.

"Tell us what was the emergency under which the fundamental rights of the citizens were curtailed and whether the Chief Secretary had powers to take such a decision on his own," Chief Justice Datta questioned senior counsel Anil Anturkar, who represented the state government.

To this the state counsel responded that, "We have filed an affidavit which sheds light on the data that clearly indicated how much emergency was there when these orders were passed."

CJ Datta further in a lighter vein said, that the state seems to have been put to the wall and thus no impressive answers were being given.

"This decision was taken by Mr Sitaram Kunte, who retired recently. The present Chief Secretary is a new officer. He wasn't also the member of the state executive committee...but took note of the data showing how many people died," Anturkar asserted.

However, the bench pointed out that apart from the new Chief Secretary there were officials from other departments too in the state executive committee.

"All officials sit in one building, why couldn't the Chief Secretary call at least one or two of them and conduct a meeting before taking this decision?" CJ Datta questioned.

To this, Anturkar responded that, it was Kunte who issued the impugned SOPs and that there weren't any malafide allegations against him, made in the bunch of the petitions before the bench.

"There are allegations Mr. Anturkar," Adv. Nilesh Ojha for one of the petitioners, intervened.

Accordingly, Anturkar told the judges that in such a case, it should make Kunte a party to the case and seek a reply from him to justify his decision.

However, the bench adjourned the matter till next week with a directive to the state government to submit on record all materials considered while issuing the SOPs.

"Let us first go through the material and then we will decide whether or not to call affidavit from Kunte," CJ Datta said while adjourning the matter.

Previously, the Maharashtra government had informed the Bombay High Court that it has restricted entry of non-vaccinated citizens in suburban local trains only for the betterment of the public at large.

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

(with inputs from FPJ)