The Bombay High Court on Tuesday said that the order passed by the former Chief Secretary of Maharashtra allowing only fully vaccinated persons to travel in local trains is illegal and violative of the fundamental rights of citizens.
A division bench of Chief Justice Dipankar Dutta and Justice MS Karnik was informed by the Maharashtra government that it was ready to withdraw the circulars of July 15 last year and August 10 and 11, which had given only “fully vaccinated” people to the local population. permission was granted to board the trains and that it would review the circulars thereafter.
The Chief Secretary (CS) had written to the state counsel that though these orders were withdrawn, certain restrictions would remain in force. “In the spirit of the observation of the Court, these (new) orders may also be reviewed. As per the prevailing situation, with a notice period of three days as per the Disaster Management Rules, I will issue new directions superseeing orders to come into force, said the Chief Secretary.
The court then asked whether fresh orders were also passed by the CS without consulting the State Executive Committee (SEC).
“They have been approved by the SEC,” replied the state attorney.
The bench said, “With this situation, you are affecting the fundamental rights of the parties by a process which is not in accordance with the law. Except members of the public, every time we used to hold review meetings of administrative judges, So we were directed. This order.”
The CS said a new decision would be taken by the SEC in line with the letter and spirit of the court’s comments on February 25.
The hearing was adjourned for February 28.
The court was hearing two PILs seeking lifting of the ban on those traveling without vaccination or in local trains.
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