Decision on train travel illegal, abrogation of citizens' rights: Bombay High Court

The Bombay High Court on Tuesday came down heavily on the Maharashtra government, calling its decision to restrict the train travel facility illegal as well as an abrogation of the fundamental rights of citizens.

In a strongly worded order issued on Tuesday, a Bench of Chief Justice Dipankar Datta and Justice MS Karnik said that the court was hopeful of an appropriate decision with regard to lifting the restrictions currently in place regarding travelling by local train in Mumbai. The bench was hearing a public interest litigation filed by activist Firoz Mithiborwala, with senior advocate Anil Anturkar arguing for the State.

“We hope and trust that in keeping with the present situation and the observations, the State Executive Committee (SEC) will take an appropriate decision for lifting of restrictions considering all aspects of the matter including the particular circumstance that fundamental rights of a section of the citizens were abrogated because of certain illegal orders passed by the chairperson of the SEC earlier,” the bench observed while adjourning the matter for February 28.

As per the existing rules only those who are fully vaccinated with both doses of a government approved covid-19 vaccine are allowed to travel aboard local trains. The passengers are required to show proof of their vaccination while buying tickets for season passes as well as to ticket checkers whenever asked for the same.

The decision has been met with mixed reactions, with a lot of people being openly critical about it as not everyone has been able to get both doses of their vaccine. Being unable to commute by local train, which remains the fastest and most economical option for most of the citizens, means that the people have to either turn to slower options like buses or more expensive ones like fleet Cabs. With covid-19 numbers receding, many employers are going back to on-site working culture, and lack of attendance at work directly affects the salaries of employees in many cases.

The HC, while expressing concern about the fundamental rights of the citizens, also called attention to the illegal manner in which the orders were passed By former Maharashtra chief secretary Sitaram Kunte.

“Orders were issued from time to time by the former Chief Secretary, in the capacity of the Chairperson of the State Executive Committee, imposing restrictions to be adhered to during the second wave of the pandemic without there being any deliberation with the other members of the Committee, who happened to be bureaucrats having their offices in the same building where the Chief Secretary has his office. Since there were no meetings of the State Executive Committee, minutes of meetings though required to be recorded in terms of statutory rules were not recorded. Although at an earlier stage it was submitted that as the Chairperson of the Committee the former Chief Secretary had certain emergency powers and to take decisions all by himself, we have observed from the records produced yesterday by Mr. Anturkar that none of the orders recorded any emergent like situation warranting the Chairperson of the Committee to pass an order without waiting for deliberations with the other members,” the bench observed.

Vandana Sonawane, member of the zonal railway users' consultative committee and the Maharashtra Mahila Pravasi Sangh, welcomed the HC’s observations and expressed full agreement with them.

“Especially with cases of covid-19 decreasing at a rapid pace the government needs to realise that it is high time train travel were made available to all. Only the aged and the elderly are completely vaccinated but these are not the people who have to go out and earn livelihoods. It is the young people who need to go to work or go to their educational institutions. The youth of the state has suffered a lot in the pandemic with most working professionals having had to take severe pay cuts. My own daughter, who is an MBA graduate, is currently earning only rupees 12000 per month. People are now fully aware and are more careful as compared to earlier. They will definitely take all precautions while travelling but cutting off such a crucial mode of transport cannot be the answer,” she said.