7.6.4 Quash Mandatory Vaccinations (Mumbai Local Train) and discrimination (Bombay HC – PIL No. 85 dt. 26-08-21)
7.6.4. Quash Mandatory Vaccinations (Mumbai Local Train) and discrimination
Bombay High Court – PIL No. 85 of 2021 dt. 26th August 2021 in the matter of Yohan Tengra vs. State of Maharastra & Ors.
Civil Writ Petition filed by AIM National Steering Committee Member Yohan Tengra to Quash Mandatory Vaccinations for Mumbai Local Train Travel, which is Discriminatory, Illegal, Unconstitutional & Violative of Fundamental Human Rights.
2nd Writ Petition is filed in the Bombay HC against the unscientific, arbitrary and unconstitutional circulars issued by the Government of Maharashtra regarding Mandatory Vaccine for Train Travel from the 15th of August onwards, as well as requirement to work in shops & restaurants, to enter malls, along with the requirement for Mandatory RT-PCR or 2 doses of Vaccination to enter the state.
Latest Update as on 2nd March 2022
In our hearing today, Bombay HC Chief Justice Dipankar Datta said that he made a huge mistake by trusting that the state government and state executive committee would respect the advice/direction given by the bench to them, regarding removing restrictions which have been imposed on unvaccinated people to travel. Instead of following the courts directions, the state issued a new order which continues to violate the fundamental rights of the citizens.
The Chief Justice said that he should have exercised his suo moto powers and quashed all the state orders which have been issued since August, as they are all illegal and violate the fundamental rights of the citizens, instead of giving a chance to the state. He said, that he will not forget this and that the court would remember this breach of trust in the future.
Chief Justice reprimanded the Counsel for government by stating that on one hand you(State) say that vaccination is voluntary but indirectly making it is mandatory to access public facilities.
Chief justice said, “it is very unfortunate that you (State) are insisting everyone should get vaccinated. There is no question of personal choice available?”
The bench asked the petitioners to file a fresh petition challenging the new order, which AIM will be doing very soon, and the matter will be up for hearing in court soon as the judges have understood the urgency behind it, which is why they were taking this matter up almost daily since the last few hearings.
This is a huge victory for all of us in Maharashtra, as the Chief Justice has set a precedent in law by declaring all of the orders which the state has passed since August regarding vaccine discrimination as ILLEGAL. It is only a matter of time before they are officially struck down in court, until then we can all use this order to exercise our fundamental rights while travelling, going to malls, offices, etc. All authorities have no obligation to follow any of these orders as the Chief Justice has declared that they are illegal, it is only due to technical reasons that the order could not be set aside in today’s hearing.
Read the full order from the Judges attached here : https://drive.google.com/file/d/1JLWJaoCRVwbgvkL8WYjq-3tmQl7ed52_/view?usp=drivesdk
Another huge point of victory : Fearing prosecution, the State of Maharashtra has removed the provision of fines for masks and vaccines in their latest order, after Senior Advocate Nilesh Ojha mentioned in Bombay HC that there is no provision for fines in the Disaster Management Act
Apart from this, there are many other gross illegalities in this order, which will be challenged and officially quashed soon.
State Order pdf : https://drive.google.com/file/d/1qCf1ZVowGzJl07LgO912ukTMQlcWVVKP/view
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