Bombay HC asks state to submit details of curbs on train travel

The PIL had also objected to the fines being levied on persons who failed to abide by the Covid protocols saying it was illegal and the fine collected thus far should be refunded.

Mumbai: The Bombay high court on Monday directed the state government to detail the restrictions imposed on local train travel during the Covid-19 surge and curbs imposed after the relaxations.

The state also said that the fines being levied on individuals who do not follow Covid protocols was justified under section 51 of the Disaster Management Act (Kalpak Pathak/HT photo)

The division bench of chief justice Dipankar Datta and justice Makarand Karnik was informed that in the view of improved Covid situation and substantial reduction in fatalities, the restrictions imposed on suburban train travel through the March 1 circular of the State Executive Committee (SEC) was arbitrary and illegal.

While hearing the public interest litigation (PIL) filed by activist Firoze Mithiborewala, the court was informed by advocate Nilesh Ojha that though the HC had earlier asked the chief secretary to take appropriate decision to allow non-vaccinated persons to travel on suburban trains amid a drop in Covid cases, the SEC had failed to relax the restrictions and on the contrary passed harsher orders.

The PIL had also objected to the fines being levied on persons who failed to abide by the Covid protocols saying it was illegal and the fine collected thus far should be refunded.

On Monday, the state submitted an affidavit by K Suryakrishnamurthy, under-secretary, Disaster Management Unit, Relief and Rehabilitation Department, stating that though there was no evidence of non-vaccinated persons being more prone to spreading the virus than those who are vaccinated, as a precautionary measure the restrictions on suburban train travel had been continued to ensure that they do not contract the virus or don’t spread the same on the crowded suburban trains where social distancing is not possible.

The affidavit further stated that the universities, schools and colleges had been asked to reopen physical classes but they were also given the discretion to conduct online classes if there was any apprehension of the spread of the virus among students.

The state also said that the fines being levied on individuals who do not follow Covid protocols was justified under section 51 of the Disaster Management Act wherein if the order of the SEC was not followed, a fine could be imposed. The affidavit concludes that the PIL is with malafide intent and the issues raised are not bonafide and hence should be dismissed.

After perusing the affidavit and hearing the brief submissions by additional government pleader Jyoti Chavan, the court sought to know the situation on suburban train travel during the pandemic and now. It asked the state to make submissions in this regard.

After Chavan sought time to reply, the court posted the PIL for further hearing on Friday.