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A Supreme Court bench of Justices Chandrachud and Surya Kant today dismissed a plea challenging a circular by Ahmedabad Municipal Corporation Ahmedabad Municipal Corporation’s (AMC) circular restraining unvaccinated people from accessing public utilities such as zonal offices, zoos, AMTC, BRTS, sports complexes etc.

This plea was an appeal against the order of Gujarat High Court which dismissed the PIL challenging the vaccine mandate. The High Court held that it is essential to get vaccinated with two doses as prescribed to protect people from COVID-19. In the Gujarat High Court the petitioners had cited the order of Meghalaya High Court which held that states cannot impose vaccine mandates. The high court held that the State of Gujarat does not want to take any chance. The High Court held that the Ahmedabad Municipal Corporation’s campaign is in public interest.

When the matter came up for hearing, M Kotwal, Advocate, appearing for the petitioner submitted that the Municipal Commissioner does not have the authority to issue any mandate and that it is the State’s authority.

The court retorted to this informing that the Municipal Commissioner is in charge of public spaces within the city and it is their duty to ensure the safety of the residents. Kotwal further adverted to the adverse effects of vaccination and also referred to Jacob Puliyel’s case which challenged the vaccine mandate.

The court on hearing the counsel dismissed the plea noting that every vaccination has cost benefits and the controversy is age old and it is our duty to look at the benefits of vaccination to the community as a whole.

The court further suggested that the counsel approach State so as to complain about the circular of the Municipal Corporation.

Case title: Nishant Babubhai Prajapati Vs Union of India