Produce files, data relied upon to bar unvaccinated persons from local trains, Bombay HC tells Maha govt

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The Bombay High Court has directed the Maharashtra government to produce all files and data relied upon by the state executive committee while deciding to not permit unvaccinated persons to travel in local trains in view of the Covid-19 pandemic.

A division bench of Chief Justice Dipankar Datta and Justice MS Karnik was hearing public interest litigation (PIL) that challenges the state government's decision to continue insisting that one must have received both doses of the Covid-19 vaccine to travel in local trains and use other modes of public transport in the city.

The bench also sought to know on what basis the government has said in its affidavit, filed in reply to the petition, that an unvaccinated person is more at risk of being infected with Covid-19 and, hence, more prone to spread the virus than a vaccinated person. "How can the state government say this? On what basis is this statement made? Vaccinated persons can also be affected by the virus," Chief Justice Datta said.

"Show us the files and data relied upon by the state executive committee before taking this decision (to not allow unvaccinated persons in local trains)" the court added. In reply to this, the state government's counsel S U Kamdar said vaccinated persons get infected but face milder symptoms. Kamdar said he was willing to produce and submit to the court all the data and files. The court, while posting the matter for further hearing on Wednesday said it was only ascertaining if the law was followed while taking this decision.

The PIL, filed by one Firoze Mithiborwala through advocate Nilesh Ojha, challenges a circular dated March 1, 2022 that was issued by the Maharashtra government to list out the standard operating procedures and safety measures for citizens in view of the Covid-19 pandemic. The restriction on public transport, including local trains, for the unvaccinated was included in this circular. Mithiborwala said in his PIL that such restriction was arbitrary and unconstitutional. He said this restriction was an "indirect attempt" on the state government's part to make vaccination compulsory.

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