Bench led by Chief Justice Dipankar Datta of #BombayHighCourt to hear PIL raising issues concerning booking of vaccination slots on the #CowinApp vaccination portal.

Hearing begins.

The Court asks the petitioner, what is the issue in the petition.

Adv Jamsheed Master for the petitioner shows the Bench the #CowinPortal and points out that the vaccine slots open at different points in time in the day.

#cowinregistration #BombayHighCourt
Master: Even after appointment is given and the patient goes there, then the person is turned back saying there are no vaccines available.

#cowinregistration #BombayHighCourt
Master: Mr. Nari Contractor with his wheelchair bound wife went to the Centre and they were told that people who walked in had availed the vaccine.

#cowinregistration #BombayHighCourt
Adv Castellino appearing for petitioner submits that there are medical students who were not given.

Court: Once 18-44 was opened then the medical students were given.. Ask them to make a representation, I am sure they will be considered.
This is all a question of patience now
Court: There is a shortage of vaccine. We just have to wait now.

#CovidIndia #COVIDVaccination #BombayHighCourt
Adv Castellino submits that the mentally disabled people irrespective of the age should be given.

Court: We are not distinguishing between any citizens, neither discriminating based on disability. For us everyone is equal.

#CovidIndia #COVIDVaccination #BombayHighCourt
BMC lawyer submits that as far as opening of slots for vaccination is concerned, since they want to avoid crowding in centres, they only want to open a slot if they have 100 vaccines. Due to limited stock they are not opening stocks.

#COVIDVaccination #BombayHighCourt
Court asks the Centre to get details on the allocation of vaccines.

Also asks State what is the status now on the stock. We see there is global tender issued, and approaching Russia for vaccine stock.

#COVIDVaccination #BombayHighCourt
Court inquires with the State government why are patients are being denied vaccines?

Court: This is a nice system for booking online vaccines. But why is this parallel system being run?
This problem arises because there is no time slots for people who have done online booking.
Court: Because we do not know how many people will come for people for spot booking.

Castellino: There has to be a system where the dashboard is updated.

Court: We have discussed about this yesterday.

#COVID19 #CovidVaccine #BombayHighCourt
Court asks Castellino if she is vaccinated.

She says no.

Court: We are asking you so that you can share your experience.

#COVID19 #CovidVaccine #BombayHighCourt
Castellino: I will tell you my brother’s experience, where he went and took a token and then sat for a long time at the centre.

Court: Why are you not showing all of this material to the authorities? In other countries it is going on so smoothly.
Court: America was the worst affected country, and then now most of their population is now vaccinated.
It is either the administration which is failing or that people are not conscious.
We cannot believe that Americans are more conscious.

#CovidVaccine #BombayHighCourt
Castellino points out that in a lot of cases, people cannot be brought out of their houses.

Court: Yes but we are dealing with this issue now in the other matter.
Please this data available to us, that there is stock being made available.

#CovidVaccine #BombayHighCourt
Court: For the dashboard we had made suggestions yesterday, we had suggested them to consider the NIC website of the HC.

#COVID19 #CovidVaccine #BombayHighCourt
Court: And what had happened in February, 2021 when everybody gathered throwing caution to wind? For wedding or whatever be the reason.. We had stated in our earlier order, that citizens should not only think of rights, but also of duty.

#COVID19 #CovidVaccine #BombayHighCourt
CJ Datta: We are receiving criticism that the judiciary is demanding stocks of oxygen etc, what are they doing of pending cases?
Since the time I took over a CJ, 13 judges have retired in 13 months. But there has been no appointment in their place.

CJ Datta: There is no stock of judges. The issue of vaccination is similar. There is no stock available.
First you create a tandem in the country and then when the situation worsens, you panic and scream vaccine, vaccine, vaccine.

#COVID19 #CovidVaccine #BombayHighCourt
Adv Master gives instances of BMC centres where citizens were given slots and thereafter they were not given the vaccine because the centre had no slots.

Master: I have shown most slots of Bombay.

#COVID19 #CovidVaccine #BombayHighCourt
Master: There is a tweet that slots are opening slightly late.

He shows tweets of people where they have stated that the citizens wondered how the celebrities and sportspersons were getting vaccines where they are not.

#COVID19 #CovidVaccine #BombayHighCourt
Master: Only those centres may be opened which has vaccines. This is creating two fold problems.
People crowd the centres due to non-availability. And then when they go, they are not given.

#COVID19 #CovidVaccine #BombayHighCourt
Court: Why is there an issue? We understand that if you do not have vaccines, you do not open slots.. But if you are giving appointment then how can you deny like that?

#COVID19 #CovidVaccine #BombayHighCourt
BMC Lawyer: hence we do not open centres, when there is no vaccine..

Court: so that should correspond on the website.

BMC lawyer: Vaccination for 18-44 comes from the Centre, 45+ comes from State.

#COVID19 #CovidVaccine #BombayHighCourt
Court: That the citizens do not know. If they have an appointment then they should get vaccine.
These are internal issues.

#COVID19 #CovidVaccine #BombayHighCourt
Master informs the Court that his father was given appointment of 9 am to 11 am but he got his jab only at 4.45 pm.
He submitted that there was crowding at the centres, and even wheelchaired persons were waiting for the whole day.

#COVID19 #CovidVaccine #BombayHighCourt
Court: If you remember the minutes expert committee yesterday stated that disabled persons will be transported to the centre, will the expert committee guarantee that if you reach they will get immediately?

#COVID19 #CovidVaccine #BombayHighCourt
Court: How inhuman is this? How can senior citizens be made to wait for the whole day? What if they are diabetic? Or they need to use the loo? What do they do?
This is not a happy situation!

#COVID19 #CovidVaccine #BombayHighCourt
Court: Keep a dedicated day for the senior citizens.

CJ Datta: No that may not be advisable. If some citizen goes to the Centre with his parent, then they might want to get vaccinated themselves.

#COVID19 #CovidVaccine #BombayHighCourt
Court: Some other mechanism will have to be developed!

Master informs the court that his own vaccination did not happen within the time slot given to him.

#COVID19 #CovidVaccine #BombayHighCourt
Court: So this preferred time slot is a sham!
Master: The passport office has one centre at Worli Mumbai which gives out time slots. They give out 1000 slots a day, but the centre is not crowded at all. May a similar management can be used for vaccination.

#COVID19 #CovidVaccine #BombayHighCourt
Court: Ok we will take this up at 2 pm.
You make your submissions then..

#COVID19 #CovidVaccine #BombayHighCourt
Hearing to continue at 2 pm.

#COVID19 #CovidVaccine #BombayHighCourt
Court resumes hearing.

Adv Dhruti Kapadia makes her submission on the door to door vaccination hearing.
She informs the court about the BMC affidavit.…
Kapadia shows that she has come across an article where door to door vaccination was launched for the citizens of Behrampur.

#BombayHighCourt #COVIDVaccination
ASG Singh submits that Behrampur has stopped doing this now.

Kapadia: Yes they have stopped now as per reports. But then they were doing it..

Since BMC is waiting for Centre’s policy..

#BombayHighCourt #COVIDVaccination
Court: Mr Singh, you were not there in the morning. We heard submissions of learned advocates in the morning.
We were told of personal instances where people were waiting at centres for vaccination. They were given appointments and then there are not given vaccination.
Court: Your officers are thoroughly insensitive. Instead of having people rush to centres, you should chase them for vaccinations. Why cannot this approach be thought of! People are approaching with grievances now.

#BombayHighCourt #COVIDVaccination
ASG Singh submits from a note about the guidelines on the vaccination given to States.

Court: But this is only for people who can come for vaccination.. What about those who cannot?
Since we are now dealing with this issue, we want to know what is the plan for persons who can’t
ASG Singh: We are also concerned on these issues. We also want to look after people who cannot come.
People who can walk with a stick, they can come down in the building, etc. The ones who cannot is a difficulty.

#BombayHighCourt #CovidVaccineIndia
ASG Singh: Our concern is now for the effects after the vaccination. Hence we have those guidelines for vaccine room and waiting room

#BombayHighCourt #COVIDVaccination
ASG Singh: Various NGOs are helping us by bringing elderly people to the vaccination centres.
The only thing is as far as possible, Behrampur we have today’s report that there are lots of complications. There are various factors which made them stop.

Court: Is there any scientific data available that due to a particular complication after vaccination there were issues in health?
Or any particular vaccine.?
This is in nature of surmise, your expert committee has also said this. No ifs and buts, there has to be shown.
Court: The petitioner has shown us data for UK that they have door to door. They have the same vaccine. IF they can do it, why can’t we?
Show us figures, that for Covax it was so much, for Covishield it was this much.

#BombayHighCourt #COVIDVaccination
Kapadia: Also the guidelines does not mention anywhere what they will do for bedridden people.

#BombayHighCourt #COVIDVaccination
Court: We are told Covaxin is dead virus which has no side effects. SO then why not use that vaccine for this population, the senior citizens? Why bring them out of their houses?

#BombayHighCourt #COVIDVaccination
Court: If vaccination camps happen in societies, then they won’t have full fledged ICUs, so then if something happens, then what will happen?

#BombayHighCourt #COVIDVaccination
Court (refers to the Odisha vaccination article):…
CJ Datta: The article says that the vaccination was stopped because “violations of Central guidelines”. Not adverse cases. Show us one death in the article. This can happen only in India.
They will either die of COVID or comorbidity.

#BombayHighCourt #COVIDVaccination
CJ Datta: This article implies that their drive was stopped because Centre did not have a policy.

ASG Singh: Centre is not an expert...

CJ Datta: Centre does not have experts? And what they have said in the minutes….without giving reasons.

#BombayHighCourt #COVIDVaccination
CJ Datta: And now the BMC has succumbed to this pressure.

#BombayHighCourt #COVIDVaccination
CJ Datta: What was the praise in the newspaper and media for? For publicity? If you cannot think for the elderly people and the bedridden.

#BombayHighCourt #COVIDVaccination
CJ Datta: We are very disappointed with the stand taken by BMC. If you do not have stock, you stop vaccines for all. Why this selective vaccination going on? Can you discriminate like that?

#BombayHighCourt #COVIDVaccination
Kapadia shows the official twitter thread of the Behrampur Municipal Corporation where they were shown to have been carrying out the door to door vaccination drive.

#BombayHighCourt #COVIDVaccination
Bench is discussing amongst themselves. They are checking for some details from their phone.

#BombayHighCourt #COVIDVaccination
Court: Have your instructing officer here.

ASG Singh: He is in Delhi.

Court: Have you heard of NEGVAC?

Someone informs that it is the National Expert Group on Vaccine Administration for COVID-19

#BombayHighCourt #COVIDVaccination
Court asks what is their report on this.

Court: If there is already an expert body, why was another body constituted?
NEGVAC was formed in August 2020.

#BombayHighCourt #COVIDVaccination
Court: Please find out about the recommendations of NEGVAC.

ASG Singh: If milords see my earlier affidavit of April 20, 2021.

#BombayHighCourt #COVIDVaccination
Court: If NEGVAC was there, why made a committee? Who are the members in that?

#COVIDVaccination #BombayHighCourt
ASG Singh submits that the committee had been formed for considering the issue in the PIL.

#COVIDVaccination #BombayHighCourt
Court: Because your affidavit does not make any reference of recommendations from NEGVAC.
So this is not NEGVAC’s opinion.

#COVIDVaccination #BombayHighCourt
ASG Singh: We will look into it.

Court: This is not the way you deal with such an important issue. Your officials have disappointed us.

Kapadia shows a document from the Ministry of Health and Family Welfare.


#COVIDVaccination #BombayHighCourt
Kapadia reads out from a discussion of the Health Minister’s statement in the Loksabha.

Court: This says that AEFI cases were less than 2%. This is something which is discussed in the Loksabha, by your own minister. And you are using this as an excuse.
This is for We the People.
ASG Singh: Can I speak to the Chairman of NEGVAC? I will ask them to reconsider this issue. Discuss with him. And even the chairman of NITI Ayog.
I will personally speak to them.

#COVIDVaccination #BombayHighCourt
Court: Please do, but with the intention to reach out to those people. WE can take care of ourselves, but not of those people Mr. Singh.

#COVIDVaccination #BombayHighCourt
ASG Singh: I will request him whether he can reconsider the issue of door to door policy.

#COVIDVaccination #BombayHighCourt
Court asks Kapadia if she wants to make any submission.

Kapadia: They investigated the deaths and then they found out that the deaths were not even remotely related to the vaccination given.

Even IMA has supported this door to door vaccination.

Kapadia: IMA will write to the Centre for a change in the vaccination policy to introduce door to door vaccination. Doctors are saying this.

#COVIDVaccination #BombayHighCourt
Kapadia: Doctors and people from the medical field are agreeing to it, this makes me question the policy.


#COVIDVaccination #BombayHighCourt
Court asks Singh: How long will NEGVAC take to come to a decision on the door to door policy?

ASG Singh: Let me ask.

Court: Yes some instruction perhaps.

#COVIDVaccination #BombayHighCourt
ASG Singh: Maybe the committee have taken their decision. They are working day and night. If there comes an observation from the court, they may get discouraged.

Court: We have never made such observations in any of our order.

#COVIDVaccination #BombayHighCourt
Court: If the officials have taken some step which goes against the citizens, then we will say, and we have said. But we have never said anything to demoralise an official.
If there is violation of right, we will come down heavily against them.
Court: In our April 22 order, we had appreciated the officials for their good work.

#COVIDVaccination #BombayHighCourt
Court: We will give you time till June 22, to come up with a decision on the policy. We see that the people are all busy and from different parts of the country, it will be difficult for them to meet within 2-3days. So we are giving you enough time.

Court asks Kapadia about the IMA article.

She shows the article of IMA where the present PIL is discussed.

#COVIDVaccination #BombayHighCourt…
Court: We will keep it on June 2.
We will dictate a detailed order, so that NEGVAC knows what they are to consider.
NEGVAC has to know what all has transpired.

#COVIDVaccination #BombayHighCourt
Court: We need to give them these figures. We will put in an order.

ASG Singh: These matters are in various courts including Supreme Court...

Court: That does not mean we cannot pass an order.

#COVIDVaccination #BombayHighCourt
ASG Singh: I do not want officers to think they have not done their job...

Court: We are not going to cast any aspersions against the officials. Leave that to us, we know our job. But this has to be appreciated, this issue is raised before Apex Court and several other HCs.
Court: And we have to put in these figures, that the death percentage is 0.000319%.

#COVIDVaccination #BombayHighCourt
Court gives ASG time to get instructions from the NEGVAC chairman.

#COVIDVaccination #BombayHighCourt
The Court is now turns to the issues in the plea pertaining to #CowinApp

Court is informed that till now there are over 2.03 crore vaccines administered in Maharashtra.

Master: The population is over 11 crores.

#COVIDVaccination #BombayHighCourt
Court expresses concern.

#COVIDVaccination #BombayHighCourt
Master: IF the vaccination centre can open at that pre-determined time, then they can all have clarity on a day to day basis.

#COVIDVaccination #BombayHighCourt
Master: Mr Singh has informed that they are telling the State in advance when are they going to get the vaccines.

#COVIDVaccination #BombayHighCourt
Master prays for granting of prayer (f)issue directions to all centers so as to administer vaccines to walk-in patients after reserving vaccines for those who have already obtained appointments.

#COVIDVaccination #BombayHighCourt
Court: We will make an order that those who have obtained appointed will first get vaccinations, then those who are walking in will be considered.

BMC Lawyer: We are following that only.

#COVIDVaccination #BombayHighCourt
Court: But what we have seen does not show that. In any case, then our order should not be a problem to be followed. It will reiterate what you follow.

#COVIDVaccination #BombayHighCourt
ORder: The petitioners seek orders on the respondents. The common grievance raised is that the people who have obtained appointments from accessing COwin portal have to wait for long hours or they are told there are no vaccines.

#COVIDVaccination #BombayHighCourt
Order: According to petitioners, preference is given to the people who walk in for vaccination. This is denied by lawyers for BMC. They submit that in reality the contrary to what is alleged in the petition.

#COVIDVaccination #BombayHighCourt
Order: Persons who have appointment are given preference over the people who walk in.
Considering the nature of issues raised in the PIL, we call upon the respondents to file their reply by May 31, 2021.

#COVIDVaccination #BombayHighCourt
ORder: PIL petition listed on June 2 for hearing.
We are inclined to reiterate that online registrants who have confirmed appointments are to be given preference over the on the spot registrants.

#COVIDVaccination #BombayHighCourt
Order: The respondents shall make honest endeavours to ensure that the elderly citizens are not made to wait in long queues and that immediate steps are taken to vaccinate them at the centre.

#COVIDVaccination #BombayHighCourt
Master: There is one aspect I missed informing. There are registrations, a single person can have multiple registrations. If I have my Aadhar card linked with a mobile number, then there is still issues with registration.

#COVIDVaccination #BombayHighCourt
Court: Is this raised in your petition? They will deal with this.

#COVIDVaccination #BombayHighCourt
Court (to Castellino): We are told that after health worker, front-line worker will be considered. You get us data that workers are not considered, we will consider.

#COVIDVaccination #BombayHighCourt
Master: The app does not have a provision for choosing the frontline worker, or health worker.

Order: We are clarifying that frontline workers who are not vaccinated yet have to be considered.

#COVIDVaccination #BombayHighCourt
Court: If they take a favourable, then let them not wait for our order, le them implement immediately.

ASG Singh: Additional Commissioner in the immunisation programme.

Order: ASG Singh assures us that NEGVAC will look into the issue of door to door vaccination for elderly.
Order: and disabled with care and compassion which the concerned deserves. Those consideration will be placed before us on June 2, 22021.

#COVIDVaccination #BombayHighCourt
Order: With regard to such assurance we do not propose to pass a detailed without examining the recommendations of the expert committee. If the NEGVAC decides in favour of door to door, such policy may be implemented without orders.

#COVIDVaccination #BombayHighCourt
Order: We also place on record that the BMC has placed an affidavit before us, showing its inability to introduce door to door vaccination unless and until the Central government permits. SO to June 2, 2021.

#COVIDVaccination #BombayHighCourt
Court: Let us hope that better sense prevails and no further orders are required.

#COVIDVaccination #BombayHighCourt
Court: We could have kept it in the next week, but we want to give time to the committee to think it over.

#COVIDVaccination #BombayHighCourt
Hearing ends. Matter to be taken up on June 2, 2021.

#COVIDVaccination #BombayHighCourt

• • •

Missing some Tweet in this thread? You can try to force a refresh

Keep Current with Bar & Bench

Bar & Bench Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!


Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @barandbench

21 May
"Autocratisation, defiance of SC order:" Andhra Pradesh High Court slams State Election Commission, quashes decision to hold local body polls without 4 weeks MCC [READ ORDER]

report by @meera_emmanuel

AP High Court slams State Election Commission for misinterpreting Supreme Court order on enforcement of Moral Code of Conduct for local body polls

#AndhraPradesh #electioncommission Image
The act of Election Commission can described as democratic backsliding: Andhra Pradesh High Court

#electioncommission Image
Read 4 tweets
21 May
BREAKING: Solicitor General Tushar Mehta appears for Uttar Pradesh government in an appeal against order passed by the Allahabad HC where it was sdirected that all nursing home beds should have oxygen facility etc in suo motu covid19 case
#covid19 Image
UP Govt urges that all COVID19 related matters be listed before the Chief Justice of High Courts led bench.
SG Mehta: health infrastructure can never be ignored. But these directions are impossible to comply with. Earlier there was orders passed like impose lockdown in several cities which you had stayed
Read 31 tweets
21 May
#BombayHighCourt to hear the plea of #MaharashtraGovernment to quash portions of #CBI FIR against ex-Home Minister #AnilDeshmukh shortly

Hearing before Bench of Justices SJ Kathawalla and SP Tavade.

@AnilDeshmukhNCP Image
Sr Adv Rafiq Dada with Chief Public Prosecutor Deepak Thakare appears for the #MaharashtraGovernment. ASG SV Raju with ASG Anil Singh appears for #CBI

Read 5 tweets
21 May
#SupremeCourt to shortly hear plea by an undertrial prisoner from Uttarakhand stating that undertrials cannot be equated with convicts for the purpose of grant of parole to prevent over-crowding in jails amid the #COVID pandemic. Plea seeks parole in line with recent SC order Image
The petitioner stated that the decision of the State High Powered Committee (HPC) to deny the benefit of parole to undertrial prisoners charged with offences punishable with more than 7 years' imprisonment, would be violative of Article 21 of the Constitution.
Adv Rishi Malhotra: Supreme Court had directed to formed high powered committees so that decision can be taken to release prisoners owing to over crowding of jails. Recently CJI NV Ramana led bench asked HPC to issued orders to consider the undertrial cases afresh
Read 8 tweets
21 May
Calcutta High Court to resume hearing today in the case relating to arrest of four @AITCofficial leaders, Firhad Hakim, Subrata Mukherjee, Madan Mitra and Sovan Chatterjee in Narada case.

Track this thread for live updates from the court.

#CalcuttaHighCourt #NaradaStingCase Image
The matter is being heard by a Bench of Acting Chief Justice Rajesh Bindal and Justice Arijit Banerjee assembles. Hearing commences.

#MamataBanarjee #NaradaScam #NaradaBriberyCase
Breaking: Narada matter to be heard by larger Bench, order Calcutt High Court

Court also order the TMC leaders be kept in house arrest instead of custody in jail in tune with recent judgment of Supreme Court in Gautam Navlakha case

Read 29 tweets
21 May
#SupremeCourt vacation bench led by Justice Vineet Saran to hear @YSRCParty MP Krishnam Raju's challenge to the Andhra Pradesh HC order denying him interim bail. Raju contends he was tortured in custody by CID and face cases as he seeks to set aside the bail granted to @ysjagan Image
Andhra Pradesh has informed the Supreme Court that @RaghuRaju_MP had made consistent and deliberate attempts to incite disaffection towards the State government by creating wedge between various classes and groups of citizens #SupremeCourt
Read 107 tweets

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!