Thread by @barandbench

#BombayHighCourt will shortly hear the plea seeking door-to-door #COVIDVaccination for citizens above 75 years of age and those who are specially-abled or bed-ridden.

Hearing before Chief Justice Dipankar Datta and Justice GS Kulkarni.

#COVID19

Thread to previous hearing:

https://twitter.com/barandbench/status/1403257357686116352?s=20

Hearing begins.

Adv Dhruti Kapadia mentions about a compilation filed by her.
She points out an order of the Uttarakhand High Court which deals with door to door vaccination.

#CovidVaccine #BombayHighCourt

Kapadia: There is a report seen in Hindustan Times where the Maharashtra Health Minister has permitted bedridden citizens can soon get jabs.
The report mentions our petition.

#CovidVaccine #BombayHighCourt

Court asks ASG Anil Singh to make his submissions.

ASG: Last time Sr Adv Sakhare for BMC showed a letter.
Sakhare would agree with me, that Ministry has given a reply. Ministry’s stand is expert body has already dealt with this issue.

#CovidVaccine #BombayHighCourt

ASG: On the basis of the expert body a detailed SOP is issued, all arrangements are made, and this is national policy, till door step vaccination is made available I do not want to repeat my previous submissions.

#CovidVaccine #BombayHighCourt

ASG: Kapadia is right. Some states and Municipal corporations are undertaking this.
But from the Union’s point of view, I have clarified that the national policy is for the time being.

#CovidVaccine #BombayHighCourt

ASG: NEGVAC has been meeting often and issuing guidelines.

#CovidVaccine #BombayHighCourt

ASG: There is a scarcity of the vaccination. One Bottle has 10 doses. We do not want any wastage. Cold chain. AEFI management.
The ministry has let an expert body decide and they have made this decision.

#CovidVaccine #BombayHighCourt

ASG: As far as Union is concerned, I will submit kindly bear with us for sometime. And in future this will be sorted out and the issue will be looked into.
26 times, NEGVAC has met and they have considered state representations.

#CovidVaccine #BombayHighCourt

ASG: ASG: Even the Supreme Court, modalities and methods of administration, it has to be looked into in that context. I am talking from a national aspect.

Kapadia: If they a national policy then why are bedridden people excluded?

#BombayHighCourt

Kapadia: Are bedridden people not entitled to vaccination under Article 21?

#BombayHighCourt

Singh reads out the reply filed by the Ministry of Health and Family Welfare to #BMC’s letter seeking permission for door to door vaccination.

#BombayHighCourt

@MoHFW_INDIA @mybmc

Court: What does Central Govt think of the other states not following national policy and going ahead with the door to door programme?

ASG: It is an advisory..

Court: Is it left to the wisdom of the State..?

#BombayHighCourt

Court: Penultimate paragraph of your reply says that the policy is a mere advisory.
So there is no embargo on the State to conduct door to door if they can..

#BombayHighCourt #COVIDVaccination

Court: We saw notification of Kerala government. We also know about Jammu Kashmir, Madhya Pradesh door to door vaccination. Have you issued an express communication prohibiting them from the drive?

#BombayHighCourt #COVIDVaccination

ASG: No but as I said, we expect...

Court: So then nothing can stop the State of Maharashtra or BMC from door to door vaccination?

ASG Singh laughs.

#BombayHighCourt #COVIDVaccination

ASG: I am only communicating the instructions I have. Health is ultimately a State subject...

#BombayHighCourt #COVIDVaccination

Court (to Sakhare): So if there are guidelines issued, then will you follow the Centre or the State?

Sakhare: State guidelines.

#BombayHighCourt #COVIDVaccination

Court (to APP Geeta Shastri): By when will the guidelines comes out?

Shastri: I will need time to take instructions.

#BombayHighCourt #CovidVaccine

Sakhare: May I request for a direction from the Court to issue directions to the State to come up with a guideline faster?

#BombayHighCourt #CovidVaccine

Court: Once they come up with a guideline, you are ready to start right away.

Sakhare: Manpower, we have to work on, and something to manage the after effects of vaccines.

#BombayHighCourt #CovidVaccine

Kapadia submits that her petition has some suggestions..

The Bench seeks 5 minutes time to discuss the submissions amongst themselves.

#BombayHighCourt #CovidVaccine

Bench: What we propose to do is directing listing of matter on Monday. In the meantime, there would be certain directions. We will upload the order this evening. Justice Kulkarni will be drafting the order.
We have conquered that there should be certain directions.

#BombayHC

Matter posted for hearing on June 21, 2021.

#BombayHighCourt #CovidVaccine