22 February,2022 07:27 AM IST | Mumbai | Dharmendra Jore
Only those with two vax doses are allowed on locals. Pic/Satej Shinde
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While the Bombay High Court on Monday asked the Maharashtra state secretary to submit on Tuesday if it will withdraw its decision to permit only fully vaccinated people on suburban trains, Health Minister Rajesh Tope said the state is expected to be free of COVID restrictions, not mask-free, by next month. Though the minister's remark was not related to the HC case, it indicated the prevailing view on curbs in the government.
Health minister Rajesh Tope on Monday said, "The state will not be mask-free, but restriction-free. The Centre has asked states to relax restrictions. Even the state COVID Task Force feels the same way. We have presented our proposal at the Cabinet meeting and expect the chief minister to decide soon. I personally think that we will be restriction-free in March."
At present, entertainment, hospitality, recreation and beauty/lifestyle service establishments are allowed to operate at 50 per cent capacity and some relaxations are in force only in districts with at least 90 per cent of first dose and 70 per cent of both doses have been administered.
There is also a cap on the number of guests at weddings, indoor and outdoor events. In Mumbai, only fully vaccinated are allowed suburban railway commute.
An HC bench of Chief Justice Dipankar Datta and Justice M S Karnik, while hearing two public interest litigations seeking that all people in the Mumbai Metropolitan Region be allowed to travel in local trains, said Chief Secretary Debashish Chakrabarty must inform the court on Tuesday if the state government will withdraw its decision to permit only fully vaccinated people to travel in the suburban trains.
"Let bygones be bygones. Let there be a new beginning," Chief Justice Datta said.
The PILs challenged three notifications issued by the Maharashtra government in July and August last year that prohibited unvaccinated people from travelling in local trains, considered the lifeline of Mumbai.
Nilesh Ojha, counsel for one petitioner, had earlier argued that the prohibition on use of local trains by unvaccinated people was illegal, arbitrary, and in breach of citizens' fundamental right to move freely across the country, as guaranteed by Article 19 (1) (d) of the Constitution.
He had argued that the move discriminated against people based on their vaccination status even as neither the Centre nor the Maharashtra government had made vaccination mandatory.
During previous hearings, the HC realised that the decision to prohibit unvaccinated people from travelling in local trains had been taken unilaterally by the then Chief Secretary Sitaram Kunte.
The HC on Monday said, "The chief secretary has to withdraw the order (the notification on such prohibition). Whatever has been done by his predecessor (Kunte) is not in accordance with law."
"Now, the COVID-19 situation has improved. Maharashtra handled it beautifully. Why are you inviting a bad name," the court asked, adding that the state must be sensible and not treat the issue as an adversarial litigation.
(With input from agencies)
