Thread by @lawbarandbench

#BombayHighCourt is hearing PIL questioning validity of SOP issued by the #Maharashtra on March 1 continuing the restrictions against citizens who are not fully vaccinated against #Covid_19 from travelling in public transport and accessing public places.

@CMOMaharashtra

Sr Adv SU Kamdar for State: The same subject matter is being heard by the #SupremeCourt today.

Adv Joel Carlos for Commissioner and Addl. commissioner of #BMC states they are seeking time to file affidavit.

Present commissioner of police also is a party

@mybmc @MumbaiPolice

Adv Nilesh Ojha: When there are allegations of malafides against any persons then they have to be made party.

CJ Dipankar Datta: You have made doctors party to the petition?

Ojha: They have come up with the present circular which is stricter than the earlier circulars. The suggestions were totally ignored.

Ojha: The order which is passed after ignoring material on record.

Ojha: In whole order, there is no mention of how the committee came the conclusion about the factors for passing the restrictions.

CJ: Disaster Management comes under which list? Union or State?
Which entry?

Kamdar: union list

CJ: Public health is list 2, but disaster is Union.. We are trying to find the source of the act.

CJ: We will tell you, we are now concerned with travel in railways. Other points are there, but unvaccinated people to travel in trains was the main concern.

CJ: Railways act is under Union list. under 56 states who can be debarred entry. Whether by disaster management can state decide about entry or availing services.

CJ: Sec 72 will be relied on..

Kamdar: But there is a provision under Sec 29…

CJ: Does your (State) affidavit what was the position in the State? About the situation 6 months ago and what is now.Whether the situation now requires same measures that were required 6 months ago

CJ: We are keeping it tomorrow at 2.30.

#BombayHighCourt